5.3 A person may be liable to a severe term of imprisonment of up to 6 months (minimum 1 month) and a fine of up to 5,000 if it is shown that the instrument was undervalued or that a brief payment of tax was made for the purpose of evading the obligation. Apart from the Indian Stamp Act, many states have their own legislation with stamp duty. Most state-specific stamp laws also do not specifically contain electronic records within their scope, but some state stamp tax laws refer to electronic records. For example, section 2(l) of the Maharashtra Stamp Act, 1958, which defines the instrument, refers specifically to electronic records. It states: 2. The assignment of copyright is exempt from stamp duty. This is an example of a stamp on a regular contract or transfer transaction (including UTI) that indicates the fields to be filled in. Any person who, other than as a witness, executes or signs instruments that are not properly stamped, but which have been the subject of stamp duty, may be held liable for fines. In the event of deliberate circumvention of stamp duty, criminal liability may also be levied. Same duty as for promotion. In case of donation to a spouse, brother, sister, lineal or descendant @ ₹ 10 for each ₹ 500 or to a part (about 2%) of the market value Same tax as for the transfer to the amount guaranteed by the deed Same obligation as on a transfer, but on the market value of the property that has the highest value There are some of the e-agreements like click-Wrap agreements, whose execution is not by the client. Click-Wrap agreements are agreements in which the customer accepts the terms of the contract by clicking „OK“ or „I agree“ or other similar conditions. In the case of such electronic agreements, even if the contract can be performed by the author (through attribution), there is no signature of the customer, which means that such a contract is not performed.
Since enforcement does not take place, it is not necessary to affix such agreements. However, it can be inferred from a different notice that such click-Wrap agreements are subject to an acknowledgment of receipt of the electronic registration by the customer. Such an „acknowledgment of receipt“ of the electronic registration u/s 12 of the Data Protection Act may be considered by the customer as an „execution“ . However, there are no clear provisions in the Stamp Act regarding the eligibility of stamp duty for Click-Wrap agreements. Even if you don`t need to enter proof of non-delivery into OSR Online or create a transaction number for them, you may still need to stamp them for other purposes (e.g.B. lawsuit). If you stamp them, write down your customer number, enter „NDT“ as customs paid and date and sign the stamp. Write down the transaction in your manual ledger. According to the above provision, two things are generally necessary for the ability to charge stamp duty: this clearly shows that the Maharashtra Stamp Act also levies stamp duty on electronic agreements.
This justifies that electronic agreements also fall within the scope of the Stamps Act and must therefore be stamped. Is it therefore legally acceptable in court for us to reissue the document by paying stamp duty at a later date? If you need new or replacement tampons, you should have one made up for at your own expense.. . . .