The Maharashtra Stamp Act, 1958 provides for levy and collection of Stamp Duty on instruments mentioned in Schedule I. Article 29 of Schedule I mentions ”Delivery Orders” and provides for imposition of stamp duty on such delivery orders at the rate specified therein. Recently, as many as 132 petitions were filed before Hon’ble Bombay High Court challenging the imposition, levy and collection of Stamp Duty by the State of Maharashtra on Delivery Orders under Article 29. The challenge was raised with reference to levy of Stamp Duty on Delivery Orders issued for import transactions.
The legislative competence of the State was questioned on the ground that the constitutional scheme confers exclusive legislative competence on the Union of India in respect of import and export across customs frontiers and the State has breached the said legislative field.
The Hon’ble Bombay High Court dismissed all the petitions and held that the levy of stamp duty on Delivery Orders is constitutionally valid. The High Court also upheld the levy of stamp duty on Delivery Orders in question. The said judgement is likely to have wide ramifications on all importers across the State.
Keeping in mind the above, Lakshmikumaran & Sridharan Attorneys (LKS) is pleased to organize a webinar specially for importers in Maharashtra to provide insights into the implications of the above referred judgement.
The webinar will inter alia cover:
- Validity of argument regarding the constitutional validity of levy of Stamp Duty on Delivery Orders
- What is a Delivery Order?
- What is a scope of Article 29 of The Maharashtra Stamp Act, 1958
- Whether the document named as delivery order is chargeable to duty under Article 29?
- The way forward after the judgement of Hon’ble High Court
The panel of speakers will be led by:
Mr. V. Sridharan
Co- Founder, LKS and Senior Advocate, Bombay High Court