Mca- 21
Asha
(Querist) 25 September 2012
This query is : Resolved
Sir, Is it mandatory to purchase a stamp paper for Form 20 (Commencement of Business in case of a Pub Co.) after the Company being incorporated. Can it not of a date before incorporation and after availability of the name of the Company. I think the only motto of a stamp paper is to pay stamp duty to the State. I availed a name of a Pub Co on 12.09.2012. It was incorporated on 19.09.2012. I had purchased a stamp paper in the name of the Company on 15.09.2012 to attach with the Form 20. What will be the status of the Form? Can it be acceptible or not?
M V Gupta
(Expert) 26 September 2012
As per the Bombay Stamp Rules the stamp paper should be purchased in the name of a person who is party to a document and should be used within a period of six months from the date of purchase. As the company was not incorporated on 15-09-12, the date of purchase of the stamp paper, better not use it. To avoid controversy buy another stamp and use it. You may also apply for refund of the duty paid on the stamp paper purchased on 15-09-12 on the ground that it could not be used.
