Rule 10. For online registration, stamp duty and registration fees are paid online to the Government of Maharashtra through the Government Accounting System (GRAS) (Virtual Treasury) through an electronic funds transfer or other government-imposed payment method. As already mentioned, an electronic agreement must be stamped in accordance with national stamp legislation. Section 3 of the Indian Stamp Act and the stamp legislation of several other countries in India specify that an instrument to be applied must be „performed“. Instruments exported to Malaysia that are taxable must be stamped within thirty days from the date of execution. If the instruments are exported outside Malaysia, they must be stamped in Malaysia within thirty days of their first receipt. These are the documents on which the Union or the central government collects stamp duty. In addition, the governments of the Länder concerned may also tax certain documents. Ringgit Malaysia`s credit agreements generally attract a 0.5% stamp duty For RM credit agreements or RM credit instruments without collateral and refundable on request or in reimbursement by individual shots, the tax liability is reduced by 0.1%. An instrument that is not stamped or insufficiently stamped is not admissible as evidence in court and is not paid for by a staff member. Apart from the Indian Stamp Act, many states have their own legislation with stamp duty. Most state-specific stamp laws also do not specifically contain electronic records within their scope, but some state stamp tax laws refer to electronic records.
For example, section 2(l) of the Maharashtra Stamp Act, 1958[3], which defines the instrument, refers specifically to electronic records. It says: „Also help me with the amount of the fine if we reship documents in a month, since the tax has not been paid before, so we have to pay 100% fee, 200% fee or how much? Stamp duty of 0.5% on the value of services/loans. However, stamp duty may be stopped above 0.1% for the following instruments: 2) Introduction of section 17 (1) (A) of the Indian Registration Act, which makes mandatory contracts for the transfer of immovable property for remuneration, type section 53 (A) of the Transfer of Property Act, including the agreement of sale. Documents that do not need to be registered but that have to pay stamp duty Performance therefore means that the party to the contract subcontracts the act. The attribution[5] of the electronic record is also considered to be enforcement. The above definition leads to the conclusion that the specific instrument, when executed, would entail the payment of stamp duty, i.e. if it is signed or bears a signature, even if the enforcement is carried out electronically. This clearly shows that the Maharashtra Stamp Act also levies stamp duty on electronic agreements. This justifies that electronic agreements also fall within the scope of the Stamps Act and must therefore be stamped. Section 3 of the Stamps Act is the royalty section that provides for the levying of stamp duty on certain instruments upon performance. The corresponding provision of section 3 is reproduced below: Up to 300,000 (transfer instrument and loan agreement) (note 1) Stamp duty is levied on instruments and not on transactions. If a transaction can be made without creating a transfer instrument, no tax is payable.
300.001 – 500.000 – Of the first 300.000 – 300.001 to 500.000 (transfer and loan contract) (note 1) Section 17 of the Stamps Act, determines when an instrument must be stamped. It stipulates that, in accordance with the India Act 1899, stamp duty must be paid as a measure of recording and tracking all transactions. Therefore, stamp duty works almost as proof of the conclusion of the transaction and the fact that it took place. .