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Search Results for "Stamp duty refund"

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High Court

Bombay High Court Allows Refund of Stamp Duty Paid on Cancelled Agreement to Sale — Application Within Time Under Section 48 of Maharashtra Stamp Act. The court held that the six-month limitation period for refund runs from the date of cancellation deed, not the original agreement, and the amendment extending time to two years applied retrospectively to pending applications.

30 Sep 2024

The petitioner, Mahesh Padmakar Jagtap, entered into an Agreement to Sale on 11 June 2009 for purchase of a flat for a total consideration of Rs.18,50...

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

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 Refund of Advance Stamp Duty Paid on Unexecuted Deed of Assignment — Petitioner Entitled to Refund Under Section 48 of Maharashtra Stamp Act, 1958 as No Instrument Was Executed

5 Jun 2023

The Petitioner, Kasthmandup Developers Pvt. Ltd., filed a Writ Petition under Article 226 of the Constitution of India challenging the order dated 01....

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

Bombay High Court Allows Refund of Stamp Duty for Unconsummated Transactions Under Section 49 of Maharashtra Stamp Act, 1958 — Petitioner Entitled to Refund Despite Delay in Application. The court held that the limitation period under Section 49 should be liberally construed to avoid unjust enrichment, and that the petitioner's delay in applying for refund was condonable as the transactions never materialized.

21 Sep 2023

The petitioner, Vilas Eknath Nandgude, filed six writ petitions challenging orders dated 31 December 2019 passed by the Deputy Inspector General of Re...

Supreme Court

Supreme Court Allows Refund of Stamp Duty Paid on Un-Executed Conveyance Deed Due to Vendor Fraud. Limitation Period for Application Under Section 48 of Maharashtra Stamp Act, 1958 Runs from Date of Instrument, Not from Date of Cancellation Deed.

17 May 2024

The appellant, a bona fide purchaser, agreed to buy property from Mohammed Hanif Ahmed Fitwala and prepared a conveyance deed. On 7 May 2014, the deed...

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...

High Court

Bombay High Court Allows Refund of Stamp Duty on Cancelled Development Agreement Under Section 47(c)(5) of Maharashtra Stamp Act, 1958. Petitioner entitled to refund as transaction was cancelled before possession and within two years, not covered by Section 48 proviso.

3 Sep 2025

The Petitioner, M/s. Satyam Construction, entered into a Development Agreement on 2 June 2011 with Shri Rajiv Ghule and others for development of land...

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