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Search Results for "stamp duty refund"

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High Court

High Court of Karnataka Allows Refund of Cess/Additional Stamp Duty Paid Under Protest — Levy of 10% Cess on Maximum Stamp Duty Held Unauthorized Under Karnataka Stamp Act, 1957 and Karnataka Cess on Stamp Duty Act, 1962. Division Bench directs refund of ₹2.5 crores with interest at 6% per annum from date of payment.

6 Aug 2025

The appellant, Prestige Exora Business Parks Limited, filed an intra-court appeal against an order dated 27.01.2025 passed by a learned Single Judge o...

High Court

Bombay High Court Quashes Stamp Duty Demand on Rectification Deed for Excess Area — Holds Duty Payable Only on Actual Increase of 178.27 sq.mtrs. Not on Entire Amalgamated Area. The Court directed recalculation of stamp duty under Section 31 of the Maharashtra Stamp Act, 1958 on the actual increase of 178.27 sq.mtrs. over the original lease deed area.

4 Oct 2024

The petitioners, Sukhraj B. Nahar Charitable Trust and Mr. Sukhraj B. Nahar, challenged an order dated 11 August 2015 passed by the Collector of Stamp...

High Court

Bombay High Court Quashes Deficit Stamp Duty Demand Against Housing Society Due to Limitation Under Section 53A of Maharashtra Stamp Act. Demand raised beyond six-year period from Amnesty certificate under Section 41 is barred by time, and even otherwise, a 20-year delay is unreasonable.

3 Oct 2024

The Petitioner, Uma Niwas Co-Operative Housing Society Ltd., a society registered under the Maharashtra Co-operative Societies Act, 1960, filed a writ...

High Court

Bombay High Court Allows Refund of Stamp Duty on Development Agreement Under Section 47(c)(5) of Maharashtra Stamp Act — Purpose of Instrument Failed. Development Agreement is an instrument covered under Section 47(c)(5) for refund when the purpose fails, and Section 48 is only a limitation provision.

16 Aug 2024

The petitioner, M/s. Chandiwala Enterprises, a registered partnership firm, entered into a Development Agreement with Neel Ashiward CHS Ltd. on 2nd Se...

High Court

High Court of Karnataka Allows Amendment in Suit for Specific Performance to Include Alternative Relief of Refund of Advance Amount. Amendment Sought Under Order VI Rule 17 CPC and Section 22 of Specific Relief Act, 1963 Held Permissible as It Does Not Change Nature of Suit.

9 Aug 2024

The petitioner, M/s. Samrudhi Groups, a registered partnership firm, filed a suit for specific performance of contract (O.S.No.281/2017) against the r...

High Court

Karnataka High Court Quashes Stamp Duty Reassessment Orders in Sale Deed Dispute — Valuation Based on Guideline Value Without Proper Opportunity Held Invalid. Court sets aside orders passed under Section 45A of the Karnataka Stamp Act, 1957 for non-compliance with principles of natural justice and lack of proper enquiry.

15 Jul 2022

The case involves two writ petitions filed under Articles 226 and 227 of the Constitution of India. The petitioner in W.P.No.10535/2012 is Dodballapur...

High Court

Bombay High Court Dismisses Petitioner's Claim for Reduced Stamp Duty on Development Agreements Under COVID-19 Concession. Development Agreement Not Equivalent to Conveyance; Notification Under Article 25(b) of Maharashtra Stamp Act, 1958 Inapplicable.

5 May 2022

The petitioner, M/s. Sandeep Dwellers Private Limited, a construction company, entered into three development agreements dated 28.12.2020, 31.12.2020,...

Supreme Court

Supreme Court Dismisses Promoter's Appeal in Real Estate Regulation Case, Upholding Authority's Jurisdiction and Pre-deposit Condition. The court affirmed that a single member of the Real Estate Regulatory Authority has jurisdiction to order refunds under Section 18 of the Real Estate (Regulation and Development) Act 2016, and the pre-deposit requirement under Section 43(5) is valid for statutory appeals.

11 Nov 2021

The dispute arose from appeals filed by promoters and real estate developers against orders of the High Court of Allahabad, which had dismissed their ...

High Court

Karnataka High Court Allows Refund of Excess Stamp Duty Paid by Company in Stamp Duty Refund Case — Respondents Directed to Refund Rs.10,11,810/- with Interest. Petitioner Entitled to Refund Under Section 48 of Karnataka Stamp Act, 1957 as Claim Was Within Limitation and Excess Payment Admitted.

22 Aug 2017

The petitioner, Dalmiya Cement Venture Limited, a public limited company registered under the Indian Companies Act, 1956, got registered several lands...

High Court

Bombay High Court Quashes Stamp Duty Demand on Timber Auction Bid Sheets. Bid Sheet for Purchase of Timber from Forest Department Not a 'Conveyance' Under Bombay Stamp Act, 1958 as It Does Not Transfer Any Right, Title or Interest in Property.

7 Sep 2010

The Nagpur Timber Merchants Association and another petitioner challenged a Government Resolution dated 27.08.2009 and subsequent directions by which ...

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