Stamp Duty On Share Purchase Agreement In Delhi

The Finance Act replaced the term “value” with “market value” to determine stamp duty in respect of negotiable or other assets. The term “value” has different interpretations that give rise to different disputes, as the assertion that the value of the stamp duty is the value of the instrument, but another assertion was that the value of the instrument represented the market value of the instrument. There will be no confusion in determining the value of the instrument with the definition of the new term “market value”. 4.7 Any person who bears and pays stamp duty is the matter of the agreement between the parties. In the absence of such an agreement, the law provides that in the event of a transfer, the tax must be paid by a buyer and, in the case of a lease, by the tenant. In the case of obligations, release, settlement, it must be paid by the person who manufactures or pulls the instrument. In the event of an exchange, it must be paid equally by the parties and, in the event of division, by the parties in relation to their respective shares. In all other cases, it must be paid by the person who performs the act. On the share capital subject to a share capital or an increased share capital (liberalization p. 25 companies) dematerialization of the shares that receive physical share certificates converted into an electronic format kept on an account with the depositary. 4.9 Any person may apply to the stamp collector for a ruling on the stamp duty to be paid on the instrument, which shall determine, where applicable, the fee which may be paid on the instrument. It should be noted that the decision is now mandatory in all cases where a legal act requires registration, since the Registrar of Sub-Insurance insists.

The document must be submitted to the collector within one month of the execution of this act in the State and within 3 months of receipt of the document in the State. As a result, future options and options (in shares and commodities) and other types of securities or contracts that derive their value from debt, shares, loans or price indices are also subject to stamp duty. Please indicate what the stamp duty will be on the Rs.100 Crores share certificate issued by the company established in the State of Bihar. . . .

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