Provisions, Applicability and Recent Amendments to the Maharashtra Stamp Act, 1958

Abstract

This paper deals with the Maharashtra Stamp Act, 1958 and the recent amendments related to the same. Stamp Duty is an important part of Land Law and the relevant provisions, application and relevant judgments of the same are discussed in the paper. Stamp duty is charges by the government levied on documents or instruments which have certain transactional nature which forms a part of the government exchequer. It is required to pay the adequate stamp duty as regards to the Maharashtra Stamp Act, which mentions the rate of stamp duty applicable on specific instruments such as transfer, agreement, conveyance, etc. Recent cases of stamp duty evasion have been rising in the State of Maharashtra which has led to certain amendments in the Maharashtra Stamp Act, 1958 which has also been discussed herein. The author has taken up the case law of Trustees of H.C. Dhanda Trust v. State of Madhya Pradesh and Ors of 2020, to analyze one such case of stamp duty evasion and has commented upon the judgment delivered therein. This paper duly encompasses all aspects of stamp duty in consonance with the Maharashtra Stamp Act, 1958 and discusses the measures which could bring about more clarity upon the current laws of stamp duty and consequence of evasion, in accordance with the stamp duty law in the state of Maharashtra.