Stamp duty is payable on carpet area of shop and is payable as per sale consideration mentioned in sale deed which should not be lower than circle rate
2) on first floor OC mentions it as shop so the sales deed should mention it as office premises
Stamp Duty for a Shop in a Shopping Mall in Gurgaon to be paid on covered area or Super area basis.
1. Purchasing a Shop on the FIRST FLOOR of Shopping-cum-Office Mall, Enkay Town Plaza, Palam Vihar, Gurugram, Haryana. Covered area of the Shop including thickness of the wall is 617 sq. ft. After adding 45 per cent Super Area it comes to 1122 sq. ft. Whether Stamp Duty is to be paid on minimum Circle Rate of Rs. 9,000 on the basis of Covered Area or Super Area basis. (The current Circle Rate for [deleted] for COMMERCIAL / SHOPS is Rs. 9,000 and for OFFICE / IT is Rs. 6,600.The OCCUPATION CERTIFICATE of Enkay Town Plaza clearly states Six SHOPS each on the First and Second Floor and Three OFFICES each on the Third, Fourth and Fifth Floors. 2. Can we save some Stamp Duty amount by getting the SHOP registered as OFFICE on the First Floor @ Rs. 6,600 and later use it for OFFICE purpose only and not for SHOP and there will be NO evasion of Stamp Duty by paying @ Rs.6,600 instead of @ Rs. 9,000 for SHOPS mentioned on the First and Second Floors in the Occupation Certificate of the commercial building.
Asked 5 years ago in Property Law
Religion: Sikh
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10 Answers
1. The stamp duty of any property is calculated taking into account of super built area and not merely covered area.
2. Irrespective of what you declare the area to be purchased, the registration office will consider ti as per the circle report.
3. So you can try to hide the actual information as regards the purpose f user of the office but outcome is likely to face with naught.
Stamp duty payable on circle rate or sale price which ever is higher. To save stamp duty, circle rates are shown in sale deed.
No payment for super build up area. Ownership of shop area can be sell. Super area comes under common area. In previous sale deed or building plan, this must showing as shop, so objection may raise by sub registrar that this shop and not office.
The accurate figures of stamp duty will be provided by the sub registrar of the shopping Mall area, on who is going to accept the agreement for registration. So kindly cross question him in all two - three scenarios of stamp duty for registration and check which one he or she accept the amount for registration.
1. The stamp duty applicable shall be on the sale consideration of the shop if the amount is above the circle rate. If you are in transaction showing only showing minimum amount for evasion of the stamp duty then in that case it bill be on built up area not the super built up area as of common spaces. \
2. If the first and second floor are registered as Shop then accordingly stamp duty need to be paid.
Stamp duty has to be paid as per the area entered in the Sale Deed i.e., carpet area.
As the description given in OC and shop in the Sale Deed the same has to be paid on carpet area which is reflected in SD.
If ther approval of the construction plan was for shops in the first and second floor and also a OC has already been given by the competent authority, the shop situated in the first floor which you are proposing to buy now cannot be converted to office because the the structures for office has been allocated in the third floor onward only.
In my opinion you may not find any solution as desired by you
The stamp duty has to be paid on the agreement value irrespective of the whether the area is a saleable area or the carpet area
1. The stamp duty should be paid on the covered area and not as per super buildup area.
2. No you cannot register your shop as office to save stamp duty as it is clearly mentioned that their are shops on first second and third floor.
Yes you can do the aforesaid
