Remission of 1/3rd of Difference of Duty Chargeable on the Value of Properties as Proposed by the Registering Officer and the Duty Already Paid under the Indian Stamp Act
The Government of Tamil Nadu, Commercial Taxes and Registration Department, issued G.O. Ms. No. 132, Commercial Taxes and Registration (J1), dated 31st October 2011, granting remission of one-third of a specified difference in stamp duty for certain instruments pending on 31st July 2011. The remission applied for only three months from the date of the notification and was not an ongoing concession.
What the notification did
G.O. Ms. No. 132, Commercial Taxes and Registration (J1), dated 31st October 2011, was issued by the Government of Tamil Nadu, Commercial Taxes and Registration Department, under the Indian Stamp Act, 1899. It remitted one-third of the difference between:
- the stamp duty already paid, and
- the duty chargeable on the property value proposed by the registering officer.
The proposed value could cover land, buildings and chargeable assets. It was determined with reference to the Guideline Register under the Tamil Nadu Stamp (Prevention of Under-valuation of Instruments) Rules, 1968, and the Schedule of Rates prescribed by the Public Works Department.
Cases covered
The remission under G.O. Ms. No. 132 applied only to specified instruments that were pending on 31st July 2011. These included:
- Instruments referred to the Collector for determination of market value under Section 47-A.
- Instruments subject to suo motu action by the Collector under Section 47-A.
- Appeals pending before the Chief Controlling Revenue Authority under Section 47-A.
- Instruments subject to suo motu action by the Chief Controlling Revenue Authority under Section 47-A.
- Appeals pending before the High Court under Section 47-A.
- Instruments pending with the Collector under Section 19-B.
- Registered instruments pending with the registering officer for referral to the Collector under Section 47-A or Section 19-B for determination of market value.
Who was affected
The remission under G.O. Ms. No. 132 affected parties to instruments where the registering officer had proposed a higher property value and the resulting market value or stamp duty issue was in one of the listed pending stages on 31st July 2011. It did not state that every registered property transaction qualified.
Duration
The remission granted by the Government of Tamil Nadu was expressly limited to three months from the date of the notification. The source does not provide an extension or state that the concession continued after that period.
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 reduce the entire additional stamp duty?
No. It remitted one-third of the difference between the duty already paid and the duty chargeable on the property value proposed by the registering officer.
Did the remission apply to land and buildings?
Yes. The notification covered property values for both land and buildings, including chargeable assets.
Was every pending stamp duty case eligible?
No. The instrument had to fall within one of the listed categories and be pending with the relevant authority, court or registering officer on 31st July 2011.
Is the remission an ongoing concession?
No. G.O. Ms. No. 132 stated that the remission would remain in force for three months only from the date of the notification.
