The appellant entered into a Sale Agreement with a Developer and paid the applicable stamp duty and registration charges. The developer later informed the appellant about unavoidable delay in handing over the possession according to the envisaged date due to the issues regarding adjacent slums. The appellant chose to cancel the booking and executed the Deed of cancellation on 17.03.2015, it came before the Sub-registrar on 28.03.2015. A deed of rectification was also executed by the appellant on 23.05.2016. In the meantime there was an amendment (dt. 24.04.2015) to S.48(1)\u00a0 of the Act which set a limitation for refund to six months from two years. On 06.08.2016 the appellants filed for refund of stamp duty. In its 1st order Chief Controlling Revenue Authority, Maharashtra State, Pune ( CCRA) \u00a0allowed refund, later it recalled the order and rejected the refund claiming that appellant fell in the after-amended limitation period. The appellant appealed to CCRA, which was dismissed. \u00a0He filed a writ petition . The High Court \u00a0held that the appellant was not heard by the CCRA and set aside its order and remanded the matter to CCRA for fresh hearing. The CCRA again rejected the refund. \u00a0Aggrieved, the appellant filed a Writ in the Bombay High Court for the right to seek refund accrued on the date of execution, invoking unamended two year limitation period and CCRA having no power to recall its initial order. High Court \u00a0dismissed the petition. Aggrieved, the appellant approached the Supreme Court . The issue before the Supreme Court is\u00a0 \u00a0whether the six months period of limitation i.e. the before-amendment period was applicable to the appellant and whether the CCRA had power to recall its own order. \u00a0The Supreme Court \u00a0held that the appellant\u2019s accrued right to claim refund arose the moment the cancellation deed was validly executed. Therefore, the Court held that the Appellant was entitled to the benefit of unamended provision of S.48(1), it further held the CCRA\u2019s order recalling its previous order is \u00a0illegal. \u00a0Directed to refund the amount with interest @ 6 percent from the date of first order.\u00a0 The Respondents are also directed to process and disburse the refund of stamp duty, already paid by the Appellants along with accrued interest as directed \u00a0within a period of four weeks\u00a0 . \u00a0Any further delay will entail further interest component @ 12% p.a. \u00a0(SLP (C) No. 21778 of 2024 dt. 24 -1 -2025 )<\/p>\n","protected":false},"excerpt":{"rendered":"
Maharashtra Stamps Act, 1958<\/p>\n
S. 48 :Application for relief under section 47 – Period for application for relief \u2013 Refund Of Stamp Duty \u2013 Amended limitation period \u2013 Deed of cancellation- Deed of rectification- Accrued right to claim refund arose the moment the cancellation deed is validly executed- Entitled to the benefit of unamended provision of S.48(1)- No Power with Chief Controlling Revenue Authority, Maharashtra State, Pune (CCRA) to recall its own order- Directed to refund the amount with interest @ 6 percent from the date of first order. [S. 47 ,50, Limitation Act, 1963 ,S.30, Registration Act, 1908 , S. 47 ] <\/p>\n","protected":false},"author":3,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_acf_changed":false,"jetpack_post_was_ever_published":false,"_jetpack_newsletter_access":"","_jetpack_dont_email_post_to_subs":false,"_jetpack_newsletter_tier_id":0,"_jetpack_memberships_contains_paywalled_content":false,"_jetpack_memberships_contains_paid_content":false,"footnotes":""},"categories":[4],"tags":[],"class_list":["post-50461","post","type-post","status-publish","format-standard","hentry","category-allied-laws"],"acf":[],"jetpack_featured_media_url":"","jetpack_shortlink":"https:\/\/wp.me\/p9S2Rw-d7T","jetpack-related-posts":[],"jetpack_sharing_enabled":true,"_links":{"self":[{"href":"https:\/\/itatonline.org\/digest\/wp-json\/wp\/v2\/posts\/50461","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/itatonline.org\/digest\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/itatonline.org\/digest\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/itatonline.org\/digest\/wp-json\/wp\/v2\/users\/3"}],"replies":[{"embeddable":true,"href":"https:\/\/itatonline.org\/digest\/wp-json\/wp\/v2\/comments?post=50461"}],"version-history":[{"count":1,"href":"https:\/\/itatonline.org\/digest\/wp-json\/wp\/v2\/posts\/50461\/revisions"}],"predecessor-version":[{"id":50462,"href":"https:\/\/itatonline.org\/digest\/wp-json\/wp\/v2\/posts\/50461\/revisions\/50462"}],"wp:attachment":[{"href":"https:\/\/itatonline.org\/digest\/wp-json\/wp\/v2\/media?parent=50461"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/itatonline.org\/digest\/wp-json\/wp\/v2\/categories?post=50461"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/itatonline.org\/digest\/wp-json\/wp\/v2\/tags?post=50461"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}