The Maharashtra E-Payment of Stamp Duty and Refund Rules, 2013

REVENUE AND FOREST DEPARTMENT
Madam Cama Road, Hutatma Rajguru Chowk, Mantralaya, Mumbai-400 032

Notification No. Mudrank-20.12/30/C.R. 18/M-1, dated 24th July, 2013

In exercise of the powers conferred by sub-clause (g) of clause (2) and proviso to clause (3) of section 69 of the Maharashtra Stamp Act (LX of 1958), the Government of Maharashtra being satisfied that, circumstances exist to take immediate action and to dispense with the condition of previous publication of these rules, hereby prescribes following rules for payment of stamp duty and refund thereof, by e-payment:

1. Online payment of stamp duty, registration fees and other charges

The stamp duty required to be paid under the Act, registration fees required to be paid under the Registration Act, 1908 and other charges may be paid online into the Virtual Treasury through Government Revenue and Accounting System (GRAS)

2. Mode of obtaining and using Simple Receipt

1. Stamp duty payer may obtain a Simple receipt by paying the required Stamp Duty or registration fees and other charges to the Virtual Treasury through the authorised participating bank, either online or at the participating bank counter.
2. A simple receipt obtained as above shall only be used in respect of the instruments which are to be compulsorily registered under the Registration Act, 1908.
3. A simple receipt containing the “Challan Identification Number (CIN)” issued by the authorised participating bank, the “Government Reference Number (GRN)” issued by the Government Virtual Treasury and the reconciled data regarding the amount paid relating to it together shall be treated as sole proof of payment of Stamp Duty or Registration Fee and other charges.

   Explanation — No receipt of e-payment shall be treated as a valid proof of payment, unless the details of instrument for which it applies, tally overall with the details provided by the payer while making payment.

4. The date of generation of the “Challan Identification Number (CIN)” or the date of generation of the “Government Reference Number (GRN)” whichever is later, shall be treated as the date of purchase of stamps, for the purpose of these rules and for all other purposes referred to in Act.
5. The simple receipt generated by the stamp duty payer shall, be signed by himself in token of its authentication. Similarly, the simple receipt generated by the authorised, participating bank shall be signed by the officer or officers of the banks as provided in these rules.
6. The holder of the simple receipt mentioned in clause (e) shall get it defaced from the Registering Officer with whom the instrument is to be registered or from the Collector if related with the payment of stamp duty in accordance with relevant sections of the said Act, within six months from the date of purchase of stamps.
7. No simple receipt shall be treated as valid unless it is defaced by the registering officer or any other officer authorised to do so within a period of six months from the date of purchase of stamps.
8. The Registering Officer or the Collector as the case may be, on receiving the simple receipt shall deface it and attach the defacement e-challan duly signed by him, to the instrument:

   Provided that, as and when the defacement of the simple receipt is done automatically by the Stamp and Registration Information Technology Administration (SARITA) system, an endorsement of defacement would be sufficient.

9. The simple receipt as far as possible should be printed on the first page of the instrument and if it is not possible to print on the first page then it should be affixed on the first page of the instrument. In case of multiple receipts, either they may be printed serially date-wise on the front pages or similarly affixed on the top of the instrument, the defaced e-challan shall be affixed on the backside of the page where the simple receipt has been affixed or printed as the case may be :

   Provided that, if there is no space to affix the defaced e-challan as provided above, then in that case, it should be annexed at the end of the instrument.

10. The simple receipt and the defaced e-challan or endorsement of defacement shall always be treated as the part of instrument and in absence of it, the instrument shall not be treated as duly stamped

3. e-SBTR issued by the authorised participating bank, can be used as a impressed stamp under the said Act, for instruments which are compulsory or optional to be registered under the Registration Act, 1908. Along with Stamp Duty, Registration Fee and other charges may also be paid. However no e-SBTR shall be used when there is no payment of stamp duty.

4. Mode of obtaining and using e-SBTR

1. Anyone requiring an e-SBTR, may directly through the authorised participating bank through online facility or through the authorised participating bank counter pay the stamp duty to the Government Virtual Treasury.
2. On payment of stamp duty as provided in clause (a), the e-SBTR for the actual amount paid shall be issued by the authorised participating bank through which the payment has been made, to the Virtual Treasury.
3. It shall be the responsibility of the stamp duty payer to collect and use the e-SBTR from the bank at the earliest and in any case, within the period of six months from the date of payment made in the Virtual Treasury.
4. An e-SBTR obtained on payment of Stamp Duty, Registration Fee and other charges online containing the “Challan Identification Number (CIN)” issued by the authorised participating bank, the “Government Reference Number (GRN)” issued by the Virtual Treasury and the reconciled data regarding the amount paid relating to that “Government Reference Number (GRN)” kept by Virtual Treasury together shall be treated as sole proof of payment of Stamp Duty, Registration Fee and other charges.

   Explanation.— No receipt of e-payment shall be treated as a valid proof of payment towards Stamp Duty Registration Fee and other charges unless the details of the instrument for which it applies, tally overall with the details provided by the payer while making payment.

5. Any delay by the stamp duty payer in collection of the e-SBTR shall not be considered for extending the period for its use or otherwise.
6. Only the authorised participating bank shall issue e-SBTR.
7. The procedure for the authorised participating bank receiving amount from the payer generating “Challan Identification Number (CIN)” getting “Government Reference Number (GRN)” from GRAS and crediting the amount to the account of Virtual Treasury will be decided by Virtual Treasury.
8. On having the “Challan Identification Number (CIN)” and the “Government Reference Number (GRN)”, the authorised participating bank shall issue a e-SBTR on the Government pre-printed secure stationery to the stamp duty payer, which shall consist of the details of Stamp Duty, registration fees and other charges if any and also the “Challan Identification Number (CIN)”, and the “Government Reference Number (GRN)”.
9. The date of generation of the “Challan Identification Number (CIN)” or the date of generation of the Government Reference Number printed on e-SBTR, whichever is later, shall be treated as the date of purchase of stamps, for the purpose of these rules and for all other purposes referred to in the Act.
10. The e-SBTR shall always be attached on the top of the instrument, for which the stamp duty is being paid.
11. The e-SBTR shall have the status of impressed stamp and all the prevalent provisions of the Act and the rules framed thereunder, for the use of impressed stamps shall be applicable to e-SBTR also.
12. The Registering Officer or, as the case may be the Collector on coming across the instrument where the stamp duty has been paid by means of e-SBTR while performing his duties, shall deface the e-SBTR and if possible, the defacement voucher shall be affixed on the backside of the e-SBTR:

    Provided that if there is no space to affix the defacement voucher as provided above, then in that case defacement voucher can be annexed at the end of the instruments:

    Provided further that as and when the defacement voucher of e-SBTR is done automatically by the Stamp and Registration Information Technology Administration (SARITA) system an endorsement of defacement would be sufficient.

5. Refund

1. The procedure for refund of stamp duty to be adopted by the Collector against Simple receipt or e-SBTR shall be the same as applicable in case of the impressed stamp under the Act.
2. The procedure for preparing refund bill shall be as specified by the Finance Department and Directorate of Treasury, from time-to-time.
3. The deductions to be made for granting the refund under clause (a) shall be, one per cent of the value of stamp refunded with the minimum of rupees two hundred and maximum of rupees one thousand:

   Provided that, there shall be no deduction on refund of wrong or excess amount credited to the Government by the authorised participating banker if so certified by Virtual Treasury Office.