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Stamp Duty
129. This Government has already brought down the rates on
stamp duty and transfer duty for conveyance of properties based on the
recommendations of the Tax Reforms and Revenue Augmentation Commission headed by
Dr.Raja J.Chelliah. This has been widely welcomed. This Commission has also
recommended simplification and reduction of rates in respect of several other
instruments in order to facilitate better compliance and easier transactions. We
have examined these recommendations in detail. We propose to introduce the
following measures.
130. At present property transactions within the family take
place through the following instruments, namely, Settlement, Release, Partition,
Dissolution of partnership. In respect of Settlement and Release between family
members, the stamp duty is charged at 4% on the value set forth in the document.
In the case of partition, the stamp duty is 2%. In the case of partition on the
dissolution of partnership, the stamp duty is 3% on the market value of the
separated share. In addition, the registration fee in each case is 1% without
any ceiling. The Commission headed by Dr.Raja J.Chelliah has recommended the
reduction of the stamp duty rate to 1% subject to a ceiling of Rs.2 lakhs. Based
on these recommendations, we have decided to make certain changes. I am glad to
announce that the stamp duty on all these instruments will be reduced to 1% on
the market value of the property subject to a ceiling of Rs. 10,000. The
registration fee will be 1% with a ceiling of Rs. 2000. In the case of
partition, the ceiling will be applicable to each share. In case of partition
involving agricultural lands, the present concessional rates will continue.
131. Mortgage is widely used as an instrument for advancing
and availing of loans. Most of the financial institutions and commercial banks
resort to mortgage for securing their loans. We have decided to thoroughly
simplify the process in order to facilitate such transactions. The Commercial
Banks have also requested the simplification of the levy of stamp duty and
registration charges. It is therefore proposed to reduce the stamp duty on
simple mortgage without possession from 4% to 1% with a ceiling of Rs.20,000.
The registration fee will be 1% subject to a maximum of Rs.5000.
132. In the case of mortgage deed with possession, it is
proposed to reduce the stamp duty from the existing rate of 6% on the loan
amount to 3% on the loan amount. The transfer duty will be reduced from the
present rate of 2% on the loan amount to 1% on the loan amount. The total rate
will thus be 4% on the loan amount. The registration charges will continue to be
at 1% of the loan amount subject to a maximum of Rs. 2 lakhs.
133. Another important instrument of transaction with the
financial institutions is the deposit of title deeds. In order to encourage the
proper registration of these transactions, we propose to include Note or
Memorandum or any other instrument to be also dealt with as deposit of title
deeds. The present rate is 0.5% stamp duty and 1% registration fee on the loan
amount. The present rate will be continued. However a ceiling of Rs.5000/- for
stamp duty and Rs.1000/- for registration fee will be introduced. This will
enable registration of these documents quite easily.
134. Lease is another widely used instrument. A duly stamped
and registered document will be of great help in making the transaction clear
and transparent. The existing system is very complex with many slabs. It is
proposed to rationalize the duty structure as follows. This will be on the total
rent and premium or fine or advance, if any, payable.
|
Period of lease |
Proposed rate |
|
Below 30 years |
1% |
|
Between 31 years and 99 years |
4% |
|
100 years and above |
8% |
The registration fee will be a common rate of 1% of the total
rent and premium or fine or advance, if any, payable subject to a maximum of
Rs.5000/-.
135. Another popular instrument is the Power of Attorney for
Consideration. The existing rate of 6% stamp duty is high and because of this
Power of Attorney is not generally registered. Consequently, this can be misused
causing hardship to gullible buyers. This can be corrected by buyers insisting
on registered Power of Attorneys. To facilitate this, it is proposed to bring
down the rate from 6% to 4% as recommended by the Tax Reforms and Revenue
Augmentation Commission. The registration fee will continue to be at 1%.
136. Hon'ble Members of the House may recall that the Patta
Pass Book scheme has been introduced in 9 districts. One of the conditions is
that the Patta Pass Book has to be produced if documents have to be registered.
This has caused some hardship. We have now introduced a new system of
computerization of taluk offices through which it is possible to give the
requisite chitta extracts on an updated basis. Hence there is no more any need
to insist that the Patta Pass Book be produced at the time of registration. This
condition will therefore be relaxed. This will greatly benefit farmers in
getting their documents registered.
137. All the changes that I have proposed, except those
requiring amendments to the relevant Sections of various enactments, will take
effect from the date of issue of notification under the Indian Stamp Act, 1899
and the Registration Act. 1908 and various Local Bodies Acts.
Overall Fiscal Position
138. I have outlined several measures for the benefit of the
public in my proposals on taxes. Hon'ble Members of the House will note that
this is a tax-free Budget and in fact on the orders of the Hon'ble Chief
Minister, this Government has proposed several concessions. Even though we have
to consolidate the fiscal situation further, this Government has decided to
extend these concessions to benefit the public and improve the investment
climate. I am sure the Hon'ble Members of the House will greatly welcome the
measures that I have just announced.
139. The revenue loss to Government on account of waiver of
land revenue, abolition of Agricultural Income Tax, and other concessions to
benefit the public is estimated to be about Rs. 140 crores. This will be bridged
by stepping up collection of revenue arrears and control of non-productive
expenditure. Consequently, the final closing deficit in 2004-2005 will remain at
Rs. 590.47 crores. We expect to tackle this by proper cash management and by
greater resource flows from the Union Government.
140. The road map for the future has been spelt out in the
Medium Term Fiscal Plan, which is set out in the Annexure to the Budget speech.
This may be taken as read as part of the budget speech. The effort of this
Government will be to consolidate the good progress already made in achieving
fiscal balance. The process of fiscal adjustment has been quite complex. Hon'ble
Members of the House will be glad to know that the measures we have already
taken will provide the framework for further progress towards the goals we have
outlined in the Medium Term Fiscal Plan.
141. I have outlined at length the plans and programmes of
this Government to be implemented in the coming financial year 2004-2005 based
on the rapid strides that we have made in 2003-2004. Some States which started
on an economic reform programme much earlier have had the benefit of substantial
assistance from various institutions. In Tamil Nadu, it is solely due to the
untiring and dedicated hard work of the Hon'ble Chief Minister Puratchi Thalaivi
J Jayalalithaa that we have covered so much ground on the road to growth and
prosperity in so short a time with virtually no assistance. Had it not been for
the unwavering and totally dedicated work of the Hon'ble Chief Minister Puratchi
Thalaivi J Jayalalithaa,
Tamil Nadu could not have been rescued from the fiscal morass that it had sunk
into in the period 1996-2001. A true leader stands out only in the face of
adversity. Our leader, the
Hon'ble Chief Minister Puratchi Thalaivi J Jayalalithaa has led us from the
front, overcoming every obstacle, leaving no stone unturned in the quest for the
well being and prosperity of the people of Tamil Nadu.
142. The reward for such hard work and total commitment in
the cause of the people of Tamil Nadu will surely find expression shortly.
People who are our real judges always unerringly discern the true leader who
will stand by them through every adversity and take part in their joys and
sorrows. The very fact that Tamil Nadu has marched ahead so resolutely under the
leadership of the Hon'ble Chief Minister Puratchi Thalaivi
J Jayalalithaa is now a matter of appreciation the world over. It is for this
reason that institutions like the World Bank are now willing to come forward to
assist the State in its development programme. All these have been made possible
in so short a time due to the incandescent and inspiring leadership of the
Hon'ble Chief Minister Puratchi Thalaivi J Jayalalithaa.
143. I welcome any constructive suggestion on the Budget for
2004-2005 which will help us to serve the people better. I take this opportunity
to convey my heartfelt gratitude to Mr. N. Narayanan, IAS, Development
Commissioner and Finance Secretary, for his assistance in the preparation of
this Budget.
144. With these words, Honourable Speaker Sir,
I commend the Budget Estimates 2004-2005 for the approval of the House.
Vanakkam
C. PONNAIYAN,
MINISTER FOR FINANCE & FOOD
Chennai,
11th February 2004,
Thai-28,
Thiruvalluvar Aandu 2035.
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