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Stamp Duty Amnesty Scheme 2023: Maharashtra Cabinet Approval
The Maharashtra cabinet has made a significant decision to implement the Stamp Duty Amnesty Scheme 2023 (Abhay Yojana 2023) , offering a window of relief for citizens grappling with stamp duty-related issues. This initiative aims to boost revenue while providing exemptions on stamp duty and penalties for deeds executed between 1980 and 2020. Let’s delve into the details of this noteworthy scheme that is set to unfold in two phases.
Stamp Duty Abhay Yojana 2023 Maharashtra
Phases of Implementation
The Stamp Duty Amnesty Scheme 2023 will be rolled out in two phases:
- December 1–2023 to January 31–2024
- February 1–2024 to March 31–2024
The government, under the Abhay Scheme, will provide a complete exemption on stamp duty and penalties for deeds executed between January 1, 1980, and December 31, 2020, that were not filed or registered during this period.
Abhay Yojana 2023: Impact on Citizens
Beneficiaries of the Amnesty Scheme 2023
This scheme is poised to benefit citizens and housing societies, particularly in the regularization of documents and facilitation of Deemed Conveyance.
Housing Societies’ Advantage
Housing societies can leverage the Stamp Duty Amnesty Scheme to:
- Obtain benefits related to Deemed Conveyance.
- Regularize documents that were not sufficiently stamped.
Relief from Penalties
The scheme is a welcome relief for citizens facing penalties that could go up to 400% on documents, either registered or unregistered.
Concession on Penalty
While the government’s announcement suggests a complete waiver of both stamp duty fees and penalties, some speculate that a concession on penalty amounts rather than a total exemption may be offered.
Operational Details of Amnesty Scheme
The first phase of the scheme will commence from December 1, 2023, to January 31, 2024, followed by the second phase from February 1, 2024, to March 31, 2024. The specifics of each phase are yet to be disclosed.
The amnesty scheme aims to exempt not only the stamp duty fees but also the penalty amounts incurred due to deferred payments for both registered and unregistered documents.
Decision on Land Allotment
In addition to the stamp duty amnesty scheme, the cabinet also decided to allot 203 hectares of Agricultural Corporation Land in Ahmednagar district for a new industrial estate. A decision on whether to transfer the land to Maharashtra Industrial Development Corporation (MIDC) free of charge or to charge the entire transfer amount will be made by the Revenue Minister, Industries Minister, and the Chief Secretary.
Background and Necessity
Unraveling Stamp Duty Disputes
The need for the amnesty scheme arises from numerous agreements for sale, conveyance deeds, and other documents that are not adequately stamped as per the Maharashtra Stamp Act, 1958.
As per section 34 of the Maharashtra Stamp Act, documents with insufficient stamp duty are not considered evidence in a court of law, creating legal complications. To address these issues, the Stamp Duty Amnesty Scheme 2023 provides a mechanism to regularize documents by paying the deficit stamp duty and associated penalties.
Revenue Collection and Relief
The scheme serves a dual purpose – facilitating revenue collection on improperly stamped documents and providing relief to citizens burdened by penalties.
Pending Cases Resolution
The state faces around 2.32 lakh cases of stamp duty disputes on registered properties, dating back to the 1980s, with a disputed amount of approximately Rs 1,000 crore and a penalty of Rs 1,800 crore. The amnesty scheme is expected to expedite recovery and resolve these pending cases.
The Stamp Duty Amnesty Scheme 2023 in Maharashtra emerges as a crucial step towards easing the financial burden on citizens and housing societies. As the government strives to boost revenue, this initiative aligns with the broader goal of fostering economic growth and ensuring a more inclusive and compliant real estate ecosystem. The phased implementation allows for a structured approach, and citizens stand to benefit from the exemptions and concessions outlined in the scheme. As Maharashtra progresses with these measures, stakeholders will closely monitor the impact on revenue, legal compliance, and the overall ease of doing property transactions in the state.
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