Refund of stamp duty
Sethi Sohum
(Querist) 16 May 2013
This query is : Resolved
Hello,
I have been allotted a flat by DDA.
First they sent us demand letter of Rs.1crore, we paid the stamp duty @5% to the collector of stamps, later DDA revised the cost to Rs.90lakhs.
So, there are 2 Conveyance Deeds, one with the original value & the other "Rectification Deed" with corrected value.
We had to execute & register both the deeds, as the registrar said that without registering the first deed, how can he register the rectification deed.
I want to know how to get this sum of Rs.50,000/- (5% of Rs.10lakhs) that has been paid additional to the Collector of Stamps, Vikas Sadan, New Delhi.
Thanks for reading,
Harsh
adv. rajeev ( rajoo )
(Expert) 16 May 2013
Instead of seeking refund. Both deeds can be executed at the same time.
R.K Nanda
(Expert) 16 May 2013
u cannot get refund of said amount.
Raj Kumar Makkad
(Expert) 16 May 2013
You made a mistake by executing both conveyance deeds. You had to execute only last one.
Anyway, if additional stamp duty has been paid erroneously then the same can definitely be got prayed to be refunded as per Stamps Act. Better to avail the services of a lawyer.
Sethi Sohum
(Querist) 17 May 2013
Dear Mr. Makkad,
Many thanks for your detailed reply.
When we asked the Dy. Dir. (Housing), DDA to execute just the last CD, he said "if I don't execute the original CD, then how can I execute the Rectification CD".
Error is clearly on the part of DDA, should we claim this with DDA or Collector of Stamps - Where? (Jam Nagar House?).
Since, the amount is Rs.50,000/- how much should we expect to get back deducting all incidentals & fees of the services of a Lawyer?
Thanks.
Also, thanks to other people also for their valuable inputs.
Anirudh
(Expert) 17 May 2013
Dear Mr. Jain,
Pl. clarify the following:
1) When the DDA wanted you to deposit Rs. 1 Crore, did they ask you to purchase the stamp paper for Rs. 50 lakhs?
2) If the answer to (1) above is in the negative, why did you purchase it?
3) Did you pay Rs. 1 crore to DDA?
4) If not, why did you fill up Rs. 1 crore in the stamp paper as consideration?
5) Since you might have paid only Rs. 90 lakhs, naturally, DDA would not be in a position to execute the sale deed where the consideration has been shown as 1 crore.
Please give your answers to the above points before any one could give you an appropriate answer.
Sethi Sohum
(Querist) 17 May 2013
Dear Mr. Anirudh,
Thanks for replying, here are my answers:
We were issued a Demand Letter for Rs.1crore along with CD (with considered cost of the flat as Rs.1Crore) conveying that we should deposit this sum of Rs.1 Crore to them & file the stamp duty @ 5% (Rs.5 lakhs) in order to take the possession.
We did deposit Rs.1 Crore to DDA & also filed the stamp duty and got our TR6 challan.
After about 2 months, we received the revised Demand Letter along with Rectification Deed stating that our total amount is now revised to Rs.90Lakhs & a refund of Rs.10lakhs will be made to us.
We again filed the stamp duty of Rs.125/- (as it is mandatory) and got another TR6 challan.
Also, we did get that Rs.10Lakhs (without any interest) refund from the DDA, after 1 year of receiving this letter.
So in effect excess amount paid to collector of stamps is Rs.50,000/-.
I hope above is now clear to you.
Also, on a side note, do we have a case to file with DDA for interest on our Rs.10Lakhs that they held for 1 year?
Anirudh
(Expert) 23 May 2013
Whether the Stamp paper remains still unused or used? If already used, you cannot get refund.
V R SHROFF
(Expert) 23 May 2013
CONSULTING LOCAL LAWYER TO DEAL WITH 10L RFD INTEREST [ APP 1 LAKH+ REFUND OF STAMP DUTY OF 50 K ] SHALL HELP U. As it must have happened with many purchaser.
