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Anil Kr Garg (Business)     13 October 2013

Stamp duty on arbitral award

1)I understand that MP law on stamp duty requires Arbitral Award to be printed on stamp paper, such that full stamp duty (1% or 2% I can't remember) gets paid even before an Award is printed and released to the claimant and much before it goes to court for enforcement.

Now, if both the parties to agreement reside in MP and agreement was executed in MP as well, but they appoint Arbitrators in a state which does not impose stamp duty on Award, it is OK?

2) Then, when Award is delivered in such duty free state (say, Rajasthan), it has to be brought to court in MP for enforcement, will there be any legal problem?

3) If the above cannot be done, is it possible to pay stamp duty on part of the award such that it is deferred till realisation of payment?

Kindly advise.

Thank you very much in advance.



Learning

 1 Replies

T. Kalaiselvan, Advocate (Advocate)     13 October 2013

If the document is produced before a court at MP where it suffers stamp duty, the court may require the document to be affixed with proper stamp duty due over the same unless it may not be enforceable.


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