Waiver of Stamp duty in case of increase in Authorized share Capital in Delhi

Companies (Central Governement’s) General Rules and Forms(Amendment) Rules 2011

CLR Note: The Hon’ble High Court of Delhi has held in the matter of SE Investments Limited Vs Union of India and Others [ W.P. (c) 2393/2010 and CM Appl. 4794/2011) that there is no provision in the Delhi Stamp Act for payment of stamp duty on “increased authorised capital”.

Therefore, payment of stamp duty for increase of authorised capital being paid with filing of Form No. 5 with respect to State of National Capital Territory of Delhi has been made optional.

The revised Form 5 and the judgement of the Delhi High Court is atatched with this circular.

Notification; GOI; MCA; Dated 23.9.2011

G.S.R_______ (E). – In exercise of the powers conferred by sub- section (1) of section 642 read with section 610B of the Companies Act. 1956 (1 of 1956), the Central Government hereby makes the following rules further to amend the Companies (Central Governement’s) General Rules and Forms, 1956, namely:-

1.   (1) These rules may be called the Companies (Central Governement’s) General Rules and Forms(Amendment) Rules 2011.

(2) These rules shall come into force with effect from the 25th September, 2011.

2. In the Companies (Central Governement’s) General Rules and Forms, 1956 for Form 5, the following Form shall be substituted, namely:- ( Form 5 is attached below)

 

Renuka Kumar

Joint Secretary

 

 

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