Stamp Duty

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All agreements are to be stamped in order to be admissible before court except expressly

exempted under the stamp act.


Stamp duty on security agreements and Non-Disclosure Agreement- Security agreement is a
service agreement and agreement of service is specifically covered under Entry 33 read with
Entry 5 (d) of the Schedule 1A of the Stamp Act, as applicable in Punjab. As per the attached
document stamp duty on such agreements is 15rs. But as the 2019 amendment to Stamp
(Punjab) Amendment bill says that it the word fifty in point d will be substituted by hundred
rupees.
Conclusion: Stamp duty on Security agreement and Non-disclosure agreement is Rs. 15 or 50.

Stamp Duty on Gift of Shares to relatives:


Shares is an immovable property – Entry 62 of Schedule I of Stamp Act, as applicable in Punjab
provides that transfer of shares with or without consideration bear stamp duty of 25 paise per
100 rupees. But In case of Gift there is a specific provision
Gift is covered under entry 33 which says stamp duty will be same as conveyance under entry
23. Entry 23 gives different slabs for difference amount of consideration in case of conveyance.
Note: Transfer of government securities exempted.
Conclusion: gift of shares is without any consideration therefore, no stamp duty shall be
applicable on it, but online article suggests that stamp duty has to be paid – 25 paise per 100
rupees.

Stamp Duty in case of Amalgamation – An order of amalgamation under section 232 of


Companies Act, 2013 is a conveyance and stamp duty is to be charged - NCLT
As Stamp Act as applicable in Punjab does not expressly exempt scheme of Amalgamation
from stamp duty. Stamp duty is also chargeable on every property transfer in case of
Amalgamation governed by entries under Schedule 1A.

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