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abinash (legal officer)     21 February 2015

Stamp duty on e contracts

I need to understand the procedure of paying stamp duty for e contracts in maharashtra. Both franking and physical stamp paper requires the date of franking/ stamp paper purchase should be date prior to signing of the contract. This is not possible in case of e contracts? Documents needs to printed only after the parties electronically sign it. Please suggest suitable answers



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 3 Replies

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     21 February 2015

  • No need to present original instrument to Stamp Office, unless you wish to have conventional stamp.
  • Submit stamping application either in paper form or electronically.
  • Pay stamp duty online, through existing tax payment channels or at Stamp Office.
  • Receive Stamp Certificate via the Internet or in paper form depending on the mode of submission.
  • Attach the stamp certificate to the original instrument as evidence of stamping.
  •  

T. Kalaiselvan, Advocate (Advocate)     22 February 2015

Well advised by learned advocate Mr. Ramachary, you may follow the advises rendered.

abinash (legal officer)     22 February 2015

Thanks Mr. Ramachary for your valuable opinion.

However, still a bit confused as to the date of paying the stamp duty. taking the procedure described after an electronic contract is formed, and stamp duty is paid, the date of the contract in that case will be prior to paying stamp duty. However, in common parlance the date of purchase of stamp paper is always prior to the date of signing of the contract??? How does it work??

Further need to understand as to whether there is any rule of the legislature/ stamp office which lays down the above procedure or is it only a procedure that is followed in convention.


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