DRAFT INDIAN STAMPS BILL, 2023 - GOVERNANCE

News: Govt proposes repealing Indian Stamp Act, seeks public input on draft Bill

 

What's in the news?

       The Department of Revenue, Ministry of Finance has prepared a draft ‘Indian Stamp Bill, 2023’ to repeal the Indian Stamp Act, 1899 for the stamp duty regime in the country.

 

Key takeaways:

       The stamp law aims to prevent tax evasion by making documentation of transactions mandatory for legal validity and enforceability.

 

Indian Stamp Act, 1899:

Objective:

       It lays down the legal provisions for tax levied in the form of stamps on instruments recording transactions.

       It covers Stamp duties on instruments specified in Entry 91 of the Union List.

 

Need for Reforms:

1. Old Laws:

       The Indian Stamp Act 1899 is an old fiscal law governing taxes levied via stamps on transaction instruments. It predates the Constitution.

       The Law Commission in its 67th report submitted in 1976 made extensive recommendations for reforms.

2. Proposed Changes to Boost Ease:

       Proposed legislative changes in the new Indian Stamp Bill will likely ease payment modes and access.

       Introduction of consolidated duty slabs across states could provide uniformity. Digital property registration may also facilitate convenience.

3. Curbing Duty Avoidance Tactics:

       The Bill may curb tactics used to avoid duty like undervaluing property sales.

       It could mandate links between sale prices and circle rates to prevent under-reporting. Strong anti-evasion measures will safeguard revenue.

4. Bolstering the Digital Economy:

       An updated all-digital stamp duty system will propel India’s digital economy.

       Electronic documentation and registration via a single portal or platform will enhance transparency and efficiency.

 

Key Highlights of Draft ‘Indian Stamp Bill, 2023:

1. E-stamping:

       The new law will equip India for a seamless digital era as it has a provision of e-stamping digitally.

2. Definition:

       The draft Indian Stamp Bill defines an electronic stamp or e-stamp as an electronically generated impression denoting the payment of stamp duty by electronic means or otherwise.

 

Stamp Duties:

       Stamp duties are collected by states per the Constitution despite imposition by the Central Government.

 

Levied by:

       Stamp duties are levied by the central government, but within the states are collected and appropriated by the concerned states in terms of provisions of Article 268 of the Constitution.

 

Union List:

       The Stamp duties on documents specified in Entry 91 of the Union List of the Seventh Schedule (viz. Bills of Exchange, cheques, promissory notes, bills of lading, letters of credit, policies of insurance, transfer of shares, debentures, proxies and receipts) are levied by the Union.

 

State List:

       Stamp duties on documents other than those mentioned above are levied and collected by the States by virtue of the legislative Entry 63 of the State List of the Seventh Schedule of the Constitution.