MCA21 User Note for FO Users on eStamp Release

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MCA21 User Note for FO Users on eStamp ReleaseMCA21 User Note for FO Users on eStamp Release

September 2009

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Introduction – eStamp Duty

Wef From 13th September 2009, user shall have an option to pay Stamp Duty through the MCA21 Portal

As of now, the users can pay the Stamp Duty through the existent manual process or through the MCA21 portal

Electronic payment of Stamp Duty will get mandatory from Jan 2010 onwards

Applicable for 3 Formso Form 1, (including MoA, AoA)o Form 5o Form 44

Currently Applicable for 20 States and 2 Union territories

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1. Andaman & Nicobar Islands

2. Andhra Pradesh

3. Arunachal Pradesh

4. Assam

5. Bihar

6. Chhattisgarh

7. Delhi

8. Jharkhand

9. Gujarat

10. Haryana

11. Karnataka

12. Madhya Pradesh

13. Maharashtra

14. Manipur

15. Meghalaya

16. Orissa

17. Punjab

18. Rajasthan

19. Tamil Nadu

20. Uttar Pradesh

21. Uttarakhand

22. West Bengal

List of States/UTs Agreed to the Proposal

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1. Log in to the FO Portal

2. Download the fresh Form (1, 5,44 as applicable)

3. Fill in the Form as applicable

4. Section for Stamp duty in the various Forms is as follows -

Flow of eStamp process

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Stamp duty section in Form 1

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5. If user desires to pay the Stamp Duty electronically (online through MCA21 system) theni. In the Section “Particulars for payment of Stamp Duty click “Prefill”

ii. The Stamp Duty Amount Applicable for the filing shall be displayed in the relevant field.

iii. If the applicable stamp duty is displayed as 0 Select the “Not Applicable” radio button in the Form field “Whether Stamp Duty is to be paid Electronically through the MCA21 system”

iv. If the applicable stamp duty displayed is a valid amount (Greater than 0) Select the “Yes” radio button in the Form

v. Perform rest of the Form Upload activities as were in practice earlier.

6. If the user wants to pay eStamp Duty physicallyi. Select “No” in the in the Form field “Whether Stamp Duty is to be paid

Electronically through the MCA21 system”

ii. Fill in the details of “Stamp Duty already Paid” in the relevant section of the Form

Flow of eStamp process – Contd..

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In case stamp duty is to be paid through MCA21 system –

Separate Series of SRN (D series) will be generated for Stamp Duty User has to pay separately against this D series SRN (apart from the

MCA21 Service Fee

User can opt for the following combination of “Mode of Payment” for eForm and Stamp Duty.

Fee payment for eStamp Duty

Sr. No.

Mode of MCA21 Service Fee

Applicable Mode of related eStamp Payment

1 Offline (Challan) Offline (Challan) (as a separate challan in the same PDF as MCA21 Service Fee Challan)

2 Online (Receipt) i. Offline (Challan)

ii. Online (Receipt)

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Offline Payment of MCA21 Service Fee

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Challan of MCA21 Service Fee

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Challan of eStamp Duty Fee

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Online Payment of MCA21 Service Fee

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Online Payment of MCA21 Service Fee

After online Payment of the MCA21 Service Fee, the following screen will be displayed to the user wherein he has option to pay online/ generate challan for the eStamp Duty Fee

After online Payment of the MCA21 Service Fee, the following screen will be displayed to the user wherein he has option to pay online/ generate challan for the eStamp Duty Fee

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Online Payment of eStamp Duty Fee

After Payment of the eStamp Duty Fee, the following screen will be displayed to the user.

After Payment of the eStamp Duty Fee, the following screen will be displayed to the user.

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Validity Date of the Original eStamp challan is same as the Validity date of the MCA21 Service Fee challan

eg. If the validity of the MCA21 Servcie Fee challan is 20/09/2009 (7 days from date of filing) then the Validity Date of the eStamp challan shall also be 20/09/2009 irrespective of the date of generation of the eStamp challan.

The form processing at MCA office shall not be started till the payment of both the MCA21 service fee (A series SRN) and the eStamp Duty Fee (D series SRN) is confirmed in the system

In case of online payment of MCA21 Service Fee and Challan Payment of Stamp Duty Fee then the status of the MCA21 Service Fee in “Track Transaction Status Screen” shall be “Waiting for Payment of Stamp Duty” till the payment of eStamp Duty is not confirmed in the system. In this case the Form shall not be available for processing by the MCA Officer.

In case user pays the MCA21 Service Fee but does not pay the original eStamp Duty Fee (fee is not confirmed from bank in time) the status of the eStamp Duty shall be displayed as “Expired” and status of the MCA21 Service Fee SRN shall be displayed as “Transaction Cancelled – Payment Not Received”.

Fee payment for eStamp Duty – Please Note

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Track Payment Status of eStamp Forms

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Track Transaction Status – Screen Shot

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Payment of Original/ Additional eStamp Duty independently

Separate link has been provided to pay/generate challan of Original/ Additional eStamp Duty in FO portalNote - Original stamp duty can be paid through this link only in case if MCA21 service fee was paid online and challan was not generated/ online payment was not done for stamp duty payment at the time of eForm upload.

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User can pay for eStamp Duty SRN through this link only if the MCA21 Service Fee payment has been confirmed in the system.

In case user has not paid original Stamp Duty online/generated challan for original Stamp Duty at the time of Form Upload, then radio button for “Type of Stamp Duty” will be selected as “Original Stamp Duty”.

o Irrespective of the MCA21 Service Fee payment mode (Online/Challan), the user can pay the Original eStamp Duty through this link on or before the Validity date of the challan of the related MCA21 service fee

In case original Stamp Duty payment is confirmed in the MCA21 system, then radio button for “Type of Stamp Duty” will be selected as “Additional Stamp Duty”

The user shall need to pay Additional Stamp Duty in cases where the Form has been put in “Pending for User Clarification”, ”Resubmission” with message like “Insufficient Stamp Duty Paid. Pay additional amount of…”

In case the Form has been marked “Pending for User Clarification”, the user needs to pay the additional stamp duty and Upload Form 67 with evidence of the Payment as an attachment in the Form 67.

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Payment of original eStamp Duty Fee

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Payment of additional eStamp Duty Fee

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Upon Clicking the “Pay” button in the previous screen the option to pay through all the three option is displayed as per the usual process

Upon Clicking the “Pay” button in the previous screen the option to pay through all the three option is displayed as per the usual process

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In case of VPD of forms for which eStamp payment has been done through the MAC21 system, the eStamp impression shall be viewed in the Form along with the eStamp Duty Payment Details.

Details displayed in the eSTAMP Duty impression are State or Union Territory Payment Date of the original eStamp Duty SRN Original eStamp Duty SRN Total value of the eStamp Duty payment confirmed in the MCA21 system

In case the eStamp Duty has been paid along with Additional Fees – The Suffix “(M)” shall be appended at the end of the original eStamp Duty SRN displayed in the eStamp Duty impression

View Public Document (VPD) of eStamp Forms

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View Public Document of eStamp Forms

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VPD of MoA & AoA of eStamped Form 1

In Case of Form1 for which the Stamp Duty has been paid electronically, an acknowledgement of the Stamp Duty shall be appended in the beginning of the MoA and AoA.

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VPD of MoA of eStamped Form 1

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VPD of AoA of eStamped Form 1

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eStamp Duty Rules

State wise stamp duty rules for eForm 1, Memorandum of Association (MoA), Articles of Associations (AoA), eForm 5 and eForm 44)

Stamp duty rules for Form 1, MoA, AoA, and Form 5

Amount in Rupees Name of state/ union territory Form 1 MoA AoA Form 5 Remarks Delhi (companies having share capital other than section 25)

10 200 0.15% of authorised capital subject to a maximum stamp duty of Rs. 25 lakhs of stamp duty

Stamp duty shall be: 0.15% of amount of increased authorised capital subject to maximum of Rs. 25 lakhs of stamp duty less 0.15% of amount of existing authorised capital subject to maximum of Rs. 25 lakhs of stamp duty

Delhi (companies not having share capital other than section 25)

10 200 200 NIL

Delhi (Section 25 companies)

10 NIL NIL NIL

Haryana (companies having share capital other than section 25)

15 60 60 if authorised capital is less than or equal to Rs. 1 lakh 120 if authorised capital is greater than Rs. 1 lakh

NIL

Haryana (companies not having share capital other than section 25)

15 60 60 NIL

Haryana (Section 25 companies)

15 NIL NIL NIL

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eStamp Duty Rules

Stamp duty rules for Form 1, MoA, AoA, and Form 5 Amount in Rupees Name of state/ union

territory Form 1 MoA AoA Form 5 Remarks Maharashtra (companies having share capital other than section 25)

100 200 1000 on every Rs. 5 lakh of authorised capital or part thereof subject to a maximum of 50 lakh of stamp duty.

Stamp duty shall be: 1000 on every Rs.5 lakh of amount of increased authorized capital or part thereof subject to a maximum of 50 lakh of stamp duty Less 1000 on every Rs.5,00,000 of amount of existing authorized capital or part thereof subject to a maximum of 50 lakh of stamp duty

Maharashtra (companies not having share capital other than section 25)

100 NIL NIL NIL

Maharashtra (Section 25 companies)

100 NIL NIL NIL

Orissa (companies having share capital other than section 25)

10 300 300 NIL These rules shall also apply to companies not having share capital other than section 25 and Section 25 companies.

Andhra Pradesh (companies having share capital other than section 25)

20 500 0.15% of the authorized capital subject to a minimum of Rs.1000/- and a maximum of Rs.5 lakhs/-

Stamp duty shall be maximum of (i) or (ii), (i) Rs. 1000/- (ii) 0.15% of amount of increased authorised capital subject to maximum of Rs. 5 lakhs of stamp duty less 0.15% of amount of existing authorised capital subject to maximum of Rs. 5 lakhs of stamp duty (iii) However, If 0.15% of amount of existing authorised capital is Rs. 5 lakhs or more then no stamp duty shall be payable.

These rules shall also apply to section 25 companies having share capital

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eStamp Duty Rules


territory Form 1 MoA AoA Form 5 Remarks Andhra Pradesh (companies not having share capital other than section 25)

20 500 1000 1000 These rules shall also apply to section 25 companies not having share capital

Bihar (companies having share capital other than section 25)

20 500 1000 Stamp duty shall be maximum of (i) or (ii), (i) Rs. 1000/- (ii) 0.15% of amount of increased authorised capital subject to maximum of Rs. 5 lakhs of stamp duty less 0.15% of amount of existing authorised capital subject to maximum of Rs. 5 lakhs of stamp duty (iii) However, If 0.15% of amount of existing authorised capital is Rs. 5 lakhs or more then no stamp duty shall be payable.

Bihar (companies not having share capital other than section 25)

20 500 1000 NIL

Bihar (Section 25 companies) 20 NIL NIL NIL Jharkhand (companies having share capital other than section 25)

5 63 105 NIL These rules shall also apply to companies not having share capital other than section 25.

Jharkhand (Section 25 companies)

5 NIL NIL NIL

Jammu and Kashmir (companies having share capital other than section 25)

10 150 150 if authorised capital is less than equal to Rs. 1,00,000 and 300 if authorised capital is greater than Rs. 1,00,000

NIL

Jammu and Kashmir (companies not having share capital other than section 25)

10 150 150 NIL

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eStamp Duty Rules


territory Form 1 MoA AoA Form 5 Remarks Jammu and Kashmir (Section 25 companies)

10 NIL NIL NIL

Tamil Nadu (companies having share capital other than section 25)


Tamilnadu (Section 25 companies)

20 NIL NIL NIL

Pondicherry (companies having share capital other than section 25)


Pondicherry (Section 25 companies)

10 NIL NIL NIL

Assam (companies having share capital other than section 25)

15 200 310 NIL These rules shall also apply to section 25 companies and companies not having share capital other than section 25

Meghalaya (companies having share capital other than section 25)


Manipur (companies having share capital other than section 25)


Nagaland (companies having share capital other than section 25)


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eStamp Duty Rules


territory Form 1 MoA AoA Form 5 Remarks Tripura (companies having share capital other than section 25)


Arunachal Pradesh (companies having share capital other than section 25)


Mizoram (companies having share capital other than section 25)


Kerala (companies having share capital other than section 25)


Lakshadweep (companies having share capital other than section 25)


Madhya Pradesh (companies having share capital other than section 25)

10 500 0.15% of authorised capital or 1000, whichever is more subject to a maximum of 5 lakhs of stamp duty.


Madhya Pradesh (companies not having share capital other than section 25

10 500 1000 NIL

Madhya Pradesh (Section 25 companies)

10 NIL NIL NIL

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eStamp Duty Rules


territory Form 1 MoA AoA Form 5 Remarks Chhattisgarh (companies having share capital other than section 25)

10 500 0.15% of authorised capital or 1000, whichever is more subject to a maximum of 5 lakhs of stamp duty


Chhattisgarh (companies not having share capital other than section 25)

10 500 1000 NIL

Chhattisgarh (Section 25 companies)

10 NIL NIL NIL

Rajasthan (companies having share capital other than section 25)

10 500 0.5% of authorised capital

0.5% of amount of increase in authorised capital

These rules shall also apply to Section 25 companies having share capital

Rajasthan (companies not having share capital other than section 25)

10 500 500 NIL These rules shall also apply to Section 25 companies not having share capital

Punjab (companies having share capital other than section 25)

15 500 500 if authorised capital is less than equal to Rs. 1 lakh and 1000 if authorised capital is greater than Rs. 1 lakh

NIL

Punjab (companies not having share capital other than section 25)

15 500 500 NIL

Punjab (Section 25 companies)

15 NIL NIL NIL

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eStamp Duty RulesStamp duty rules for Form 1, MoA, AoA, and Form 5

Amount in Rupees Name of state/ union territory Form 1 MoA AoA Form 5 Remarks Himachal Pradesh (companies having share capital other than section 25)

3 60 60 if authorised capital is less than equal to Rs. 1 lakh and 120 if authorised capital is greater than Rs. 1 lakh

NIL

Himachal Pradesh (companies not having share capital other than section 25)

3 60 60 NIL

Himachal Pradesh (Section 25 companies)

3 NIL NIL NIL

Chandigarh (companies having share capital other than section 25)

3 500 1000 NIL

Chandigarh (companies not having share capital other than section 25)

3 500 1000 NIL

Chandigarh (Section 25 companies)

3 NIL NIL NIL

Uttar Pradesh (companies having share capital other than section 25)

10 500 500 NIL These rules shall also apply to companies not having share capital (other than section 25) and to Section 25 companies having share capital

Uttar Pradesh (Section 25 companies)

NIL NIL NIL NIL These rules shall be applicable only to section 25 companies not having share capital.

Uttarakhand (companies having share capital other than section 25)

10 500 500 NIL These rules shall also apply to companies not having share capital (other than section 25) and to Section 25 companies having share capital

Uttarakhand (Section 25 companies)

Nil Nil Nil Nil These rules shall be applicable only to section 25 companies not having share capital.

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eStamp Duty Rules


territory Form 1 MoA AoA Form 5 Remarks West Bengal (companies having share capital other than section 25)

10 60 300 NIL These rules shall also apply to companies not having share capital other than section 25

West Bengal (Section 25 companies)

10 NIL NIL NIL

Karnataka (companies having share capital other than section 25)

20 1000 500 on every Rs.10 lakhs of authorised capital or part thereof

500 on every Rs.10 lakhs of amount of increase in authorised capital or part thereof, subject to a minimum of 500.

Karnataka (companies not having share capital other than section 25)

20 1000 500 500

Karnataka (Section 25 companies)

20 NIL NIL NIL

Gujarat (companies having share capital other than section 25)

20 100 0.5% of authorised capital subject to maximum of 5 lakhs

Stamp duty shall be- 0.5% of amount of increased authorised capital subject to maximum of Rs. 5 lakhs of stamp duty less 0.5% of amount of existing authorised capital subject to maximum of Rs. 5 lakhs of stamp duty

Gujarat (companies not having share capital other than section 25)

20 100 1000 NIL

Gujarat (section 25 companies)

20 NIL NIL NIL

Dadra and Nagar Haveli (companies having share capital other than section 25)


Dadra and Nagar Haveli (section 25 companies)

1 NIL NIL NIL

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eStamp Duty Rules


territory Form 1 MoA AoA Form 5 Remarks Goa (companies having share capital other than section 25)

20 150 Rs. 1000/- for every Rs. 5 lakhs or part thereof authorized capital.

Rs. 1000/- for every Rs. 5 lakhs of amount of increase in authorised capital or part thereof.

Goa (companies not having share capital other than section 25)

20 150 1000 NIL

Goa (section 25 companies) 20 NIL NIL NIL Daman and Diu (companies having share capital other than section 25)

20 150 Rs. 1000/- for every Rs. 5 lakhs or part thereof authorized capital.

Rs. 1000/- for every Rs. 5 lakhs of amount of increase in authorised capital or part thereof

Daman and Diu (companies not having share capital other than section 25)

20 150 1000 NIL

Daman and Diu (section 25 companies)

20 NIL NIL NIL

Andaman and Nicobar (companies having share capital other than section 25)

20 200 300 NIL

Andaman and Nicobar (companies not having share capital other than section 25)

20 200 300 NIL

Andaman and Nicobar (section 25 companies)

20 NIL NIL NIL

Stamp duty rules for Form 44 Rs. 100 for Delhi and Rs. 50 for all other states. Stamp rule for Form 44 shall be based only on state where principal place of business of the foreign company is to be situated and shall not be based on state where the authorised representative is residing.

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eStamp Duty Rules

Disclaimer

All initiatives have been taken to make the database in respect of stamp duty as authentic as possible. However, users are requested to refer the relevant Stamp Act/ Rules of the concerned State/ Union Territory Government for the authentic version. Along with the above, Ministry of Corporate Affairs or its service provider shall not be responsible for any loss to any person caused by any shortcoming, discrepancy or inaccuracy in the information regarding such database. Any discrepancy found

on this website may be brought to the notice of MCA immediately.

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Thank You

Documents

MCA21 User Note for FO Users on eStamp Release