Registrars of Companies have to ensure that proper is paid on the instruments registered with their office. As of now, submission of documents is mandatory where stamp duty is levied in order to ascertain that applicable stamp duty has been paid. In the present scenario, even though the eForm is submitted instantly, the RoC office has to wait for receipt of physical stamp papers to initiate necessary processing. It results in time getting longer. Hence, in furtherance of e-governance initiatives, provisions regarding stamp duty applicable on filing of e-forms have been amended and stakeholders shall have facility stamp duty in electronic manner also. As of now, this process shall cover Form 1(including MoA, AoA), Form 5 and Form 44 only, accordingly revised eforms are being introduced w.e.f. 12.09.2009. These provisions shall be to the eforms filed subsequent to this amendment. eforms filed earlier are 'Resubmitted' after implementation of this change, e-stamp shall not be applicable.
Keeping in view the requirement of stakeholders awareness, process of e-stamp has not been made mandatory, meaning thereby, stakeholders have option to pay stamp duty in electronic manner through MCA21 system or in physical form as per the existing procedure.Further this process shall be applicable only to such States/Union Territories which have agreed to the request of Ministry of for collection of e-stamp duty on their behalf.
List of eForms to which eStamping will be applicable
- FORM 1(INCLUDING MOA,AOA)
- FORM 5
- FORM 44
- FORM 67
FAQ on e payment of stamp duty
1. Please specify the services for which Stamp Duty can be paid through MCA21 system?
Stamp Duty payable on Filing of e-form 1 (including MOA & AOA), 5 and 44 can be paid through MCA21 system.
2. Am I required to fill the details of stamp duty in eform manually?
No, when user selects option to pay stamp duty through MCA21 system, the system itself prefills relevant details in the eform. In case user opts to pay stamp duty in physical manner, details of the same shall have to be provided in the eForm by the user.
3. Can I pay Stamp Duty in electronic manner with respect to all States / UTs?
List of States/ Union Territories in which eStamp duty payment on Form 1, MoA, AoA, Form 5 and Form 44 is available on line through MCA portal:
1.Andaman & Nicobar Islands
* eStamp payment services for these states will be available w.e.f. 20-09-2009
List of States/ Union Territories in which eStamp duty payment is not available on line through MCA portal
2. Dadra and Nagar Haveli
3. Daman and Diu
5. Himachal Pradesh
6. Jammu and Kashmir
State where provisions of Companies Act, 1956 are not extended
Stamp duty applicable to other states/UTs is to be paid in physical form, as per current process.
4. Whether payment of stamp duty through MCA21 system is Mandatory?
Payment of stamp duty through MCA21 system is OPTIONAL till 31.12.2009. User may pay stamp duty either through MCA21 system or in the same manner as was prevailing till now. But w.e.f. 1st January, 2010, stamp duty shall have to be paid only through electronic mode for the states which have agreed for e-stamping. Please refer notification SO S.O. 2276 (E) issued by Ministry of Corporate Affairs in this regard.
5.What are the modes of payment of stamp duty through MCA21 system?
There are two modes, stamp duty can be paid through MCA21 system either off-line or on –line.
6. Whether Challan of MCA21 service fee shall include details of stamp duty also in case of off line mode?
There shall be separate SRN / challan for stamp duty, in addition to SRN / challan for MCA21 services.
7. What shall be the validity of challan for payment of stamp duty?
Validity of challan for payment of stamp duty shall be the same as that of the challan for MCA21 service fees.
8. In whose favour should I draw the / DD to pay the stamp duty in case an offline challan has been generated?
An Information note has been provided on the challan of stamp duty regarding payment of stamp duty. Please refer to the same.
9. What is the procedure to pay for the challan generated for stamp duty?
Challan generated for stamp duty is to be paid in the same manner as challan for MCA21 services fees is deposited in an authorized bank.
10. Is it necessary to pay both the challans (i.e. challans for stamp duty and for MCA21 service fees) simultaneously?
It is not necessary to pay these two challans simultaneously but these should be paid within the validity period mentioned on the challan. It is suggested to make payment of both of these challans simultaneously as processing of the eForm shall not start unless both of these i.e. the MCA21 Service fees and stamp duty is paid and payment is confirmed."