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shivkumar (proprietor)     14 September 2010

REFUND OF STAMP DUTY

I HAD PURCHASED A COMMERCIAL PROPERTY AND HAVE REMITTED A SUM OF Rs.49750/- BY THE WAY OF FRANKING TOWARDS THE STAMP DUTY FOR THE EXECUTION OF THE SALE DEED.

BUT THE ABOVE DEAL HAS BEEN TERMINATED BY US MUTUALLY BEFORE THE EXECUTION OF THE SALE DEED.HENCE THE STAMP DUTY PAID IS UNUTILESED.HOW CAN I GET THE REFUND OF THE STAMP DUTY PAID BY ME.



Learning

 9 Replies

Bharatkumar (ADVOCATE )     14 September 2010

This authority given deputy collector or collector, and u can apply with reson for refund amout before six month and attech a original document, after six month u apply for refund u can not get refund amout.

M. A. Khan (advocate)     14 September 2010

Yes u can get the refund of stamp duty.  Please make application for refund with registrar of stamp. adv. khan

Sri Vijayan.A (Legal Consultant)     14 September 2010

Refund of stamp duty is possible.

Revenue officials, not below the rank of Tahsildar, is empowered to issue/pass order for refund.

U have apply to the Tahsildar enclosing the original stamped papers, not cancelled or registered by any officials of registration department.

The revenue official shall send an enquiry letter to Dist. Registrar for verification of the sale of stamp paper, in case of non-judicial paper. Otherwise he send it to the Treasury or Stamp office who made franklin stamp on the paper.

On receiving the confirmation and advise, the Tahr shall pass an order for refunding the stamp duty.

The refund shall have the reduction of about 10% for the first year from the date of payment of duty and shall increase with the year.

No one can not refund after ten years.

Sri Vijayan.A (Legal Consultant)     14 September 2010

Whatever I suggested earlier are the rules of TN and applicable in TN.

Similar rules might have framed by respective state Gov'ts regarding the procedure, power to refund, amount of reduction, limitation period, etc

pranjal Dongaonkar (Practice)     15 September 2010

Yes... definitely u can ask for refund with the appropriate authority i.e. Collector of Stamps alongwith Original & Xerox of Frnking Page, Affidavit & other supporting documents before the period of 6 Months.

Jayesh Gore (Engineer)     25 October 2013

Dear All,

I have purchased a resale house for 4900000/- in Pune, Maharashtra. For that i paid stamp duty of Rs. 294000/- and registration of Rs. 30000/- during agreement on 13-09-2013. At the time of sale deed i.e on 25-10-2013, my lawyer attached old Index-2 copy which was made during agreement between old owner and builder in 2004  instead of a new one which was made during agreement on sept. 2013 between me and owner. Due to that the sub-register told to pay extra 1% as LBT in the form of franking. So i made franking of 1%, in addition to the 6% of 4900000/- and completed the sale deed. afterwords I came to know that it was not neccessory to pay that additional 1% becouse already i have paid 6%.

So can anyone advise me on how could i make the refund of that adiitional 1% ammount. and also on what to do with the old index 2 copy. becouse the new index -2 copy is not attached to to my sale deed.

Please advise.

Raju Rakhama Jaid (Service)     11 February 2014

Dear All,

could someone told me about the refund of Stamp Duty paid for purchase of Flat from builder.

One of my relative has purchased the flat from builder and paid Rs. 83000 approx as stamp duty and enter into agreement deed with the Builder. Later on the purchase deal was not executed due to non sanction of loan to the purchaser. So Is it possible to get the refund of said stamp duty paid to Registrar of Pune.

What is the time limit for applying for refund of Stamp duty. We have paid stamp duty in the month of May 2013.

 

Guide us.

 

Regards,

CA.Raju Jaid

Sri Vijayan.A (Legal Consultant)     12 February 2014

You can get back the stamp duty refunded.

Apply to Tahsildar, as I suggested earlier.

Vijay Sena (Consultant)     24 January 2015

Regarding Stamp Duty Refund.

I have perchased a flat in Pune( Maharashtra) worth 46,72,345. for that I paid following also:

- stamp duty worth:          Rs 2,33,700

- Registration Charges:   Rs 0,30,000

- Vat:                                   Rs 0,46,764

- Service Tax:                    Rs 1,44,376

--------------------------------------------------------------------------------------------

Overall Cost extra cost:   Rs 4,54,840

--------------------------------------------------------------------------------------------

Now I want to cancel the deal due to some family financial crises.

As much I got to know that I will only get the registration fees only but not the other things like:

 - Service tax + Vat + Registration Charges + stamp Duty Registration.

Can you please tell how can I get the all my money back?

Also is there anything different in Maharashtra Law for getting this back?

Thanks in Advance!


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