Considering number of documents remained unstamped in the state of Maharashtra, the government with a aim to regularize the same and to collect the revenue on such documents has announced the Stamp Duty Amnesty Scheme 2023 on 7th December, 2023 (hereafter referred to as “the Notification”). This notification outlines the specific percentage of waivers applicable to deficit stamp duty payable and associated penalties under the recently established Mudrank Shulk Abhay Yojana (the “Scheme”) based on the date of the execution of the instruments (Schedule 1 and 2) and the date for applying under the scheme (Phase 1 and 2). Thus, the Scheme aims to incentivize individuals to settle outstanding stamp duty dues by offering significant reductions in penalty fees incurred due to delayed payments. This initiative aims to improve compliance and bolster revenue collection. The Notification specifies that instruments executed during January 1, 1980, and December 31, 2000, fall within Schedule-I of the Scheme and the instruments executed January 1, 2001, and December 31, 2020, fall within Schedule-II. The Schedules specify the extent of Stamp Duty waiver.

Phase 1 (Applications filed during 1st December, 2023 to 31st January, 2024):

The Notification specifies that the applications filed on online followed by physical delivery of the instruments with necessary proofs during December 1, 2023 and January 31, 2024 shall be considered as Phase 1 of the Scheme.

Phase 2: (Applications filed during 1st February, 2024 and 31st March, 2024):

The Notification specifies that the applications filed on online followed by physical delivery of the instruments during 1st February, 2024 and March 31, 2024 shall be considered as Phase 2 of the Scheme.

Waiver of deficit stamp duty and the penalties is based on the date of the execution of the instruments ( Schedule 1 and Schedule 2) and the phase 1 or 2 during which applications are filed online and physical under the scheme.

If Instrument is executed during 1st Jan 1980 – 31st Dec 2000 (Schedule – I)

A) Application for Amnesty filed in Phase I: From 1st December 2023 to 31st January 2024

The documents executed during 1st January, 1980 to 31st December, 2000 (schedule 1 documents) and are filed during the phase-1 period ie. From 1st December, 2023 to 31st January, 2024 under the scheme, the applicant will get the following benefits:

1. If the deficit stamp duty liability is upto Rs.1,00,000/-, then full stamp duty (100%) and full penalty (100%) will be waived. The Collector of stamps will certify that the document has been submitted under the Amnesty scheme and accordingly, the same is regularized without any demand of stamp duty and penalties.

2. If the stamp duty liability exceeds Rs.1,00,000, then half liability (50%) of stamp duty and full penalty (100% will be waived. Once the demand notice is received, the applicant is required to make the payment within 7 days of receipt of the demand notice. Thereafter, the collector of stamps will certify that the document is regularized under the scheme. In case, the payment is not made within 7 days of receipt of the demand notice, the benefit under the scheme will be lost and the collector will then issue revised demand notice with 100% stamp duty and 100% penalties to be paid to the government. Till the amount is not paid the original documents will not be handed over to the applicant. No withdrawals will be allowed.

If Instrument is executed during 1st Jan 2001 – 31st Dec 2020 (Schedule – II)

A) Application for Amnesty filed in Phase I: From 1st December 2023 to 31st January 2024

1. The instruments executed during 1st January, 2001 to 31st December, 2020 (schedule II documents) and are filed online and physical with necessary proofs during the phase-1 period ie. From 1st December, 2023 to 31st January, 2024 under the scheme, the applicants will get the following benefits:

2. If the deficit stamp duty liability is upto– Rs. 25,00,00,000 (25 Crores)then 25% of the stamp duty liabilities will be waived and 75% of the stamp duty liability has to be paid. If the penalty is less than Rs.25,00,000/- (Rs. Twenty five Lakhs), then 90% of the penalties will be waived and only 10% penalty will have to be paid.

3. If the deficit stamp duty liability is upto– Rs. 25,00,00,000 (25 Crores) and the penalty is more than Rs. 25,00,000/- ( more than Rupees twenty five lakhs), then penalty of Rs.25,00,000/- (Rupees Twenty Five lakhs) has to be paid and the rest of the penalties will be waived.

4. If the deficit stamp duty liability is exceeds Rs. 25,00,00,000 (exceeds Rs Twenty five Crores), then 20% of the stamp duty liabilities will be waived and 80% of the stamp duty liability has to be paid. In this case, penalty of Rs.1,00,00,000/- ( Rupees one crores) need to be paid and the rest of the penalties will be waived.

5. In all the above cases, the collector of stamps shall do the working of the stamp duty and the penalties that needs to be paid based on the date of the documents and the date of submission under the scheme. Accordingly, issue the demand notice. Once the demand notice is received, the applicant is required to make the payment within 7 days of receipt of the demand notice. Thereafter, the collector of stamps will certify that the document is regularized under the scheme. In case, the payment is not made within 7 days of receipt of the demand notice, the benefit under the scheme will be lost and the collector will then issue revised demand notice with 100% stamp duty and 100% penalties to be paid to the government. Till the amount is not paid the original documents will not be handed over to the applicant. No withdrawals will be allowed.

6. Phase 2 Wavier of Stamp duty and Penalties (For Schedule 1 documents)

If Instrument is executed during 1st Jan 1980 – 31st Dec 2000 (Schedule – I)

A) Application for Amnesty filed in Phase II: From 1st February 2024 to 31st March 2024

The instruments executed during 1st January, 1980 to 31st December, 2000 (schedule 1 documents) and are filed online and physical with necessary proofs during the phase-2 period ie. From 1st February, 2024 to 31st March, 2024 under the scheme, the applicants will get the following benefits:

1. If the deficit stamp duty liability is upto Rs.1,00,000/-, then 80% of the stamp duty will be waived and 20% of the stamp duty is payable and 80% penalties will be waived and balance 20% penalties will have to be paid. After the payment is made, the Collector of stamps will certify that the document has been submitted under the Amnesty scheme and accordingly, the same is regularized by payment of stamp duty and penalties.

2. If the stamp duty liability exceeds Rs.1,00,000, then 40% of stamp duty will be waived and 60% stamp duty will have to be paid. Similarly 70% of the penalties will be waived and 30% of the penalties will have to be paid.

3. In all the above cases, the collector of stamps shall do the working of the stamp duty and the penalties that needs to be paid based on the date of the documents and the date of submission under the scheme. Accordingly, issue the demand notice. Once the demand notice is received, the applicant is required to make the payment within 7 days of receipt of the demand notice. Thereafter, the collector of stamps will certify that the document is regularized under the scheme. In case, the payment is not made within 7 days of receipt of the demand notice, the benefit under the scheme will be lost and the collector will then issue revised demand notice with 100% stamp duty and 100% penalties to be paid to the government. Till the amount is not paid the original documents will not be handed over to the applicant. No withdrawals will be allowed

7. Phase 2 Wavier of Stamp duty and Penalties (For Schedule II documents) :

If Instrument is executed during 1st Jan 2001 – 31st Dec 2020 (Schedule – II)

A) Application for Amnesty filed in Phase II: From 1st February 2024 to 31st March 2024

1. The instruments executed during 1st January, 2001 to 31st December, 2020 (schedule II documents) and are filed online and physical with necessary proofs during the phase-2 period ie. From 1st February,2024 to 31st March, 2024 under the scheme, the applicants will get the following benefits:

2. If the deficit stamp duty liability is upto– Rs. 25,00,00,000 (25 Crores)then 20% of the stamp duty liabilities will be waived and 80% of the stamp duty liability has to be paid. If the penalty is less than Rs.50,00,000/- (Rs. Fifty Lakhs), then 80% of the penalties will be waived and only 20% penalty will have to be paid.

3. If the deficit stamp duty liability is upto Rs. 25,00,00,000 (25 Crores) and the penalty is more than Rs. 50,00,000/- ( more than Rupees fifty lakhs), then penalty of Rs.50,00,000/- (Rupees fifty lakhs) has to be paid and the rest of the penalties will be waived.

4. If the deficit stamp duty liability is exceeds Rs. 25,00,00,000 (exceeds Rs Twenty five Crores), then 90% of the stamp duty liabilities will be waived and 80% of the stamp duty liability has to be paid. In this case, penalty of Rs.2,00,00,000/- ( Rupees two crores) need to be paid and the rest of the penalties will be waived.

5. In all the above cases, the collector of stamps shall do the working of the stamp duty and the penalties that needs to be paid based on the date of the documents and the date of submission under the scheme. Accordingly, issue the demand notice. Once the demand notice is received, the applicant is required to make the payment within 7 days of receipt of the demand notice. Thereafter, the collector of stamps will certify that the document is regularized under the scheme. In case, the payment is not made within 7 days of receipt of the demand notice, the benefit under the scheme will be lost and the collector will then issue revised demand notice with 100% stamp duty and 100% penalties to be paid to the government. Till the amount is not paid the original documents will not be handed over to the applicant. No withdrawals will be allowed.

8. Steps to Apply For Maha Stamp Duty Abhay Scheme From 2023

• Visit Abhay Yojana Official Website i.e. https://igrmaharashtra.gov.in/Home and https://mahagst.gov.in/.

• From the Home Page Click on Abhay Yojana 2023 Latest Update.

• Here Click on the Maharashtra Stamp Duty Abhay Scheme Form 2023 PDF Link.

• In the new tab, the Form will open.

• Fill in all the Details Asked.

• Attach Documents Asked.

• Now Submit Online or Visit the Office Department.

• In this way, One Can Submit Stamp Duty Abhay Yojana From 2023.

9. Maharashtra Collector Stamp District Wise/ Taluka wise:

This is available on www.igrmaharashtra.gov.in website. The notifications, procedure followed and the application form, online application etc are available on this website.

B. PROCEDURE FOR ACCEPTANCE AND DISPOSAL UNDER THE STAMP DUTY AMNESTY SCHEME 2023.

(1) Inspector General of Registration and Chief Control Revenue Authority (IGR) of Maharashtra State has prescribed the procedure to be followed in the case of acceptance and disposal of the applications under the Stamp Duty Amnesty Scheme on 11th December, 2023 and corrigendum on 13th December, 2023.

C. SALE OF FLATS IN SRA BUILDING IS PERMITTED AFTER 5 YEARS OF ALLOTMENT AGAINST EARLIER LOCK IN PERIOD OF 10 YEARS.

A bill is introduced in the Assembly known as “Maharashtra Slum Areas (Improvement, Clearance and Development) (Second Amendment) Act, 2023 to amend the section 3E in sub-section (1) for the words “ten years” at both the places where they occur , the words “ five years” shall be substituted.