A Notification
vide No. G.S.R. 716(E). dated 23.09.2011 was
issued, in view of the order of the Hon’ble High Court of Delhi dtd.
21.04.2011 in the matter of M/s. S.E. Investment Limited Vs Union Of
India and Others {W.P. (c) 2393/2010 and CM Appl. 4794/2011}, the
Hon’ble Court had inter alia held that there is no provision in Delhi
Stamp Act for payment of stamp duty on “Increased authorized share
capital”.
Therefore, the payment of stamp duty payable on increase of
authorized capital being paid with filing of form no.5 with respect to
State of National Capital territory of Delhi was made
optional
Now the Hon’ble High
Court of Delhi at New Delhi vide order dated 18.10.2011 has stayed the
impugned order. In view of the stay it is advisable to make the payment
of stamp duty on filing of form 5 for increase in authorized capital
with respect to state of National Capital territory of Delhi.
.