INTRODUCTION
The Karnataka State Legislature in exercise of powers
conferred under entry 63 of list II of the seventh schedule of the Constitution
of India has issued the Karnataka Stamp (Amendment) Act, 2023 (Karnataka Act
No. 04 of 2024) on February 3, 2024 ( Amendment Act )
[i]
to amend the Karnataka
Stamp Act, 1957 (Karnataka Act 34 of 1957) ( Principal Act ).
The following are the key highlights of the Amendment
Act
:
1.
Payment of
duties
Section 30 of the Principal
Act provides for the concerned authority who is supposed to bear stamp duty on
various instruments. Previously, Section 30(a) of the Principal Act provided
that for any instrument described in Article 2 (Administration Bond),
Article 6 (Agreement relating to deposit of title deeds, pawn or pledge),
Article 12 (Bond), Article 13 (Bottomry Bond), Article 23 (
Customs
Bond
), Article 27 (Further Charge), Article 29 (Indemnity Bond),
Article 34 (Mortgage Deed), Article 45 (Release), Article 46 (
Respondentia
Bond
), Article 47 (Security Bond or Mortgage Deed), Article 48 (Settlement),
Article 52(a) (
Transfer of debentures, being marketable securities, whether
the debenture is liable to duty or not
) and Article 52(b) (
Transfer of
any interest secured by a bond, mortgage deed or policy of insurance
) of
the schedule, the stamp duty shall be paid by the person drawing, making or
executing such instrument.
However, pursuant to the
Amendment Act, the stamp duty on any instrument under Article 56 (
if
relating to paper bank guarantee and e-bank guarantee
) of the schedule
shall also be paid by the person drawing, making or executing such instrument.
2.
Stamp duty
on instruments
The Schedule to the
Principal Act lays down the stamp duty payable on various instruments. Pursuant
to the Amendment Act, the stamp duty on certain instruments stands modified as
follows:
Sl. No. |
Article |
Instrument |
Earlier Position |
Amended Position and our observations |
1.
|
Article 3 |
Adoption deed i.e., any instrument
(other than a will), recording in adoption, or conferring or purporting to
confer an authority to adopt.
|
INR 500 (Rupees Five Hundred Only) |
INR 1000 (Rupees One Thousand Only) |
2.
|
Article 4 |
Affidavit, including an affirmation or
declaration in the case of persons by law allowed to affirm or declare
instead of swearing.
|
INR 20 (Rupees Twenty Only) |
INR 100 (Rupees One Hundred Only) |
3.
|
Article 5(b) |
Agreement or its records or memorandum
of an agreement if relating to the purchase or sale of a government security.
|
INR 1 (Rupees One Only) for every INR
10,000 (Rupees Ten Thousand Only) or part thereof of the value of the
security at the time of its purchase or sale, as the case may be subject to a
maximum of INR 1000 (Rupees One Thousand Only).
|
INR 1 (Rupees OneOnly) for every INR
10,000 (Rupees Ten Thousand Only) or part thereof of the value of the
security at the time of its purchase or sale, as the case may be.
Vide the Amendment Act, the cap of INR
1,000 (Rupees One Thousand Only) has been removed. |
4.
|
Article 5(e)(ii) |
Agreement or its records or memorandum
of an agreement if relating to sale of immovable property wherein part
performance of the contract if possession of the property is not delivered.
|
10 paise (ten paise) for every
INR 100 (Rupees One Hundred Only) or part thereof on the market value equal
to the amount of consideration subject to a maximum of INR 20,000 (Rupees
Twenty Thousand Only) but not less than INR 500 (Rupees Five Hundred Only).
|
50 paise (fifty paise) for every INR
100 (Rupees One Hundred Only) or part thereof on the market value equal to
the amount of consideration but not less than INR 500 (Rupees Five Hundred
Only).
Vide the Amendment Act, the cap of INR
20,000 (Rupees Twenty Thousand Only) has been removed. |
5.
|
Article 5(id)(i) |
Agreement or its records or memorandum
of an agreement if relating to building works or labour or services (work
contracts) where the amount or consideration in the agreement does not exceed
INR 10,00,000 (Rupees Ten Lakhs Only).
|
INR 100 (Rupees One Hundred
Only) |
INR 500 (Rupees One Hundred Only) |
6.
|
Article 5(i-d)(ii) |
Agreement or its records or memorandum
of an agreement if relating to building works or labour or services (work
contracts) where the amount or consideration in the agreement exceeds INR
10,00,000 (Rupees Ten Lakhs Only).
|
INR 100 (Rupees One Hundred
Only) and in addition INR 100 (Rupees One Hundred Only) for every INR
10,00,000 (Rupees Ten Lakhs Only) or part thereof in excess of INR 10,00,000
(Rupees Ten Lakhs Only), subject to a maximum of INR 5,00,000 (Rupees Five
Lakhs Only).
|
INR 500 (Rupees Five Hundred
Only) and in addition INR 500 (Rupees Five Hundred Only) for every INR
10,00,000 Rupees Ten Lakhs Only) or part thereof in excess of INR 10,00,000
(Rupees Ten Lakhs Only), subject to a maximum of INR 10,00,000 (Rupees Ten
Lakhs Only).
|
7.
|
Article 5(i-e)(i) |
Chit Agreement, executed in the State
of Karnataka under Section 6 of the Chit Funds Act, 1982 where the value of
chit does not exceed INR 1,00,000 (Rupees One Lakh Only) |
INR 100 (Rupees One Hundred
Only) |
INR 500 (Rupees Five Hundred
Only) |
8.
|
Article 5(i-e)(i) |
Chit Agreement, executed in the State
of Karnataka under Section 6 of the Chit Funds Act, 1982 where the value of chit
exceeds INR 1,00,000 (Rupees One Lakh Only) |
INR 100 (Rupees One Hundred
Only) plus INR 50 (Rupees Fifty Only) for every INR 1,00,000 (Rupees One Lakh
Only) or part thereof, exceeding INR 1,00,000 (Rupees One Lakh Only).
|
INR 500 (Rupees Five Hundred
Only) plus INR 100 (Rupees One Hundred Only) for every INR 1,00,000 (Rupees
One Lakh Only) or part thereof, in excess of INR 1,00,000 (Rupees One Lakh
Only).
|
9.
|
Article 5(j) |
Agreement or its records or memorandum
of an agreement if not otherwise provided for.
|
INR 200 (Rupees Two Hundred
Only) |
INR 500 (Rupees Five Hundred
Only) |
10.
|
Article 6(1)(i) |
Agreement relating to deposit of title
deeds, pawn or pledge, that is to say, any
instrument evidencing an
agreement relatingto the deposit of title deeds or instrumentsconstituting or
being evidence of the title toany property whatever (other than amarketable
security), where such deposit,has been made by way of security for
therepayment of money advanced or to beadvanced by way of loan or an existing
orfuture debt if such loan or debt is repayable on demand from the date of
instrument evidencing the agreement where the loan or debt amount does not
exceed INR 10,00,000 (Rupees Ten Lakh Only)
|
0.1% (zero decimal one per
cent) on the loan or debt amount subject to a minimum of INR 500 (Rupees Five
Hundred Only).
|
0.5% (zero decimal five per
cent) on the loan or debt amount subject to a minimum of INR 500 (Rupees Five
Hundred Only).
|
11.
|
Article 6(1)(ii) |
Agreement relating to deposit of title
deeds, pawn or pledge, that is to say, any
instrument evidencing an
agreement relating to the deposit of title deeds or instruments constituting
or being evidence of the title to any property whatever (other than a
marketable security), where such deposit, has been made by way of security
for the repayment of money advanced or to be advanced by way of loan or an
existing or future debt if such loan or debt is repayable on demand from the
date of instrument evidencing the agreement where the loan or debt amount
exceeds INR 10,00,000 (Rupees Ten Lakh Only)
|
0.2% (zero decimal two per
cent) on the loan or debt amount subject to a maximum of INR 10,00,000 (Rupees Ten Lakhs Only).
|
0.5% (zero decimal five
percent) of the loan or debt amount.
Vide the Amendment Act, the
maximum cap of INR 10,00,000 (Rupees
Ten Lakhs Only) has been removed. |
12.
|
Article 6(2)(i) |
Agreement relating to deposit of title
deeds, pawn or pledge, that is to say, any
instrument evidencing an agreement relating
to the pawn or pledge of moveable property, wheresuch pawn or pledge has been
made by way of security forthe repayment of money advanced or to be advanced
by wayof loan or an existing or future debt if such loan or debt is repayable
on demand or otherwise where the loan amount exceeds INR 1,00,000 (Rupees One
Lakh Only) but does not exceed INR 10,00,000 (Rupees Ten Lakhs Only).
|
0.1% (zero decimal one per cent)
onthe loan ordebt amount.
|
0.5% (zero decimal five
percent) on the loan or debt amount. |
13.
|
Article 6(2)(ii) |
Agreement relating to deposit of title
deeds, pawn or pledge, that is to say, any
instrument evidencing an agreement
relating to
the pawn or pledge of moveable
property, where such pawn or pledge has been made by way of security for the
repayment of money advanced or to be advanced by way of loan or an existing
or future debt if such loan or debt is repayable on demand or otherwise where
the loan amount exceeds INR 10,00,000 (Rupees Ten Lakh Only).
|
0.2% (zero decimal two per
cent) on the loan or debt amount subject to a maximum of INR 10,00,000 (Rupees
Ten Lakhs Only)
|
0.5% (zero decimal five
percent) of the loan or debt amount.
Vide the Amendment Act, the
maximum cap of INR 10,00,000 (Rupees Ten Lakhs Only) has been removed. |
14.
|
Article 8(b) |
Appraisement or valuation, made
otherwise than under anorder of the Court in the course of a suit in any case
where the amount exceeds INR 1,000 (Rupees One Thousand Only)
|
INR 100 (Rupees One Hundred
Only) |
INR 200 (Rupees Two Hundred
Only) |
15.
|
Article 10 |
Articles of association of a company
where the company has no share capital or nominal share capital or increased
share capital. |
INR 1,000 (Rupees One Thousand
Only) for every INR 10,00,000 (Rupees Ten Lakh Only) or part thereof subject
to a maximum of INR 50,00,000 (Rupees Fifty Lakh Only). |
INR 5000 (Rupees Five Thousand
Only) for every INR 10,00,000 (Rupees Ten Lakh Only) or part thereof subject
to a maximum of INR 1,00,00,000 (Rupees One Crore Only).
|
16.
|
Article 11(b)(i) |
Award- that is to say, any
decision in writing by an arbitrator or umpire, not being an award directing
a partition, on a reference made otherwise than by an order of the court in
the course of a suit if the property,
which is the subject matter of award, is a movable property where the amount
or market value of the property, as set forth in the award, does not exceed
INR 50,00,000 (Rupees Fifty Lakh Only)
|
3/4% (three-fourth percent) of
the amount or market value. |
1% (one percent) of the amount
or market value. |
17.
|
Article 11(b)(ii) |
Award- that is to say, any
decision in writing by an arbitrator or umpire, not being an award directing
a partition, on a reference made otherwise than by an order of the court in
the course of a suit if the property,
which is the subject matter of award, is a movable property where the amount
or market value of the property exceeds INR 50,00,000 (Rupees Fifty Lakh
Only) but does not exceed INR 5,00,00,000 (Rupees Five Crore Only).
|
INR 37,500 (Rupees Thirty-Seven
Thousand Five Hundred Only) plus 1/2% (half percent) of the amount or market
value exceeding INR 50,00,000 (Rupees Fifty Lakh Only). |
1% (one percent) of the amount
or market value. |
18.
|
Article 11(b)(iii) |
Award- that is to say, any
decision in writing by an arbitrator or umpire, not being an award directing
a partition, on a reference made otherwise than by an order of the court in
the course of a suit if the property,
which is the subject matter of award, is a movable property where the amount
or market value of the property exceeds INR 5,00,00,000 (Rupees Five Crore
Only).
|
INR 37,500 (Rupees Thirty-Seven
Thousand Five Hundred Only) plus INR 2,25,000 (Rupees Two Lakh Twenty Five
Thousand Only) plus 1/4 % (one fourth percent) of the amount or market value
exceeding INR 5,00,00,000 (Rupees Five Crores Only). |
1% (one percent) of the amount
or market value. |
19.
|
Article 12(a) |
Bond, not being otherwise
provided for by the Principal Act or by the Karnataka Court Fees and Suits
Valuation Act, 1958 where the amount or value secured does not exceed INR 1000
(Rupees One Thousand Only) |
50 (fifty) paise for every INR
100 (Rupees One Hundred Only) or part thereof. |
INR 2 (Rupees Two Only) for
every INR 100 (Rupees One Hundred Only) or part thereof subject to a minimum
of INR 100 (Rupees One Hundred Only). |
20.
|
Article 12(b) |
Bond, not being otherwise
provided for by the Principal Act or by the Karnataka Court Fees and Suits
Valuation Act, 1958 where the amount or value secured exceeds INR 1000
(Rupees One Thousand Only) |
50 (fifty) paise for the first
INR 1000 (Rupees One Thousand Only) and for every INR 500 (Rupees Five
Hundred Only) or part thereof in excess of INR 1000 (Rupees One Thousand
Only): INR 2.50 (Rupees Two and Fifty Paise Only) |
INR 2 (Rupees Two Only) for
every INR 100 (Rupees One Hundred Only) or part thereof, subject to a minimum
of INR 100 (Rupees One Hundred Only). |
21.
|
Article 14(b) |
Cancellation of instruments executed
by or on behalf of the Central Government or a local authority or other
authority constituted by or under any law for the time being in force or a
body corporate wholly owned or controlled by the Central Government or State
Government |
INR 100 (Rupees One Hundred
Only) |
INR 500 (Rupees Five Hundred
Only) |
22.
|
Article 14(c) |
Cancellation of instruments in
any other case |
INR 100 (Rupees One Hundred
Only) |
INR 500 (Rupees Five Hundred
Only) |
23.
|
Article 17 |
Certificate of enrolment, in
the roll of Advocates prepared and maintained by the State Bar Council under
the Advocates Act, 1961
|
INR 500 (Rupees Five Hundred
Only) |
INR 2000 (Rupees Two Thousand
Only) |
24.
|
Article 19 |
Composition deed, that is to
say, any instrument executed by a debtor, whereby he conveys his property for
the benefit of his creditors, or whereby payment of a composition or dividend
on their debts is secured to the creditors or whereby provision is made for
the continuance of the debtors' business, under the supervision of inspectors
or under letters of licence, for the benefit of his creditors.
|
INR 200 (Rupees Two Hundred
Only) |
INR 500 (Rupees Five Hundred
Only) |
25.
|
Article 20 (4)(i) |
Conveyance relating to an order
made by the High Court or appropriate tribunals or appropriate authorities
under the Companies Act, 2013 in respect of amalgamation of companies,
including a subsidiary amalgamating with parent company. |
3% (three per cent) on
themarket value of the propertyof the transferor company,located within the
State ofKarnataka and transferred tothe transferee company;
or
An amount equal to 1% (onepercent)
of the aggregatevalue of shares issued orallotted in exchange, orotherwise
and in case of asubsidiary company, sharesmerged (or cancelled) withparent
company and inaddition, the amount ofconsideration if any, paid forsuch
amalgamation;
- whichever is higher subject to
a maximum of INR 25,00,00,000 (Rupees Twenty Five Crores Only). |
5% (five per cent) on the
market value of the property of the transferor company, located within the
State of Karnataka and transferred to the transferee company;
or
An amount equal to 5% (five per
cent) of the aggregate value of shares issued or allotted in exchange, or
otherwise and in case of a subsidiary company, shares merged (or cancelled)
with parent company and in addition, the amount of consideration if any, paid
for such amalgamation;
- whichever is higher
subject to a maximum of INR
25,00,00,000 (Rupees Twenty Five Crores Only). |
26.
|
Article 20 (4)(ii) |
Conveyance relating to an order
made by the High Court or appropriate tribunals or appropriate authorities
under the Companies Act, 2013 in respect of reconstruction or demerger of a
company |
3% (three per cent) on the
market value of the property of the transferor company, located within the
State of Karnataka and transferred to the resultingcompany;
or
An amount equal to 1% (one
percent) of the aggregate value of shares issued or allotted to the resulting
company and in addition, the amount of consideration if any, paid for such
demerger or reconstruction;
- whichever is higher
subject to a maximum of INR
25,00,00,000 (Rupees Twenty Five Crores Only). |
5% (five per cent) on the
market value of the property of the transferor company, located within the
State of Karnataka and transferred to the resulting company;
or
An amount equal to 5% (five per
cent) of the aggregate value of shares issued or allotted to the resulting
company and in addition, the amount of consideration if any, paid for such
demerger or reconstruction;
- whichever is higher
subject to a maximum of INR
25,00,00,000 (Rupees Twenty Five Crores Only). |
27.
|
Article 20 (6) |
Conveyance, if relating to
assignment of receivables bythe originator to the special purpose
vehicle(SPV), or by whatever name they are called,in the process of
securitisation under Securitisation and Reconstruction of FinancialAssets and
Enforcement of Security InterestAct, 2002.
|
INR 1 (Rupee One Only) for
every INR 1000 (Rupees One Thousand Only) or part thereof subject to a
maximum of INR 1,00,000 (Rupees One Lakh Only) |
INR 2 (Rupees Two Only) for
every INR 1000 (Rupees One Thousand Only) or part thereof subject to a maximum
of INR 5,00,000 (Rupees Five Lakh Only) |
28.
|
Article 20(7) |
Conveyance relating to
transferable development rights |
3% (three percent) on the
market value of the transferabledevelopment rights equal to the market value
of the corresponding portion of the property leading to such transferable development
rights, which is the subject matter of conveyance; or consideration for such
conveyance; whichever is higher.
However, if the properduty is
paid under clause (ec)of Article 41 on Power ofAttorney, executed by
andbetween the same parties andin respect of the sameproperty, then the
dutypayable on thecorrespondingconveyance under Article20(7), shall not
exceed INR 200 (Rupees Two Hundred Only).
|
5% (five percent) on the market
value of the transferable development rights equal to the market value of the
corresponding portion of the property leading to such transferable
development rights, which is the subject matter of conveyance; or consideration
for such conveyance; whichever is higher.
However, if the proper duty is
paid under clause (ec) of Article 41 on Power of Attorney, executed by and
between the same parties and in respect of the same property, then the duty
payable on thecorresponding conveyance under Article 20(7), shall not exceed
INR 200 (Rupees Two Hundred Only).
|
29.
|
Article 21(i) |
Copy of extract, certified to
be true copy or extract by or by order of any public officer and not
chargeable under the law for the time being in force relating to the court
fees if the original was not chargeable with duty, or if the duty with which
it was chargeable does not exceed INR 5 (Rupees Five Only) |
INR 5 (Rupees Five Only) |
INR 20 (Rupees Twenty Only) |
30.
|
Article 21(ii) |
Copy of extract, certified to
be true copy or extract by or by order of any public officer and not
chargeable under the law for the time being in force relating to the court
fees
In any other cases |
INR 10 (Rupees Ten Only) |
INR 50 (Rupees Fifty Only) |
31.
|
Article 22(b) |
Counterpart or Duplicate - of
any instruments, chargeable with duty and in respect of which the proper duty
has been paid if the duty with which the original instruments is chargeable
exceeds INR 500 (Rupees Five Hundred Only).
|
INR 500 (Rupees Five Hundred
Only) |
INR 1000 (Rupees One Thousand
Only) |
32.
|
Article 25 |
Divorce - Instrument of, that
is to say, any instrument by which any person effects the dissolution of his
marriage.
|
INR 100 (Rupees One Hundred
Only) |
INR 500 (Rupees Five Hundred
Only) |
33.
|
Article 31 |
Letter of allotment of shares,
in anycompany or proposed company or in respect of any loan to be raised by
any company orproposed company.
|
INR 1 (Rupee One Only) |
INR 10 (Rupee Ten Only) |
34.
|
Article 33 |
Memorandum of association of a
company, -
if accompanied by article of
association under Section 26 of the Companies Act, 1956.
|
INR 1000 (Rupees One Thousand
Only) |
INR 5000 (Rupees Five Thousand
Only) |
35.
|
Article 34(c)(i) |
Mortgage deed, not being an
agreementrelating to deposit of title deeds, pawnor pledge, bottomry bond, mortgage
of a crop, respondentiabond or security bond, when a collateral or auxiliary
oradditional or substituted security, or by way offurther assurance for the
above mentionedpurpose, where the principal or primarysecurity is duly
stamped for every sum secured not exceeding INR 1,000 (Rupees One Thousand
Only)
|
INR 10 (Rupee Ten Only) |
INR 50 (Rupee Fifty Only) |
36.
|
Article 34(c)(ii) |
Mortgage deed, not being an
agreement relating to deposit of title deeds, pawnor pledge, bottomry bond,
mortgage of a crop, respondentia bond or security bond, when a collateral or
auxiliary or additional or substituted security, or by way of further
assurance for the above mentioned purpose, where the principal or primary
security is duly stamped for every INR 1,000 (Rupees One Thousand Only) or
part thereof, secured in excess of INR 1000 (Rupees One Thousand Only).
|
INR 10 (Rupee Ten Only) plus INR
1 (Rupee One Only) for every INR 1000 (Rupees One Thousand Only) or part
thereof in excess of INR 1000 (Rupees One Thousand Only). |
INR 50 (Rupee Fifty Only) plus
INR 5 (Rupee Five Only) for every INR 1000 (Rupees One Thousand Only) or part
thereof in excess of INR 1000 (Rupees One Thousand Only). |
37.
|
Article 34(d)(i) |
Mortgage deed, not being an
agreement relating to deposit of title deeds, pawnor pledge, bottomry bond,
mortgage of a crop, respondentia bond or security bond for hypothecation of
moveable property if the loan or debt is repayable on demand where the loan amount
does not exceed INR 10,00,000 (Rupees Ten Lakhs Only)
|
INR 10 (Rupees Ten Only) for
every INR 10,000 (Rupees Ten Thousand Only) or part thereof. |
INR 50 (Rupees Fifty Only) for
every INR 10,000 (Rupees Ten Thousand Only) or part thereof. |
38.
|
Article 34(d)(ii) |
Mortgage deed, not being an
agreement relating to deposit of title deeds, pawnor pledge, bottomry bond,
mortgage of a crop, respondentia bond or security bond for hypothecation of
moveable property if the loan or debt is repayable on demand where the loan
amount exceeds INR 10,00,000 (Rupees Ten Lakhs Only)
|
INR 20 (Rupees Twenty Only) for
every INR 10,000 (Rupees Ten Thousand Only) or part thereof subject to a
maximum of INR 10,00,000 (Rupees Ten Lakhs Only). |
INR 50 (Rupees Fifty Only) for
every INR 10,000 (Rupees Ten Thousand Only) or part thereof.
Vide the Amendment Act, the
maximum cap of INR 10,00,000 (Rupees Ten Lakh Only) has been removed. |
39.
|
Article 39(a)(1) |
Partition- instrument of, as
defined by Section 2(1)(k) of the Principal Act where the property involved
in the partition is converted for non-agricultural purpose or is meant for
non-agricultural use if the property is situated in the jurisdiction of
municipal corporation or urban development authorities or municipal councils
or town panchayats.
|
INR 1000 (Rupees One Thousand
Only) for each share. |
INR 5000 (Rupees Five Thousand
Only) for each share. |
40.
|
Article 39(a)(2) |
Partition- instrument of, as
defined by Section 2(1)(k) of the Principal Act where the property involved
in the partition is converted for non-agricultural purpose or is meant for
non-agricultural use if the property is situated in areas other than the
jurisdiction of municipal corporation or urban development authorities or
municipal councils or town panchayats.
|
INR 500 (Rupees Five Hundred
Only) for each share. |
INR 3000 (Rupees Three Thousand
Only) for each share. |
41.
|
Article 39(b) |
Partition- instrument of, as
defined by Section 2(1)(k) of the Principal Act where the property involved
in the partition is agricultural land. |
INR 250 (Rupees Two Hundred and
Fifty Only) for each share. |
INR 1000 (Rupees One Thousand
Only) for each share. |
42.
|
Article 39(c) |
Partition- instrument of, as
defined by Section 2(1)(k) of the Principal Act where the property involved
in the partition is movable or money. |
INR 250 (Rupees Two Hundred and
Fifty Only) for each share. |
INR 1000 (Rupees One Thousand
Only) for each share. |
43.
|
Article 40(B)(a) |
Partnership- reconstitution
where immovable property contributed as share by a partner or partners
remains with the firm at the time of outgoing in whatever manner by such
partner or partners on reconstitution of such partnership firm. |
3% (three percent) on the
market value of the immovable property remaining with the firm. |
5% (five percent) on the market
value of the immovable property remaining with the firm. |
44.
|
Article 40(B)(b) |
Partnership- reconstitution in
any other case |
INR 1000 (Rupees One Thousand
Only) |
INR 2000 (Rupees Two Thousand
Only) |
45.
|
Article 40(C)(a) |
Partnership- dissolution of-
where the property which belonged to one partner or partners when the
partnership commenced is distributed or allotted or given to another partner
or partners. |
3% (three percent) on a market
value equal to the market value of the property distributed or allotted or given
to partner or partners under the instrument of dissolution, in addition to
the duty which would have been chargeable on such dissolution if such
property had not been distributed or allotted or given. |
5% (five percent) on a market
value equal to the market value of the property distributed or allotted or
given to partner or partners under the instrument of dissolution, in addition
to the duty which would have been chargeable on such dissolution if such
property had not been distributed or allotted or given. |
46.
|
Article 40(C)(b) |
Partnership- dissolution of- in
any other case. |
INR 1000 (Rupees One Thousand
Only) |
INR 2000 (Rupees Two Thousand
Only) |
47.
|
Article 40-A(A)(a) |
Constitution of limited
liability partnership, or conversion of firm/private company/unlisted public
company into limited liability partnership where the capital does not exceed
INR 10,00,000 (Rupees Ten Lakhs Only) |
INR 1000 (Rupees One Thousand
Only) |
INR 5000 (Rupees Five Thousand
Only) |
48.
|
Article 40-A(A)(b) |
Constitution of limited
liability partnership, or conversion of firm/private company/unlisted public
company into limited liability partnership where the capital exceeds INR
10,00,000 (Rupees Ten Lakhs Only), for every INR 5,00,000 (Rupees Five Lakhs
Only) or part thereof exceeding INR 10,00,000 (Rupees Ten Lakhs Only). |
INR 1000 (Rupees One Thousand
Only) plus INR 500 (Rupees Five Hundred Only) for every INR 5,00,000 (Rupees
Five Lakh Only) or part thereof, exceeding INR 10,00,000 (Rupees Ten Lakh
Only) capital amount, subject to a maximum of INR 10,00,000 (Rupees Ten Lakh
Only). |
INR 5000 (Rupees Five Thousand
Only) plus INR 1000 (Rupees One Thousand Only)for every INR 5,00,000 (Rupees
Five Lakh Only) or part thereof, exceeding INR 10,00,000 (Rupees Ten Lakh
Only) capital amount, subject to a maximum of INR 25,00,000 (Rupees Twenty-Five
Lakh Only) |
49.
|
Article 40-A(B) |
Reconstruction or amalgamation
of limited liability partnership |
3% (three percent) on the
consideration or market value of the property whichever is higher of the
transferor limited liability partnership located within the State of
Karnataka. |
5% (five percent) on the
consideration or market value of the property whichever is higher of the
transferor limited liability partnership located within the State of
Karnataka. |
50.
|
Article 41(a) |
Power of attorney when executed
for the sole purpose of procuring the registration of one or more documents
in relation to a single transaction or for admitting execution of one or more
such documents. |
INR 100 (Rupees One Hundred
Only) |
INR 500 (Rupees Five Hundred
Only) |
51.
|
Article 41(b) |
Power of attorney when
authorising one person or more to act in a single transaction other than when
executed for the sole purpose of procuring the registration of one or more
documents in relation to a single transaction or for admitting execution of
one or more such documents. |
INR 100 (Rupees One Hundred
Only) |
INR 500 (Rupees Five Hundred
Only) |
52.
|
Article 41(c) |
Power of attorney when
authorising more than 5 (five) persons to act jointly and severally in more
than one transaction or generally.
|
INR 100 (Rupees One Hundred
Only) |
INR 500 (Rupees Five Hundred
Only) |
53.
|
Article 41(d) |
Power of attorney when
authorising more than 5 (five) but not more than 10 (ten) persons to act
jointly and severally in more than one transaction or generally. |
INR 200 (Rupees Two Hundred
Only) |
INR 1000 (Rupees One Thousand
Only) |
54.
|
Article 41(f) |
Power of attorney when executed
by a principal or client for the sole purpose of authorizing the agent or
broker to carry out all lawful actsand deeds relating to his / her
tradingoperations including sale / purchase ofmarketable securities, transfer
of securitiestowards stock exchange, receiving / releasingfunds and
securities from / to other parties onbehalf of the principal or client.
|
INR 50 (Rupees Fifty Only) |
INR 100 (Rupees One Hundred
Only) |
55.
|
Article 41(g) |
Power of attorney when executed
by a principal or client for the sole purpose of authorising the depository
participant to carry out all lawful acts and deeds relating to his/her demat
account as per the bye-laws of the depositories/regulations governing such
operations. |
INR 50 (Rupees Fifty Only) |
INR 100 (Rupees One Hundred
Only) |
56.
|
Article 41(h) |
Power of attorney in any other
cases. |
INR 200 (Rupees Two Hundred
Only) |
INR 500 (Rupees Five Hundred
Only) |
57.
|
Article 44(b) |
Reconveyance of mortgaged
property the consideration for which the property was mortgaged exceeds INR
1000 (Rupees One Thousand Only) |
INR 100 (Rupees One Hundred
Only) |
INR 200 (Rupees Two Hundred
Only) |
58.
|
Article 45(c) |
Release, that is to say, any
instrument (not being such a release as is provided for by Section 24 of the
Principal Act), whereby a person renounces a claim upon another person or
against any specified property- release of mortgage rights or lien.
|
Same duty as a Bond under
Article 12, subject to a maximum of INR 100 (Rupees One Hundred Only) |
Same duty as a Bond under
Article 12, subject to a maximum of INR 200 (Rupees Two Hundred Only) |
59.
|
Article 47(a) |
Security bond or Mortgage deed,
executed by way of security for the due execution of an office, or to account
for money or other property received by virtue thereof, or execution by a
surety to secure the due performance of a contract when the amount secured
does not exceed INR 1000 (Rupees One Thousand Only)
|
50 (fifty) paise for every INR
100 (Rupees One Hundred Only) or part thereof. |
INR 2 (Rupees Two Only) for
every INR 100 (Rupees One Hundred Only) or part thereof. |
60.
|
Article 47(b) |
Security bond or Mortgage deed,
executed by way of security for the due execution of an office, or to account
for money or other property received by virtue thereof, or execution by a
surety to secure the due performance of a contract when the amount secured
exceeds INR 1000 (Rupees One Thousand Only)
|
INR 200 (Rupees Two Hundred
Only) |
INR 500 (Rupees Five Hundred
Only) |
61.
|
Article 51(b) |
Surrender of lease when the
duty with which the lease is chargeable exceeds INR 22.50 (Rupees Twenty Two
and Fifty Paise Only) |
INR 100 (Rupees One Hundred
Only) |
INR 200 (Rupees Two Hundred
Only) |
62.
|
Article 52(b)(ii) |
Transfer (whether with or
without consideration) of any interest secured by a bond, mortgage deed or
policy of insurance if the duty on such bond, mortgage deed or policy exceeds
INR 22.50 (Rupees Twenty Two and Fifty Paise Only) |
INR 100 (Rupees One Hundred
Only) |
INR 200 (Rupees Two Hundred
Only) |
63.
|
Article 52(c) |
Transfer (whether with or
without consideration) of any interest secured by a bond, mortgage deed or
policy of insurance of any property under Section 25 of the Administrator
Generals Act, 1963 |
INR 100 (Rupees One Hundred
Only) |
INR 200 (Rupees Two Hundred
Only) |
64.
|
Article 54(i) |
Trust, declaration of or
concerning, any property when made any writing not being a will- when the
trust is made exclusively for public religious and charitable purposes. |
INR 1000 (Rupees One Thousand
Only) |
INR 2000 (Rupees Two Thousand
Only) |
65.
|
Article 54(ii) |
Trust, declaration of or
concerning, any property when made any writing not being a will- when the
trust is made for the management and custody of properties, for the purpose
of distributing the benefits/profits of the property to the beneficiaries and
where there is no transfer or disposition of property, in any way. |
INR 1000 (Rupees One Thousand
Only) |
INR 2000 (Rupees Two Thousand
Only) |
3.
Stamp duty
on bank guarantee
The Amendment Act inserts Article 56 to the Schedule
of the Principal Act which essentially provides for the stamp duty payable on bank
guarantee. It states that for paper bank guarantee, the stamp duty payable
shall be INR 300 (Rupees Three Hundred Only) and for e-bank guarantee, the
stamp duty payable shall be INR 200 (Rupees Two Hundred Only).
KEY
TAKEAWAYS
The
incremental changes to the stamp duty shall have consequential effects on
various transactions involving subject matter of the instruments. Since many
states have not yet updated their stamp duties, the revised stamp rates in the
Karnataka will make execution of documents in the State comparably more expensive.
Such increase in stamp duty could also lead to higher operational costs for the
businesses situated in Karnataka. Furthermore, these higher rates would have
high potential of impacting the financing transactions andas a result, the
businesses might opt to establish arbitration venues and registered offices in
some other State. However, the increase in stamp duty would enable the
Karnataka Government to boost the revenue and channelize the funds into public
services and welfare of the community.