Refund of stamp duty
Querist :
Anonymous
(Querist) 26 January 2012
This query is : Resolved
A execute a sale deed in favour of B but unfortunately A could not provide the possetion to B due to some family dispute on this B filed suit for possention against A where they settled the matter in the mediation cell delhi according to which they agreed to cancell the said sale transaction A returned the sale price to B and the concerned court directed the registrar concerned to cancell the sale deed on applying through A
Now my question is whether stamp duty paid under this sale deed can be refunded if yes under which procedure.
V R SHROFF
(Expert) 26 January 2012
IF AGREEMENT IS CANCELLED, STAMP DUTY PAID IS REFUNDED , IF CONDITIONS FULFILLED.
The Original ranking/ stamps be retuned to authorised person of collector within 4 months , specifying reason for cancellation,
A cancellation charge of 3-5% levied, and a cheque issue in favour of Stamp Purchase.
Shailesh Kumar Shah
(Expert) 26 January 2012
Now my question is whether stamp duty paid under this sale deed can be refunded if yes under which procedure.
Answer: no question of refund of stamp duty, when stamp paper already used.
V R SHROFF
(Expert) 26 January 2012
Mr. Shah,
There is provision, used by us regularly.
we received refund for cancelled, unused Document, though executed.
We have to return all Original Stamp Paper, preparing the File for it, and we get upto 97% refund.
Th Collector is authorized to refund the Stamp Duty Pad anywhere in his jurisdiction.
aff:
AFFIDAVIT/ DECLARATION
We , [1] SHRI xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx, Aged App 55 years , and [2] SMT. xxxxxxxxxxxxxxxxxxxxxxx xxxxxxxxxxx SINGH Aged App 50 years, both adult Indian inhabitants, residing at xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx, Mumbai 400 031, Maharashtra State, INDIA do hereby state on solemn affirmation as under:
1. We State and declare that we wanted to purchase a residential Flat at Bhayandar (East ) and we arranged to enter into an Agreement for Resale of the said Premises
2. We say that thereafter we Prepared the Agreement for Resale and Paid requisite Stamp Duty of Rs. 20,000 on dated 17th day of October 2008 at Kapole Cooperative bank, Bhayandar (East) Branch, Dist Thane. franking the said Document under Sr. No. 151486, being the Stamp Duty Chargeable for the said Flat Premises
3. We say that the said Agreement for Resale is enclosed herewith as Annexure I
4. We say that for unavailability of funds the said deal could not be completed and we cancelled the said deal at Bhayandar (East) Dist. Thane in the State of Maharashtra.
5. we say that we hereby apply for the Refund us the said Stamp Duty paid by us, and we declare that it was accidental and was not cancelled deliberately without any fault on either side, and we are entitled to get refund of the said Stamp Duty, after deduction as per law. .
6. We say that We are making this Affidavit in order to get the Refund of Rs. 20,000/ (Rupees Twenty Thousand only) or any less amount after deduction as per law from the concerned authority.
We say that whatever is stated in the Application for Refund, and in this Affidavit hereinabove is true and correct to our own knowledge and belief and nothing material has been concealed thereof. In case it is found false, I am liable to punishment under sections 193, 199 & 200 of the Indian Penal Code.
Solemnly affirmed at Thane
On this th Day of January 2009.
Identified Explained & Interpreted by me.
………………………………………………….……………………..
V. R SHROFF
ADVOCATE HIGH COURT
108, Samta Sadan Navghar Road,
Bhayandar (East) , - PIN- 401 105
Tel 28165262 Mob: 9892 4321 52
…………………………….……………………..
…………………………….……………………..
DEPONENT.
BEFORE ME
*******************************
AUTHORITY LETTER
DATED: ………January 2009.
We, [1] SHRI xxxxxxxxxxxxxxxxxxxxxxxx SINGH, and [2] SMT. xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxSINGH hereby authorise Advocate. ___________________ & Advocate _____________ _________________ to submit my/ our file for the Refund of the Stamp Papers amount, and complete all procedure of the refund of the said amount.
………………………………………………………………………………………………………………………………….
[1] SHRI RxxxxxxxxxxxxxxxxxxINGH,
and
………………………………………………………………………………………………………………………………….
[2] SMT. xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx SINGH
Shailesh Kumar Shah
(Expert) 26 January 2012
Dear Mr.V R Shroff,
Here, already sale deed has been executed.
V R SHROFF
(Expert) 26 January 2012
Dear Mr. Shah,
You have to show it did not get materialized, and cancelled amicably due to xyz reasons, it s accepted.
Only First page is franked, Who stops you changing few pages showing / confirming reason for cancellation. produce Agreement of that sort .
The Collector staff will guide and co-operate!!
Raj Kumar Makkad
(Expert) 26 January 2012
I firmly stand with shroff who has resolved your query by bringing the relevant legal position.
R.Ramachandran
(Expert) 26 January 2012
Dear Mr. Shailesh,
I can fully understand and appreciate your query, especially when one considers the legal text in this regard which is as follows:
Section 54. Allowance for stamps not required for use. - When any person is possessed of a stamp or stamp which HAVE NOT BEEN SPOILED OR RENDERED UNFIT OR USELESS for the purpose intended, but for which he has no immediate use, the Collector shall repay to such person the value of such stamp or stamps in money, deducting ......"
Thus, there is provision in the Stamp for refund only when the stamp paper "has not been spoiled or rendered unfit or useless".
In the instant case, once the agreement has been written on the stamp paper, it stands spoiled or rendered unfit / useless". Therefore, going by the legal provision, it is incomprehensible that one would get a refund.
However, Mr. Shroff says that he is successful in obtaining refund in those circumstances. I AM EQUALLY CONFUSED AS YOU ARE!
Shailesh Kumar Shah
(Expert) 26 January 2012
Dear Mr.V R Shroff,
can you provide relevant provisions about this??
With Due Respect, I still stand on my answer, because sale deed executed by both parties.
Thanks
with Regards,
prabhakar singh
(Expert) 28 January 2012
Some time advocacy works not the law.
prabhakar singh
(Expert) 28 January 2012
Some time advocacy works not the law.
Raj Kumar Makkad
(Expert) 18 March 2013
Advocacy can never be over and above the relevant law.
V R SHROFF
(Expert) 21 June 2013
Indian Stamp Act, 1899
53. Allowance for spoiled or misused stamps how to be made
In any case in which allowance is made for spoiled or misused stamps, the Collector may give in lieu thereof-
(a) other stamps of the same description and value; or
(b) if required and he thinks fit, stamps of any other description to the same amount in value; or
(c) at his discretion, the same value in money, deducting 3[ten naye paise] for each rupee or fraction
VS:
"So discretionary power of collector:
Satisfy him : Provide relevant document that convince him. "
Question: Can there be refund of Stamp duty in case if the Stamp paper is unused or multiliated?
ANSWER: Yes, Refund can be claimed v/s 47 of The Bombay Stamp Act 1958. However such claim can be made to the collector of Stamps within a period of 6 months from the date of purchase of Stamps
