Liability of stamp duty on increase in share capital - How stamp ...

Companies Law

April 8, 2024

Liability of stamp duty on increase in share capital - How stamp duty is to be applied to Articles of Association in cases of increased share capital? - The Supreme Court clarified that Form No. 5, merely serving as a notice to the Registrar, does not fall within the ambit of "instrument" as defined under the Stamp Act. It underscored that only the Articles of Association, which embody the company's regulations, can be stamped, and not the procedural forms associated with it. - The Court decisively interpreted the amendment introducing a maximum stamp duty cap as a one-time measure applicable to the Articles of Association, including any subsequent increases in share capital, provided the cumulative stamp duty did not exceed the prescribed cap.

View Source

← Previous Next →

Liability of stamp duty on increase in share capital - How stamp ...

Companies Law

April 8, 2024

You may also like:

Levy of stamp duty on schemes of amalgamation or restructuring - The High court found that orders of the court sanctioning amalgamation/restructuring, along with the...

Deduction u/s 35D - the assessee had increased the share capital by way of private placement with its holding, hence, deduction u/s 35D not allowable to the assessee - AT

Payment of interest on share application money - Nature of expenditure - the assessee with an object to increase share capital has incurred expenses in the form of...

Capital or revenue expenditure - payment of custom duty for de bonding increases value of the asset and it is required to be added to the costs or written down value - AT

Oppression and Mismanagement - increase in the paid-up capital from Rs.1 crore to Rs.2 crores in the Extraordinary General Body Meeting - Allegation of fraudulent...

TDS u/s 194-IC on Capital gain in case of Joint Development Agreement (JDA) u/s 45(5A) - the full value of consideration shall be taken as the stamp duty value of his...

Mere fact that the website of the ROC indicates that stamp duty shall be 0.5 per cent of amount on increase in the authorized share capital does not lend a legal basis...

Refund of stamp duty - Stamp papers purchased for registration of immovable property but the same could not be executed - The denial of refund of the stamp duty...

Requirement to deposit Stamp Duty and Registration Fee - conversion of the petitioner from ‘Partnership Firm’ to ‘Limited Liability Partnership’ - Once there is no...

Liability of Stamp Duty - scheme of amalgamation - The words “whichever is higher” used in those two sub-clauses cannot be read to mean that, the highest stamp duty of...

Quick Updates: