| Content Provider | Supreme Court of India |
|---|---|
| e-ISSN | 30484839 |
| Language | English |
| Access Restriction | NDLI |
| Subject Keyword | Refund of stamp duty Expiry of limitation Cancellation deed Bonafide purchaser Limitation Fraud by vendor Denial of refund on basis of technicalities Unexecuted conveyance deed Stamp duty Pursuance of legal remedies |
| Content Type | Text |
| Resource Type | Law Judgement |
| Jurisdiction | India |
| Act(s) Referred | Bombay Stamp Act, 1958 (60 of 1958) |
| Case(s) Referred | Referred Case 0 |
| Case Type | Appeal |
| Court | Supreme Court of India |
| Disposal Nature | Appeal Allowed |
| Headnote | The High Court dismissed the appellant’s demand for refund of Stamp Duty paid towards an un-executed conveyance deed. HeadnotesMaharashtra Stamp Act, 1958 – s.47 and s.48 – Bombay Stamp Rules, 1939 – Rules 21 and 22A – Stamp Duty – Refund of – Appellant agreed to purchase a property from vendor – To that effect, a deed of conveyance was prepared and it was sent for payment of stamp duty, which was assessed at Rs.25,34,350/- Accordingly, the appellant paid this sum and purchased the stamp duty on 13.05.2014 – However, the said conveyance deed was not lodged for registration as the vendor was playing fraud on the appellant – Appellant applied for refund on 22.10.2014 – Thereafter, the appellant decided to cancel the said transaction and executed cancellation deed on 13.11.2014 – Appellant’s case for refund was rejected by respondent nos. 1 & 2 on the ground that the application was filed beyond the limitation period – The High Court upheld the orders of respondent nos. 1 and 2 – Correctness |
| Judge | Hon'ble Mr. Justice Prashant Kumar Mishra |
| Neutral Citation | 2024 INSC 443 |
| Petitioner | Bano Saiyed Parwaz |
| Respondent | Chief Controlling Revenue Authority And Inspector General Of Registration And Controller Of Stamps & Ors. |
| SCR | [2024] 5 S.C.R. 730 |
| Judgement Date | 2024-05-17 |
| Case Number | 6533 |
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