Question And Answer
Subject: Stamp duty on PAAA
Querist: Sanjay Ggadge
Answered by:
Date: July 16, 2023
Query asked by Sanjay Ggadge

I got a flat in redeveloped society . The Development Agreement  was signed in 2010 between society and developer . The possession was given in june 2019. How ever due to litigation i could not execute Permenant Alternate Accomodation Agreement (PAAA)when other owners could do it in 2014.At that time as per  DA stamp duty and registration charges were paid by developer Now I approached my Builder to execute PAAA by paying stamp duty and registration charges .The builder refuse to pay Stamp duty and registration charges saying that his ac with society is closed and He will not pay anything. What stamp duty and registration charges i will have to pay to day on my PAAA execution. Recent Bombay High court order saying NO STAMP DUTY on PAAA if Delopment agreement is stamped and registered is available in my case ?

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Answer given by

The Hon’ble Bombay High Court in the case of Adityaraj Builders vs The State of Maharashtra and others (Manu/MH/1166/2023), www.itatonline org . held that once the stamp duty is paid on Development Agreement, no stamp duty is payable (beyond Rs. 100) in Permanent Alternate Accommodation Agreement. The querist need not pay Stamp duty . The Honourable High Court held that the ratio is applicable to all parties those who are not parties before the Honourable High Court .

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