The legislative power to modify or levy stamp duty is decided by both the State and the central government. This classification can be understood by examining the seventh list of our Constitution, which inscribes the central, national and simultaneous list. An agreement having the character of a BTA falls directly within the scope of Paragraph 5(h)(A) of the BS Act. Despite the general nature of the description set out in Article 5(h)(A), the BS Act maintained a residual provision under Article 5(h)(B), which imposes a stamp duty of INR Hundred (100) only for agreements which are not otherwise provided. Since Article 5(h)(A) describes the act in more detail, a BTA carried out in the State of Maharashtra must be duly affixed in accordance with Article 5(h)(A) and not Article 5(h)(b). Section 40 of the West Bengal Stamp Act states that mortgage stamp duty, which is not an agreement related to section 6 of the Karnataka Stamp Act, establishes stamp duty on the fair mortgage. In any other case, the stamp duty to be paid is one hundred rupees (Rs.100 /-). The most common method of paying stamp duty in Karnataka is by stamp sellers. Sellers authorized to sell stamp papers levy the tax that an instrument implies.

Otherwise, you can pay stamp duty to the banks that have the right to sell it. Section 54 of Schedule 1A of the West Bengal Stamp Act provides that the stamp duty in case of return of the mortgaged property is 6% of the market value if the consideration is 1,000/- in areas covered by the Kolkata Improvement Act, 1911 or the Howrah Improvement Act 1956, or does not exceed other municipal enterprises. However, if the real estate is not located in local authorities, the stamp duty is 5% (5%) of the market value. Therefore, under The Is Act, a BTA that does not demonstrate a transfer of ownership is duly qualified as an agreement under Article 5(c), which requires the execution of the deed of transfer on or before the closing date. While the execution of a transfer instrument is strictly necessary to justify ownership and ownership for the purpose of real estate affirmation, the transfer of ownership of movable property may be effected by surrender of that asset. In the event that the BTA registers the transfer of movable and immovable property without the need to execute an act of transfer, the BTA shall be interpreted as a transfer and stamp right in accordance with Article 23, which may be levied on that instrument. . .

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