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Soon, another stamp duty amnesty scheme for flat owners

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Express News Service

Posted: May 20, 2008 at 0147 hrs IST

Mumbai, May 19 Property-purchasers who did not pay stamp duty on purchase agreements can now regularise the sales by paying duty with a nominal penalty

Flat-Owners who skipped paying stamp duty on their home-purchase agreements will soon be given a huge sop — a chance to regularise their flat purchase if they pay up the stamp duty within a specific time-frame.

By the end of this month, the state’s Revenue Department will announce the Stamp Duty Amnesty Scheme 2008. Under this scheme, anyone who has evaded paying stamp duty can pay up the amount along with a nominal penalty.

Unless stamp duty is paid on flat-purchase agreements, the propetry’s conveyance cannot be executed. This leads to problems later, especially when residents wish to go in for redevelopment of their buildings. Also, banks shy away from granting loans against such properties.

Usually, the only way out is by paying up the stamp duty at the rates prevailing when the flat was purchased, along with a hefty penalty that starts from 2 per cent per month, subject to a maximum of 200 per cent. For instance, if a person has evaded payment of stamp duty of Rs 1 lakh for his flat in 1998, the maximum he can be made to cough up now would be Rs 3 lakh — the original sum plus the maximum penalty.

According to property lawyer Vinod Sampat, the penalty during the period of the amnesty scheme will be in the range of Rs 250 to Rs 500. “This is just another pre-election year lollipop. As against an honest tax payer who has paid his stamp duty say ten years ago, somebody who bought a flat at the same time but did not pay stamp duty gets away with enjoying the principal amount for all these years. And all he has to shell out is a penalty of Rs 500,” he said.

Stamp duty is the second highest source of revenue for the Maharashtra government. In Mumbai alone Rs 6,500 crore was collected from the 1.5 lakh stamp duty registrations in 2007. “The amnesty scheme would be applicable only for residential properties. This is the fourth Stamp Duty Amnesty scheme, the last one having been announced in 2005. Today, the conveyance deed of a majority of housing societies suffers due to a few flat owners who had not paid up stamp duty on their purchases. All such societies can take the benefit of this scheme,” said a stamp duty and market valuation expert.

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