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Bombay High Court Dismisses Petition Challenging Stamp Duty on Octroi Collection Agreement as Lease. Agreement for collection of octroi by agent held to be a lease under Section 2(n)(iii) of Maharashtra Stamp Act and chargeable under Article 36(i) of Schedule I.

The petitioner, M/s. Sai Trading Company, a partnership firm, entered into an agreement on 27th April 2006 with the Sangli, Miraj and Kupwad City Muni...

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Bombay High Court Allows Section 11 Petition and Appoints Arbitrator Despite Stamp Duty Objection. Court holds that existence of arbitration agreement is a prima facie matter at Section 11 stage, and stamp duty is for arbitrator to decide.

The Petitioner, Coastal Marine Construction and Engineering Limited, filed a petition under Section 11 of the Arbitration and Conciliation Act, 1996 s...

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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.

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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Bombay High Court Allows Petitions Challenging Rejection of Refund Applications Under Maharashtra Stamp Act. Refund of Stamp Duty on Deemed Cancellation of Agreements for Sale Allowed Where Agreements Were Not Registered and No Instrument of Cancellation Was Executed.

The Petitioners, Qwik Supply Chain Pvt Ltd and another, filed two Writ Petitions challenging the orders dated 07.03.2015 and 08.02.2018 passed by the ...

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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.

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

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Bombay High Court Quashes Rule 18 of Capital Value Rules for Exceeding Delegated Authority Under Mumbai Municipal Corporation Act, 1888. Commissioner's Power to Frame Rules Under Section 154(1B) Does Not Extend to Imposing Additional Tax Liability Beyond the Act's Framework.

The petitioners, Aegis Logistics Limited and another, filed a writ petition under Article 226 of the Constitution of India challenging Rule 18 of the ...

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Bombay High Court Quashes Stamp Duty Demand Against IT Company in Lease Deed Classification Dispute. Lease Deed for Software Development Held Not a 'Building Lease' Under Maharashtra Stamp Act, 1958.

The petitioner, Synechron Technologies Pvt. Ltd., an IT company, challenged an order dated 15.10.2019 passed by the Chief Controlling Revenue Authorit...