G.O.Ms.No. 189, Notification under the Indian Stamp Act, 2017
The Government of Tamil Nadu, Commercial Taxes and Registration Department, issued G.O.Ms.No. 189, Commercial Taxes and Registration (J1), dated December 29, 2017, granting a one-third remission of the specified stamp duty difference for certain property instruments pending on June 8, 2017. The remission applied for three months from publication of the notification in the Tamil Nadu Government Gazette on January 3, 2018.
What the notification does
The Government of Tamil Nadu, Commercial Taxes and Registration Department, issued G.O.Ms.No. 189, Commercial Taxes and Registration (J1), dated December 29, 2017, under the Indian Stamp Act, 1899. The notification remits one-third of the difference between stamp duty already paid and stamp duty chargeable on the market value determined for specified instruments.
The market value covered land and buildings, including chargeable assets. It was estimated by the Registering Officer after considering the Guidelines Register in force on the date of registration and the Schedule of Rates prescribed by the Public Works Department.
Who could benefit
G.O.Ms.No. 189 applied only to specified instruments that were pending on June 8, 2017. It covered:
- References pending with the Collector for determination of market value under Section 47-A(1).
- Suo motu proceedings taken by the Collector under Section 47-A(3) and pending with the Collector.
- Appeals pending before the Chief Controlling Revenue Authority under Section 47-A(5).
- Suo motu proceedings taken by the Chief Controlling Revenue Authority under Section 47-A(6) and pending before that authority.
- Appeals pending before the High Court under Section 47-A(10).
- Proceedings taken by the Collector under Section 19-B(4) and pending with the Collector.
- Registered instruments pending with the Registering Officer for reference to the Collector under the listed provisions of Sections 47-A or 19-B for market value determination.
Property buyers or owners whose instruments were not within one of these pending categories are not identified as eligible by the notification.
Amount and duration
G.O.Ms.No. 189 did not waive the entire additional stamp duty. It remitted one-third of the difference between the duty already paid and the duty chargeable on the estimated market value.
The Tamil Nadu Government Gazette published the notification on January 3, 2018. The remission remained in force for three months only from that publication date.
This summary is generated from the source document to help you find what is relevant. The PDF above is authoritative. For advice on your own property, use LandLens One or speak to a qualified professional.
Common questions
Did the notification waive all additional stamp duty?
No. It remitted one-third of the difference between the stamp duty already paid and the duty chargeable on the estimated market value.
Did the remission apply to every undervaluation case?
No. It applied to the listed categories of instruments and proceedings that were pending on June 8, 2017.
Were both land and buildings covered?
Yes. The market value calculation covered properties consisting of land and buildings, including chargeable assets.
How long was the remission available?
The remission was in force for three months from publication in the Tamil Nadu Government Gazette on January 3, 2018.
