stamp duty refund Archives

Bombay HC: Extraordinary jurisdiction can be invoked to order stamp duty refund on unexecuted agreement despite Section 48 limitation under Maharashtra Stamp Act

“The stamp duty is not a transaction tax, but a duty payable on an instrument, which must be executed to be chargeable.”

stamp duty refund despite delayed application

Case Briefs High Courts

Bombay HC orders refund of stamp duty despite application being filed beyond 5 years limitation period

“Without the deed of cancellation, the petitioner could not have sought refund of the stamp duty, and to deny the refund of the stamp duty to the petitioner was wholly unjustified and inequitable.”