Search Results for "deficit stamp duty"

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Search Results for "deficit stamp duty"

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High Court

Bombay High Court Allows Writ Petition Challenging Deficit Stamp Duty Demand — Limitation Period Under Section 32-A(1) of Bombay Stamp Act, 1958 Is Mandatory. Demand for deficit stamp duty and penalty made after 5 years from execution of instrument is without jurisdiction and liable to be quashed.

30 Jun 2020

The petitioner, Meena Shyam Tulsani, purchased a commercial office premises admeasuring 351 sq.ft super built up area in 1999 through a notarized agre...

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 Quashes Stamp Duty Demand on Court-Monitored Auction Sale — Auction Price Constitutes True Market Value Under Maharashtra Stamp Act. The Court held that the Collector cannot reassess market value of property sold under Supreme Court-monitored auction, and stamp duty is payable on actual auction price under Rule 4(6) first proviso of the 1995 Rules.

23 Oct 2024

The petitioners, Trident Estate Private Limited and Ms. Sanjana Goenka, purchased a property in Ambey Valley City, Pune, through an e-auction conducte...

High Court

Bombay High Court Allows Petition Against Deficit Stamp Duty Demand Under Bombay Stamp Act, 1948 — Conveyance Deed Not Chargeable Under Section 25 as Mortgage Deed. The court held that a deed of conveyance mentioning an existing mortgage does not become a mortgage deed under Section 25 of the Bombay Stamp Act, 1948.

25 Sep 2014

The petitioner, Universal Ferro & Allied Chemicals Limited, a company incorporated under the Companies Act, 1956, filed a writ petition under Articles...

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 Deficit Stamp Duty Demand on Development Agreement — Agreement Not a Conveyance Under Bombay Stamp Act, 1958. Development Agreement Held Chargeable Under Article 5(ga) at 1% of Consideration, Not Market Value.

30 Jan 2015

The petitioner, M/s. Prasun Developers, challenged orders of the Joint District Registrar and Collector of Stamps, Pune, and the Deputy Inspector Gene...

Supreme Court

Supreme Court Dismisses Appellant's Challenge to Stamp Duty and Penalty Order in Specific Performance Suit. Agreement of Sale with Possession Deemed Conveyance Under Karnataka Stamp Act, 1957, and Court Has No Discretion to Impose Lesser Penalty Than Ten Times Deficit Duty Under Section 34.

2 Sep 2024

The appellant filed a suit for specific performance of an agreement for sale dated 04.11.1996, which was coupled with possession, thereby deemed a con...

High Court

Bombay High Court Allows Writ Petition Challenging Order to Pay Deficit Stamp Duty on MOU in Specific Performance Suit. MOU Not an Agreement of Sale Under Bombay Stamp Act, 1958 as No Consideration Paid or Possession Delivered.

13 Dec 2017

The petitioners, M/s Dharati Developers and its partners, filed a suit for specific performance of a Memorandum of Understanding (MOU) dated 24th Janu...

High Court

Bombay High Court Quashes Deficit Stamp Duty Demand on Cancelled Development Agreement — Agreement Cancelled Prior to Adjudication Not Liable to Stamp Duty Under Maharashtra Stamp Act, 1958. The court held that stamp duty is chargeable on instruments, not on transactions, and a cancelled instrument cannot be subjected to duty.

5 Mar 2020

The petitioner, Vikrant Vikas Raikar, proprietor of M/s. Elegant Constructions, challenged an order dated 16th March 2018 passed by the Chief Controll...

High Court

Bombay High Court Dismisses Petition Challenging Stamp Duty Adjudication on Conveyance Deed — No Refund of Additional Stamp Duty Paid After Registration. Petitioners Not Aggrieved Party as They Accepted Assessment and Got Document Registered; No Error in Considering Market Value as Per Ready Reckoner for Non-Agricultural Land.

2 May 2024

The petitioners, purchasers of agricultural land, executed an agreement for sale on 9 November 2006, which was not registered. The document was impoun...

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