HARSHIT HARISH JAIN VERSUS THE STATE OF MAHARASHTRA (Supreme Court) 2025 INSC 104
| COURT: | Supreme Court |
| JUDGES: | Sandeep Mehta J, Sanjay Karol J, VIKRAM NATH J |
| LEGISLATION(S): | Maharashtra Stamp Act 1958 |
| COUNSEL: | A.K. Sanghi |
| FILE: | Click here to download the file in pdf format |
| Refund of Stamp Duty under the Maharashtra Stamp Act, 1958: Whether the amended six-month limitation, introduced by the 24.04.2015 amendment to Section 48(1) of the Act governs the Appellants’ claim for stamp duty refund, particularly when the Cancellation Deed was executed prior to the amendment but registered thereafter. | |
(i) Even if one were to hold that the Appellants’ claim is examined under the amended six-month period, we are of the considered opinion that a mere technical delay should not, by itself, extinguish an otherwise valid claim. The scheme of stamp duty refund provisions is designed to ensure fairness when the underlying transaction is rescinded for bona fide reasons. The Appellants were compelled to cancel the purchase due to the developer’s inability to deliver timely possession, and were in no way remiss or at fault.
(ii) Denying a legitimate refund solely on technical grounds of limitation, especially when the timing of registration fell close to the legislative amendment, fails to strike the equitable balance ordinarily expected in fiscal or quasi-judicial determinations. A measure of discretion or consideration for good faith conduct is not alien to statutory processes that safeguard citizens from unjust enrichment by the State. It has been laid down by this Court in Bano Saiyed Parwaz v. Chief Controlling Revenue Authority & Inspector General of Registration & Controller of Stamps that the limitation provision in stamp law (to seek refund of stamp duty) should not be enforced so as to oust the remedy when the applicant is otherwise not blameworthy.
M.P. Steel Corporation v. Commissioner of Central Excise (2015) 7 SCC 58
Bano Saiyed Parwaz v. Chief Controlling Revenue Authority & Inspector General of Registration &
Controller of Stamps 2024 SCC OnLine SC 979