The document discusses stamp duty requirements for various legal agreements and transactions in Punjab according to the Stamp Act. For security agreements and NDAs, the stamp duty is Rs. 15 or Rs. 100. Gift of shares to relatives is exempt from stamp duty as gifts are not considered a conveyance requiring stamps. However, some sources state a duty of 25 paise per Rs. 100 is required for share transfers. Amalgamation orders under the Companies Act are considered a conveyance subject to stamp duty as the Stamp Act does not exempt such schemes.
The document discusses stamp duty requirements for various legal agreements and transactions in Punjab according to the Stamp Act. For security agreements and NDAs, the stamp duty is Rs. 15 or Rs. 100. Gift of shares to relatives is exempt from stamp duty as gifts are not considered a conveyance requiring stamps. However, some sources state a duty of 25 paise per Rs. 100 is required for share transfers. Amalgamation orders under the Companies Act are considered a conveyance subject to stamp duty as the Stamp Act does not exempt such schemes.
The document discusses stamp duty requirements for various legal agreements and transactions in Punjab according to the Stamp Act. For security agreements and NDAs, the stamp duty is Rs. 15 or Rs. 100. Gift of shares to relatives is exempt from stamp duty as gifts are not considered a conveyance requiring stamps. However, some sources state a duty of 25 paise per Rs. 100 is required for share transfers. Amalgamation orders under the Companies Act are considered a conveyance subject to stamp duty as the Stamp Act does not exempt such schemes.
The document discusses stamp duty requirements for various legal agreements and transactions in Punjab according to the Stamp Act. For security agreements and NDAs, the stamp duty is Rs. 15 or Rs. 100. Gift of shares to relatives is exempt from stamp duty as gifts are not considered a conveyance requiring stamps. However, some sources state a duty of 25 paise per Rs. 100 is required for share transfers. Amalgamation orders under the Companies Act are considered a conveyance subject to stamp duty as the Stamp Act does not exempt such schemes.
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.