The amendment proposes to define «debt securities» so that it is an «obligation» which, from the outset of this provision, specifies that Section 9B provides nothing with respect to physical shares and debt securities, but rather through stamp duty which must be paid on the instrument in the event of transactions through shares other than the stock exchange and the custodian , so that I infer that it provides stamp duty in the case of physical actions and bonds. According to the indian Constitution scheme, Entry 91 of List I of the Seventh Calendar establishes the legislative power to set stamp duty on the issuance of shares or «transfer of shares» between state governments and the Union government20 The above list, however, indicates that the EU government has set rates for the «non-binding security issue». , i.e. «share issues.» Since such an exercise of legislative power goes beyond the constitutionally recognized principles of federalism, it can make the action of the Union government constitutionally questionable. While there are many reasons for amending the stamp law, some of the reasons are very explicit and others are not. However, no one can deny that the Stamp Act, because of its archaic nature, has been waiting for such a change for some time, especially if we see it in light of the technological changes that the financial market has undergone over the past (1) decade. Beyond these technological reasons, other legal and administrative reasons, such as multiple rates for stamp duty for a similar transaction, litigation, multiple levies, all this increases transaction costs and blocks in the development of a well-structured securities market and hinder the formation of capital. Two sections deal with the obligation of dematerialized shares and bonds; Section 8A, amended by The Finance Act, 2019, and Section 9A, inserted by Finance Act, 2019. 2. It may be based on delivery, or in some other way, but both with a different rate of duty. The tax is transferred to the buyer`s state of residence.
If the buyer is outside India, it is mandatory to be transferred to the state where a trade member or broker is headquartered. In the absence of such a member or broker, the obligation is to transfer to the state in which the custodian`s headquarters are located. With the amendments to India`s stamp law, the Indian government has attempted to streamline rates and the mechanism for paying stamp duty on bonds. In addition, several issues remain unresolved. (b) whether the Indian States will attempt to introduce additional stamp duty on security documents in the context of bond issuance, or whether section 4, paragraph 3, clearly applies to all eligible guarantees created, so that only the main instrument, which is the instrument of obligation, is stamped. As a result, futures and options (equity and product) as well as other types of guarantees or contracts derived from their value from debt, equities or loans or price indices are also subject to stamp duty. Second, any bond issue would now be subject to a stamp duty of value of 0.005% (compared to the existing tax of 0.05% per annum of face value, i.e. a ceiling of 0.25% of R.