Search Results for "Deficient Stamp Duty"

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Search Results for "Deficient Stamp Duty"

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Supreme Court

Supreme Court Reduces Penalty in Stamp Duty Dispute for Deed of Assent Treated as Gift Deed. Collector's Imposition of Maximum Ten-Times Penalty Set Aside for Lack of Reasoning and Discretionary Exercise.

21 Aug 2020

The case involves a dispute over stamp duty and penalty imposed on a Deed of Assent executed by the Trustees of H.C. Dhanda Trust. Late Shri Harish Ch...

High Court

Bombay High Court Quashes Stamp Duty Demand on Shifting Agreements in MHADA Redevelopment Project — Collector of Stamps Lacked Review Power and Agreements Were for Temporary Shifting, Not Permanent Alternate Accommodation Under Article 25(d) of Bombay Stamp Act, 1958.

17 Apr 2012

The Petitioner, Guruashish Construction Pvt. Ltd., a builder and developer, entered into a tripartite Joint Development Agreement dated 10 April 2008 ...

High Court

Bombay High Court Quashes Deficit Stamp Duty Demand in Development Agreement Case — Delay and Lack of Speaking Order Render Proceedings Invalid. Section 33A of Maharashtra Stamp Act, 1958 invoked after 10 years without proper application of mind; order set aside.

31 Jan 2024

The Petitioner, Axayraj Buildwell Pvt. Ltd. (now Moongipa Realty Pvt. Ltd.), a developer, entered into a Development Agreement with D.N. Nagar Shree A...

High Court

Bombay High Court Quashes Orders Denying Refund of Stamp Duty on Cancelled Sale Agreement. Recital of Possession in Agreement Not Conclusive When Only 15% Consideration Paid; Refund Admissible Under Section 48 of Maharashtra Stamps Act, 1958.

2 Apr 2025

The dispute arose from an agreement for sale dated 19 March 2020, by which the petitioners agreed to purchase a flat in Karad, Satara for a total cons...

High Court

Bombay High Court Allows Writ Petition Challenging Stamp Duty Demand on Agreement for Sale. Agreement for Sale Without Possession Not a Conveyance Under Bombay Stamp Act, 1958.

3 May 2005

The petitioner, Nirmala Manherlal Shah, entered into an agreement for sale of immovable property in Mumbai. The agreement did not involve delivery of ...

Supreme Court

Supreme Court Allows Appeal in Stamp Duty Dispute Over Agreement to Sell. The court quashed orders directing payment of deficient stamp duty under Entry No. 5 of Schedule 1-A of the Indian Stamp Act, 1899 as amended by the State of Punjab, holding that possession was not delivered under the agreements as per recitals.

16 Sep 2022

The dispute arose from a civil suit for specific performance of a Memorandum of Agreement dated 24.02.1996 and an agreement to sell dated 14.05.2011 c...

High Court

Bombay High Court Allows Refund of Stamp Duty Paid Under Mistake of Law — Petitioner Entitled to Refund of Rs. 3,00,100/- for Electronic Stamps Purchased Under Wrong Scheme Code. Mistake of Law Does Not Bar Refund When Stamps Not Used and No Unjust Enrichment.

29 Apr 2026

The petitioner, Manjeet Singh, filed a writ petition before the Bombay High Court seeking a refund of stamp duty paid under a mistake of law. The peti...

Supreme Court

Supreme Court Allows Refund of Stamp Duty in Consumer Dispute, Overturns High Court's Limitation Bar. Stamp Duty Refund Application Not Barred by Six-Month Limitation Under Section 48(3) of Maharashtra Stamp Act, 1958 When Stamp Paper Purchased Bona Fide and Transaction Failed Due to Judicial Order from National Consumer Disputes Redressal Commission.

24 Sep 2021

The dispute originated from the appellant's booking of a residential apartment in Pune in 2014, where he paid stamp duty for an agreement to sell. A d...

High Court

High Court of Karnataka Allows Writ Petition Challenging Trial Court Order on Stamp Duty in Specific Performance Suit — Agreement of Sale with Possession Clause Requires Proper Adjudication Under Section 34A of Karnataka Stamp Act, 1957. The trial court's order directing payment of deficit stamp duty without first impounding the document was set aside and the matter remitted for fresh consideration.

20 Mar 2014

The petitioners, who were the 1st defendant in a suit for specific performance, challenged the trial court's order dated 08.06.2012 in O.S.No.26784/20...

High Court

Bombay High Court Allows Refund of Stamp Duty Paid on Agreement for Sale That Did Not Materialize Due to Market Downturn. Petitioner entitled to refund under Sections 47 and 48 of Maharashtra Stamp Act, 1958 as instrument was not followed by conveyance and no fraud or misrepresentation was involved.

23 Aug 2022

The Petitioner, M/s Shweta Infrastructure and Housing (I) Pvt. Ltd., entered into an agreement for sale on 29 September 2014 with the Khatib family fo...

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