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MODI PARESHKUMAR MANUBHAI (Article)     01 January 2022

Stamp duty on retirement of all directors and appointment of new directors

One property (Immovable - NA Land) was purchased by a Pvt. Ltd. Company at that time Mr. A & B was directors and after that all directors are retired and new directors Mr. C & D appointed

Now whether stamp duty to be paid for that?


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 5 Replies

Dr J C Vashista (Advocate)     02 January 2022

When all the directors of a private limited company retire, the company has to be winded up, it looses its legl entity, isn't it?

MODI PARESHKUMAR MANUBHAI (Article)     02 January 2022

Sir one retired an another joined like

P. Venu (Advocate)     02 January 2022

Property is owned by the firm. The changes in share holding or change of directors is of no consequence.

Megha   12 January 2022

Hi,

Section 3 of the Indian Stamp Act, 1899 mentions the instruments chargeable with duty and includes a non agricultural land within its ambit.

Payment of stamp duty has no forbearance with termination/ resignation of the director(s) of the company.

Therefore, the company cannot do away with its liability of payment of stamp duty.

Best regards,
Megha  

 

Dr J C Vashista (Advocate)     13 January 2022

As stated by you, inter alia, "Sir one retired an another joined like" means it is hypothetical and fabricated story.

However, if it is true show all relevant documents to a local prudent lawyer for better appreciation of facts / documents, professional advise and necessary proceeding.
 

 


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