Dear friends,
Stamp duty has to be paid on share certificates as per State Stamp Act. In Maharashtra, Section 11 of Bombay Stamp Act permits payment of stamp duty on share certificates by way of adhesive stamps also. As per Rule 3 of Bombay Stamp Rules 1939, stamps issued by the State Government for the purpose of the Act have to be used. In practice it is seen that companies are using revenue stamps on share certificates where value of duty is not high. A sheet of stamps is also attached to certificates in case of need.
However, in one of the cases the Department has raised objection saying that revenue stamp cannot be used on share certificates, reason being that revenue stamp income goes to Central Government whereas stamp duty on share certificates is a State subject and hence only stamps issued by the State Government should be used.
Members may kindly give their views in the matter.