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FAQ on e-payment of stamp duty in forms of ROC

Keeping in view the requirement of stakeholders awareness, process of e-stamp has not been made mandatory, meaning thereby, stakeholders have option to pay stamp duty in electronic manner through MCA21 system or in physical form as per the existing procedure.Further this process shall be applicable only to such States/Union Territories which have agreed to the request of Ministry of Corporate Affairs for collection of e-stamp duty on their behalf.

1. Please specify the services for which Stamp Duty can be paid through MCA21 system?

Stamp Duty payable on Filing of e-form 1 (including MOA & AOA), 5 and 44 can be paid through MCA21 system.

2. Am I required to fill the details of stamp duty in eform manually?

No, when user selects option to pay stamp duty through MCA21 system, the system itself prefills relevant details in the eform. In case user opts to pay stamp duty in physical manner, details of the same shall have to be provided in the eForm by the user.

3. Can I pay Stamp Duty in electronic manner with respect to all States / UTs?

    * List of States/ Union Territories in which eStamp duty payment on Form 1, MoA, AoA, Form 5 and Form 44 is available on line through MCA portal:

1.Andaman & Nicobar Islands
2.Andhra Pradesh
3.Arunachal Pradesh
4.Assam
5.Bihar*
6.Chhattisgarh
7.Delhi
8.Jharkhand
9.Gujarat
10.Haryana
11.Karnataka     12.Madhya Pradesh
13.Maharashtra
14.Manipur
15.Meghalaya
16.Orissa
17.Punjab*
18.Rajasthan
19.Tamil Nadu
20.Uttar Pradesh
21.Uttarakhand
22.West Bengal
* eStamp payment services for these states will be available w.e.f. 20-09-2009

    * List of States/ Union Territories in which eStamp duty payment is not available on line through MCA portal1. Chandigarh
      2. Dadra and Nagar Haveli
      3. Daman and Diu
      4. Goa
      5. Himachal Pradesh
      6. Jammu and Kashmir
      7. Kerala
      8. Lakshadweep
      9. Mizoram
      10. Nagaland
      11. Puducherry
      12. Tripura

    * State where provisions of Companies Act, 1956 are not extended1. Sikkim

Stamp duty applicable to other states/UTs is to be paid in physical form, as per current process.

4. Whether payment of stamp duty through MCA21 system is Mandatory?

Payment of stamp duty through MCA21 system is OPTIONAL till 31.12.2009. User may pay stamp duty either through MCA21 system or in the same manner as was prevailing till now. But w.e.f. 1st January, 2010, stamp duty shall have to be paid only through electronic mode for the states which have agreed for e-stamping. Please refer notification SO S.O. 2276 (E) issued by Ministry of Corporate Affairs in this regard.

5.What are the modes of payment of stamp duty through MCA21 system?

There are two modes, stamp duty can be paid through MCA21 system either off-line or on -line.

6. Whether Challan of MCA21 service fee shall include details of stamp duty also in case of off line mode?

There shall be separate SRN / challan for stamp duty, in addition to SRN / challan for MCA21 services.

7. What shall be the validity of challan for payment of stamp duty?

Validity of challan for payment of stamp duty shall be the same as that of the challan for MCA21 service fees.

8. In whose favour should I draw the check / DD to pay the stamp duty in case an offline challan has been generated?

An Information note has been provided on the challan of stamp duty regarding payment of stamp duty. Please refer to the same.

9. What is the procedure to pay for the challan generated for stamp duty?

Challan generated for stamp duty is to be paid in the same manner as challan for MCA21 services fees is deposited in an authorized bank.

10. Is it necessary to pay both the challans (i.e. challans for stamp duty and for MCA21 service fees) simultaneously?

It is not necessary to pay these two challans simultaneously but these should be paid within the validity period mentioned on the challan. It is suggested to make payment of both of these challans simultaneously as processing of the eForm shall not start unless both of these i.e. the MCA21 Service fees and stamp duty is paid and payment is confirmed."

By djain128, Section Ask Questions
Posted on Mon Sep 14, 2009 at 09:41:20 AM EST
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