Yes, says
Supreme Court.
Hon’ble Supreme
Court in a case titled as Thiruvengada Pillai vs. Navaneethammal and Anr.,
AIR 2008 SC 1541, held that:
“The Indian
Stamp Act, 1899 nowhere prescribes any expiry date for use of a stamp paper.
Section 54 merely provides that a person possessing a stamp paper for which he
has no immediate use (which is not spoiled or rendered unfit or useless), can
seek refund of the value thereof by surrendering such stamp paper to the Collector
provided it was purchased within the period of six months next preceding the
date on which it was so surrendered. The stipulation of the period of six
months prescribed in section 54 is only for the purpose of seeking refund of
the value of the unused stamp paper, and not for use of the stamp paper.
Section 54 does not require the person who has purchased a stamp paper, to use
it within six months.
Therefore,
there is no impediment for a stamp paper purchased more than six months prior
to the proposed date of execution, being used for a document. [Para 11]
Please Note:
The aforesaid
was held by Hon’ble Supreme Court keeping in view the provisions of Indian
Stamp Act, 1988, which is a Central Act. Levying stamp duty however being the
state matter, the view of Supreme Court should be read in conjunction with any
state law /rules passed on the subject.
For example
section 52B of Bombay Stamp Act, 1958 [inserted in the year 1989] provides that
“stamps which are not used
within a period of 6 months or for which no allowance/refund has been claimed
shall be rendered invalid after 6 months.” The provision
of section 52B of Bombay Stamp Act should not be related to court fees for
which there is separate ‘Bombay Court Fees Act, 1959’, where there is no such provision.