Exemption from Payment of Stamp Duty and Registration Fee under the Indian Stamp Act, 1899 and the Registration Act, 1908
The Government of Tamil Nadu, Commercial Taxes and Registration Department, issued G.O. Ms. No. 143, Commercial Taxes and Registration (J2), dated 18 October 2022, to waive stamp duty and registration fees for Joint Venture Agreements connected with the 400 MLD Sea Water Reverse Osmosis Desalination Plant project at Perur, along East Coast Road in Chennai. Both exemptions are deemed to have taken effect from 30 June 2022 and apply only to agreements executed by members of that Joint Venture project.
What the notification does
G.O. Ms. No. 143, Commercial Taxes and Registration (J2), dated 18 October 2022, contains two connected exemptions issued by the Government of Tamil Nadu, Commercial Taxes and Registration Department. One removes stamp duty and the other removes the registration fee for specified Joint Venture Agreements.
The agreements must be executed by members of the Joint Venture projects formed for setting up a 400 MLD capacity Sea Water Reverse Osmosis Desalination Plant at Perur, along East Coast Road, Chennai, Tamil Nadu.
Stamp duty exemption
The stamp duty notification was issued using the Governor of Tamil Nadu's power under clause (a) of sub section (1) of Section 9 of the Indian Stamp Act, 1899.
Key points are:
- Stamp duty chargeable under the Indian Stamp Act, 1899 is remitted.
- The remission covers instruments of Joint Venture Agreements.
- The agreements must be executed by members of the specified desalination plant Joint Venture projects.
- The exemption is deemed to have come into force on 30 June 2022.
Registration fee exemption
The registration fee notification was issued using the Governor of Tamil Nadu's power under Section 78-A of the Registration Act, 1908. The notification states that the remission is considered necessary in the public interest.
Key points are:
- The fee payable under the Registration Act, 1908 is remitted.
- The remission applies to the same specified Joint Venture Agreements for the Perur desalination plant project.
- The exemption is deemed to have come into force on 30 June 2022.
Who is affected
G.O. Ms. No. 143 directly affects members of the Joint Venture projects who execute agreements for the identified desalination plant. The notification does not provide a general stamp duty or registration fee exemption for property purchases, home sale deeds, ordinary development agreements or unrelated joint ventures.
A buyer or property owner is therefore affected only if the instrument falls within the specifically described project and agreement category. The notification does not state any exemption rate, fee amount or procedure for claiming the remission.
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Common questions
Does this exemption apply to an ordinary house or land sale?
No general exemption for house or land sales is stated. The remission is limited to Joint Venture Agreements executed by members of the specified Perur desalination plant projects.
Are both stamp duty and registration fees waived?
Yes. Separate notifications under G.O. Ms. No. 143 remit the stamp duty and the registration fee payable for the specified Joint Venture Agreements.
From what date does the exemption apply?
Both notifications are deemed to have come into force on 30 June 2022.
Which project is covered by the exemption?
The exemption covers Joint Venture Agreements for setting up a 400 MLD capacity Sea Water Reverse Osmosis Desalination Plant at Perur, along East Coast Road, Chennai, Tamil Nadu.
