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Stamp Act

(Querist) 01 October 2009 This query is : Resolved 
If any one registered his document of Agreement to sale with possession on the stamp duty paid on the basis of consideration paid at the time of agreement then whether registering authority can impose an deficiency of stamp duty as the agreed sale consideration is more than the paid one, and the stamp paid is not on the complete sale consideration?
if the same is liable then why the document is not treated as sale deed on fulfill the deficiency of stamp duty livable?
whether it is not against the rule of double jeopardy?
adv. rajeev ( rajoo ) (Expert) 02 October 2009
While registering the Agreement of sale Stamp duty will be charged on the total sale considertation. At the time of regn., of sale deed you will get the deduction whatever you have paid while registering the AOS.
Y V Vishweshwar Rao (Expert) 02 October 2009
Sale agreement is a Trasaction and Stamp duty is to be paid on the transaction Value

The Stamp duty paid on the Sale agreement is to be adjusted at the time of Sale Deed Registration!

Raj Kumar Makkad (Expert) 02 October 2009
Fully agree with Vishweshar Rao. This is not double jeopardy as u told.
Sarvesh Kumar Sharma Advocate (Expert) 02 October 2009
yes i m also agree with mr. rao.
Satyendra Kumar Pandey (Querist) 02 October 2009
Sir, If we paid full stamp duty as aplicable on sale at the time of agreementto sale then why we pay stamp duty at the time of sale again if no changes occur in property.
Raj Kumar Makkad (Expert) 02 October 2009
Satendra! No full stamp duty is paid on agreement to sale. In almost all States, agreements are written on the stamp paper of rs. 10/- to Rs. 100/- whereas the stamp duty is leviable on sale-deed is many times more than this so your quarry is not based on practical experience.
Sachin Bhatia (Expert) 03 October 2009
Agreed with Mr. Raj Kumar


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