MCA21 User Note for FO Users on eStamp Release September 2009 1
MCA21 User Note for FO Users on eStamp Release September 2009 1 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 Forms o Form 1, (including MoA, AoA) o Form 5 o Form 44 Currently Applicable for 20 States and 2 Union territories 2 List of States/UTs Agreed to the Proposal 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 3 Flow of eStamp process 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 - 4 Stamp duty section in Form 1 5 Stamp duty section in Form 5 6 Stamp duty section in Form 44 7 Flow of eStamp process – Contd.. 5. If user desires to pay the Stamp Duty electronically (online through MCA21 system) then i. 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 physically i. 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 8 Fee payment for eStamp Duty 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. Sr. Mode of MCA21 Service No. 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) 9 Offline Payment of MCA21 Service Fee 10 Challan of MCA21 Service Fee 11 Challan of eStamp Duty Fee 12 Online Payment of MCA21 Service Fee 13 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 14 Online Payment of eStamp Duty Fee After Payment of the eStamp Duty Fee, the following screen will be displayed to the user. 15 Fee payment for eStamp Duty – Please Note 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”. 16 Track Payment Status of eStamp Forms 17 Track Transaction Status – Screen Shot 18 Track Transaction Status – Screen Shot 19 Track Transaction Status – Screen Shot 20 Payment of Original/ Additional eStamp Duty independently Separate link has been provided to pay/generate challan of Original/ Additional eStamp Duty in FO portal Note - 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. 21 Payment of Original/ Additional eStamp Duty independently 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. 22 Payment of Original/ Additional eStamp Duty independently 23 Payment of Original/ Additional eStamp Duty independently Payment of original eStamp Duty Fee 24 Payment of Original/ Additional eStamp Duty independently Payment of additional eStamp Duty Fee 25 Payment of Original/ Additional eStamp Duty independently 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 26 View Public Document (VPD) of eStamp Forms 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 27 View Public Document of eStamp Forms 28 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. 29 VPD of MoA of eStamped Form 1 30 VPD of AoA of eStamped Form 1 31 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 Name of state/ union territory Delhi (companies having share capital other than section 25) Amount in Rupees Form 5 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 Form 1 10 MoA 200 AoA 0.15% of aut horised capital subject to a maximum stamp duty of Rs. 25 lak hs 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 Hary ana (companies having share capital other than section 25) 15 60 NIL Hary ana (companies not having share capital other than section 25) 15 60 60 if authorised capit al is less than or equal to Rs. 1 lakh 120 if authorised capital is greater than Rs. 1 lakh 60 Hary ana companies) 15 NIL NIL NIL (S ection 25 NIL 32 Remarks eStamp Duty Rules Stamp duty rules for Form 1, MoA, AoA, and Form 5 Name of state/ union territory Maharashtra (companies having share capital other than section 25) Amount in Rupees Form 5 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 Form 1 100 MoA 200 AoA 1000 on every Rs. 5 lakh of authorised capital or part thereof subject to a maximum of 50 lakh of stamp duty. Maharashtra (companies not having share capital other than section 25) Maharashtra (S ection 25 companies) Orissa (companies having share capital other than section 25) 100 NIL NIL NIL 100 NIL NIL NIL 10 300 300 NIL Andhra Pradesh (companies having share capital other than section 25) 20 500 0.15% of the aut horized 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 capit al 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. 33 Remarks These rules shall also apply to companies not having share capital other than section 25 and Section 25 companies. These rules shall also apply to section 25 companies having share capital eStamp Duty Rules Stamp duty rules for Form 1, MoA, AoA, and Form 5 Name of state/ union territory Andhra Pradesh (companies not having share capital other than section 25) Bihar (companies having share capital other than section 25) Form 1 20 MoA 500 AoA 1000 20 500 1000 Amount in Rupees Form 5 1000 Remarks These rules shall also apply to section 25 companies not having share capital 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 Bihar (companies not having share capital other than section 25) Bihar (Section 25 companies) Jharkhand (companies having share capital other than section 25) 20 500 1000 (iii) However, If 0.15% of amount of existing authorised c apital is Rs. 5 lakhs or more then no stamp duty shall be payable. NIL 20 5 NIL 63 NIL 105 NIL NIL Jharkhand (Section 25 companies) Jammu and Kashmir (companies having share capital other than section 25) 5 NIL NIL NIL 10 150 NIL Jammu and Kashmir (companies not having share capital other than section 25) 10 150 150 if aut horis ed capital is less than equal to Rs. 1,00,000 and 300 if authorised capit al is greater than Rs. 1,00,000 150 NIL 34 These rules shall also apply to companies not having share capital other than section 25. eStamp Duty Rules Stamp duty rules for Form 1, MoA, AoA, and Form 5 Name of state/ union territory Jammu and Kashmir (Section 25 companies) Tamil Nadu (companies having share capital other than section 25) Form 1 10 MoA NIL AoA NIL Amount in Rupees Form 5 NIL 20 200 300 NIL Tamilnadu (Section 25 companies) Pondicherry (companies having share capital other than section 25) 20 NIL NIL NIL 10 200 300 NIL Pondicherry (Section 25 companies) Assam (companies having share capital other than section 25) 10 NIL NIL NIL 15 200 310 NIL Meghalaya (companies having share capital other than section 25) 10 100 300 NIL Manipur (companies having share capital other than section 25) 10 100 150 NIL Nagaland (companies having share capital other than section 25) 10 100 150 NIL 35 Remarks These rules shall also apply to companies not having share capital other than section 25. These rules shall also apply to companies not having share capital other than section 25. These rules shall also apply to section 25 companies and companies not having share capital other than section 25 These rules shall also apply to section 25 companies and companies not having share capital other than section 25 These rules shall also apply to section 25 companies and companies not having share capital other than section 25 These rules shall also apply to section 25 companies and companies not having share capital other than section 25 eStamp Duty Rules Stamp duty rules for Form 1, MoA, AoA, and Form 5 Name of state/ union territory Tripura (companies having share capital other than section 25) Form 1 10 MoA 100 AoA 150 Amount in Rupees Form 5 NIL Arunachal Pradesh (companies having share capital other than section 25) 10 200 500 NIL Mizoram (companies having share capital other than section 25) 10 100 150 NIL Kerala (companies having share capital other than section 25) 25 500 1000 NIL Lakshadweep (companies having share capital other than section 25) 25 500 1000 NIL Madhya Prades h (companies having share capital other than section 25) 10 500 0.15% of aut horised capital or 1000, whichever is more subject to a maximum of 5 lakhs of stamp duty. Madhya Prades h (companies not having share capital other than section 25 Madhya Pradesh (Section 25 companies) 10 500 1000 Stamp duty shall be: 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 NIL 10 NIL NIL NIL 36 Remarks These rules shall also apply to section 25 companies and companies not having share capital other than section 25 These rules shall also apply to section 25 companies and companies not having share capital other than section 25 These rules shall also apply to section 25 companies and companies not having share capital other than section 25 These rules shall also apply to section 25 companies and companies not having share capital other than section 25 These rules shall also apply to section 25 companies and companies not having share capital other than section 25 eStamp Duty Rules Stamp duty rules for Form 1, MoA, AoA, and Form 5 Name of state/ union territory Chhattisgarh (companies having share capital other than section 25) Form 1 10 MoA 500 AoA 0.15% of aut horised 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) Chhattisgarh (Section 25 companies) Rajasthan (companies having share capital other than section 25) Rajasthan (companies not having share capital other than section 25) Punjab (companies having share capital other than section 25) 10 500 1000 Amount in Rupees Form 5 Stamp duty shall be: 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 NIL 10 NIL NIL NIL 10 500 0.5% capital 10 500 500 NIL 15 500 NIL Punjab (companies not having share capital other than section 25) Punjab (Section 25 companies) 15 500 500 if aut horis ed capital is less than equal to Rs. 1 lakh and 1000 if authorised capit al is greater than Rs. 1 lakh 500 15 NIL NIL NIL of aut horised 0.5% of amount of increase in authorised capital NIL 37 Remarks These rules shall also apply to Section 25 companies having share capital These rules shall also apply to Section 25 companies not having share capital eStamp Duty Rules Stamp duty rules for Form 1, MoA, AoA, and Form 5 Name of state/ union territory Himachal Pradesh (companies having share capital other than section 25) Amount in Rupees Form 5 NIL Form 1 3 MoA 60 Himachal Pradesh (companies not having share capital other than section 25) Himachal Prades h (Section 25 companies) Chandigarh (companies having share capital other than section 25) Chandigarh (companies not having share capital other than section 25) Chandigarh (Section 25 companies) Uttar Pradesh (companies having share capital other than section 25) 3 60 AoA 60 if authorised capital is less than equal to Rs. 1 lakh and 120 if authorised capit al is greater than Rs. 1 lakh 60 3 NIL NIL NIL 3 500 1000 NIL 3 500 1000 NIL 3 NIL NIL NIL 10 500 500 NIL Uttar Pradesh companies) NIL NIL NIL NIL Uttarakhand (companies having share capital other than section 25) 10 500 500 NIL Uttarakhand companies) Nil Nil Nil Nil (Section (Section 25 25 Remarks NIL 38 These rules shall also apply to companies not having share capital (other than section 25) and to Section 25 companies having share capital These rules shall be applicable only to section 25 companies not having share capital. These rules shall also apply to companies not having share capital (other than section 25) and to Section 25 companies having share capital These rules shall be applicable only to section 25 companies not having share capital. eStamp Duty Rules Stamp duty rules for Form 1, MoA, AoA, and Form 5 Name of state/ union territory West Bengal (companies having share capital other than section 25) Form 1 10 MoA 60 AoA 300 Amount in Rupees Form 5 NIL West Bengal (Section 25 companies) Karnataka (companies having share capital other than section 25) Karnataka (companies not having share capital other than section 25) Karnataka (Section 25 companies) Gujarat (companies having share capital other than section 25) 10 NIL NIL NIL 20 1000 20 1000 500 on every Rs.10 lakhs of aut horised capital or part thereof 500 500 on every Rs.10 lakhs of amount of increase in authorised capital or part thereof, subject to a minimum of 500. 500 20 NIL NIL NIL 20 100 0.5% of aut horised capital subject to maximum of 5 lakhs Gujarat (companies not having share capital other than section 25) Gujarat (section 25 companies) Dadra and Nagar Haveli (companies having share capital other than section 25) 20 100 1000 Stamp duty shall be0.5% 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 NIL 20 NIL NIL NIL 1 15 25 NIL Dadra and Nagar Haveli (section 25 companies) 1 NIL NIL NIL 39 Remarks These rules shall also apply to companies not having share capital other than section 25 These rules shall also apply to companies not having share capital other than section 25. eStamp Duty Rules Stamp duty rules for Form 1, MoA, AoA, and Form 5 Name of state/ union territory Goa (companies having share capital other than section 25) Goa (companies not having share capital other than section 25) Goa (section 25 companies) Daman and Diu (companies having share capital other than section 25) Daman and Diu (companies not having share capital other than section 25) Daman and Diu (section 25 companies) Andaman and Nicobar (companies having share capital other than section 25) Andaman and Nicobar (companies not having share capital other than section 25) Andaman and Nicobar (section 25 companies) AoA Rs. 1000/- for every Rs. 5 lakhs or part thereof authorized capital. 1000 Amount in Rupees Form 5 Rs. 1000/- for every Rs. 5 lakhs of amount of increas e in authorised capital or part thereof. NIL 150 NIL Rs. 1000/- for every Rs. 5 lakhs or part thereof authorized capital. 1000 NIL Rs. 1000/- for every Rs. 5 lakhs of amount of increas e in authorised capital or part thereof NIL 20 NIL NIL NIL 20 200 300 NIL 20 200 300 NIL 20 NIL NIL NIL Form 1 20 MoA 150 20 150 20 20 NIL 150 20 Remarks 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 represent ative is residing. 40 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. 41 Thank You 42
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