Amendment to Remission of Duty and Amendment to Table of Fees, 2012
The Government of Tamil Nadu, Commercial Taxes and Registration Department, issued G.O.Ms.No.93, Commercial Taxes and Registration (J-1), dated 4th July 2012, to amend a stamp duty remission notification and the registration Table of Fees. From 5th July 2012, the amount stated in each amended provision was increased from Rs.5,000 to Rs.25,000.
What the notification changes
G.O.Ms.No.93, Commercial Taxes and Registration (J-1), dated 4th July 2012, contains two amendments issued by the Government of Tamil Nadu, Commercial Taxes and Registration Department. Both amendments came into force on 5th July 2012 and replace an amount of Rs.5,000 with Rs.25,000.
The amendments were published in the Tamil Nadu Government Gazette Extraordinary, No.185, dated 5th July 2012.
Stamp duty remission amendment
Notification No.II(2)/CTR/368(a-1)/2012 amends Commercial Taxes Department Notification No.II(2)/CT/1582/98, published in the Tamil Nadu Government Gazette dated 12th August 1998, as subsequently amended.
That earlier notification concerns remission of duty chargeable on instruments of sale involving the transfer of immovable property for certain value under the Indian Stamp Act, 1899.
Key points are:
- The expression “Rs.5,000 (Rupees five thousand only)” is replaced with “Rs.25,000 (Rupees twenty five thousand only)”.
- The change took effect on 5th July 2012.
- The amendment was made using the powers conferred on the Governor of Tamil Nadu by the Indian Stamp Act, 1899.
Registration fee amendment
Notification No.II(2)/CTR/368(a-2)/2012 amends the Table of Fees published with Judicial Department Notification No.177, dated 30th March 1909, as subsequently amended.
Key points are:
- The amendment applies to Article 1, clause (k), item (c-89) of the Table of Fees.
- In that item, “Rs.5,000 (Rupees five thousand only)” is replaced with “Rs.25,000 (Rupees twenty five thousand only)”.
- The revised amount took effect on 5th July 2012.
- The amendment was made using the powers conferred by the Registration Act, 1908.
Who may be affected
The stamp duty amendment may affect persons dealing with instruments of sale involving transfers of immovable property that fall within the amended remission notification. The registration fee amendment may affect persons whose registration falls under Article 1, clause (k), item (c-89) of the Table of Fees. The Gazette text does not provide further details about the transactions covered by that item.
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Common questions
When did the revised amounts take effect?
Both amendments came into force on 5th July 2012.
What amount was changed by the Gazette notification?
The amount of Rs.5,000 was replaced with Rs.25,000 in both the stamp duty remission notification and the specified item in the registration Table of Fees.
Does the registration fee change apply to every registration?
The source identifies Article 1, clause (k), item (c-89) of the Table of Fees. It does not state that the change applies to every registration.
Does the notification concern sales of immovable property?
Yes. One amendment concerns remission of duty chargeable on instruments of sale involving the transfer of immovable property for certain value.