Is Digital Stamping legal in India?

Summary

  • Digital stamping is a process of affixing stamp paper and paying stamp duty digitally 
  • In this post, we will be giving you a concise recap of the legal framework behind Digital Stamping and the legal rules and regulations that make this avalid mode of paying stamp duty in India..

In our last post we learnt about the different modes of paying stamp duty in India. But are all these modes of digitally stamping electronic documents legally recognised in India? YES. Let’s see how.

Digital Stamping - points to keep in mind

Before we start exploring the legality of digital stamping in India, it is important to reiterate certain key points.

1. Stamp duty must be paid even when you are executing the digital version of an instrument. This has been expressly clarified by certain states such as Maharashtra, Karnataka, Gujarat, Kerala, Rajasthan etc.

Is Digital Stamping legal in India? - The explanation to Section 2(l) of the Maharashtra Stamp Act, 1958
The explanation to Section 2(l) of the Maharashtra Stamp Act, 1958
Is Digital Stamping legal in India? - Section 2(j) of the Karnataka Stamp Act, 1957
Section 2(j) of the Karnataka Stamp Act, 1957
Is Digital Stamping legal in India? - Section 2(14) of the Indian Stamp Act, 1899, as amended for the state of Uttarakhand
Section 2(14) of the Indian Stamp Act, 1899, as amended for the state of Uttarakhand

1. E-stamping in Haryana

Is Digital Stamping legal in India? - A typical e-stamp certificate from Haryana
A typical e-stamp certificate from Haryana

This mode of digital stamping derives its legal validity from the Haryana Stamp (Payment of Duties by Means of Online E-Stamping) Rules, 2017.

2. NeSL (National e-Governance Services Limited)

Is Digital Stamping legal in India? - NeSL DDE Platform services overview
Is Digital Stamping legal in India? - Excerpt from the June 30, 2020 Ministry of Finance notification on digital stamping
Excerpt from the June 30, 2020 notification
Is Digital Stamping legal in India? - Notification from the Ministry of Finance to all scheduled commercial banks on NeSL integration
Notification from the MoF to all scheduled commercial banks

3. BharatStamp

Graphic 3 V2 Update 3 — Is Digital Stamping legal in India? - The Leegality BharatStamp process
The Leegality BharatStamp process
Is Digital Stamping legal in India? - Section 4 of the IT Act, 2000
Section 4 of the IT Act, 2000
Graphic 1 Update 3 — Is Digital Stamping legal in India? - Leegality BharatStamp compliance steps
Graphic 2 Update 3 — Is Digital Stamping legal in India? - Inverted BharatStamp process that is non-compliant

With fully legal digital stamping methods available now, say goodbye to haggling with stamp vendors, spending time on expense management and the risks associated with physical paper.

Get started with Digital Stamping

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