but the article is concerning with the situation where the amendment if on being accepted would have carried serious inconsistency with the Stamp Act, Constitution of India and other related problems. The article also analyse possible solutions to cope up with conditions where the interest of state clashes with Central Legislation and lastly suggesting format which can be adopted for
imposing duty on the electronic commerce.
GAIL has signed an agreement with the NSDL for providing this facility to the shareholders of GAIL. For subscribing to this system, shareholders would first need to dematerialize their shares. This can be done through any of the Depository participants of NSDL. After this, shareholders can trade the shares without any physical deliveries of the share certificates and no stamp duty is payable at the time of transfer unlike in the case of physical transfer.
This excerpt indicates GAIL offering facility to all of their shareholders after opening Depository account, they can trade the shares without paying any stamp duty. But the position would have had not been the same as the State of Maharashtra some time before by its amendment under Bombay Stamp Act, 1958 has made all electronic transaction subjected to the Stamp duty. By doing so, they have not only by disturbed its harmony with Indian Stamp Act, 1899 but also created a doubtful situation questioning about its consistency with the pillars of Constitutional of India. The major concern in this article is to analyse the nuances of action taken by the State of Maharashtra and its impact on the electronic commerce, what would have been possible
solutions to cope up with this condition where the interest of state clashes with Central Legislation and lastly suggesting format which can be adopted for imposing duty on the electronic commerce.