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.