• Stamp duty refund if paid in excess

Hello 

I have paid stamp duty @ 6% on 18th March 2020 and after that lock down was announced.

We got Sale Agreement registered on 20th November dated 15th September 2020. Current Stamp Duty rate is 2%.

Can We claim refund of excess paid
Asked 3 years ago in Property Law
Religion: Hindu

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11 Answers

The maharashtra Government has reduced the stamp duty but that is from the date of the Government order. It will not be retrospective.

Therefore if you purchase or sell the property before the daye of notification then you are not eligible for refund or discount.

Rahul Mishra
Advocate, Lucknow
14088 Answers
65 Consultations

5.0 on 5.0

The notification is prospective and not retrospective

Yusuf Rampurawala
Advocate, Mumbai
7514 Answers
79 Consultations

5.0 on 5.0

Dear Sir/Madam,

It is suggested that that you are suggested to make humble application to the concerned authorities for refund of extra stamp duty paid by you. 

Ganesh Singh
Advocate, New Delhi
6757 Answers
16 Consultations

4.5 on 5.0

Hello,

  1. As your Agreement is dated 15th September and the announcement was valid from 1st September to 31December you can claim a proportionate refund, pro rata.
  2. You must apply for refund showing the reason as you have registered the property when the offer was still valid.

S J Mathew
Advocate, Mumbai
3548 Answers
175 Consultations

5.0 on 5.0

File an application for refund of excess stamp duty paid 

Ajay Sethi
Advocate, Mumbai
94723 Answers
7535 Consultations

5.0 on 5.0

Yes, you can claim back the amount you have paid in excess while registering your sale agreement.

Krishna Kishore Ganguly
Advocate, Kolkata
27219 Answers
726 Consultations

5.0 on 5.0

- Since, your registration of sale agreement has taken place on 20 November , then the current stamp duty will be applicable for the same . 

- Hence , you can seek refund of the excess paid .

- Move an application for getting the refund of excess paid. 

Mohammed Shahzad
Advocate, Delhi
13224 Answers
198 Consultations

5.0 on 5.0

1. Stamp Duty is applicable on the date of the agreement, irrespective of the fact that document was registered at another subsequent date.  IF you had abandoned the earlier agreement and declared that deal is cancelled at that time then you would be entitled to refund of entire stamp Duty.  AFTER this you could have executed a new agreement in Nov-2020.

2. However, you are advised to apply to the IGR office (Bandra) with the facts and request for refund of such stamp duty.  Do this thru a local Registration Agent.

Keep Smiling .... Hemant Agarwal
VISIT: www.chshelpforum.com

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

5.0 on 5.0

Refund of STAMP DUTY has to claim within 6 months (limitation period) for claiming the Stamp Duty. Stamp Duty is refunded after deducting 10% of the total amount of Duty Paid, but refund of payment made through e-payment, the deduction is Rs. 1000 per challan.

Maharashtra State Government has provided online facilities to the public for the refund of Stamp Duty is made easily available to the Public, is in force anytime anywhere.

Department of Registration & Stamps, Inspector General of Registration & Controller of Stamps, Maharashtra State, Pune currently.

Begin accepting on-line Refund application from anywhere anytime. (Maharashtra State Only)

* Applicant can fill refund application online anytime.

* Applicant can download acknowledgement, it gives the details which Applicant has entered in the application.

* Applicant has to submit physical documents in the Collector of Stamps office.

* Collector of Stamps will process this case.

* Applicant can view status online.

The applicant has to fill online form and has to submit it and take two copies of printout of the submitted acknowledgement after which he has to submit the documents physically to the concerned office on the same day as submission of online application. The entire department process shall be physical with required details information and progress being captured online. This will help applicant to check its status about refund requests online.

Paid excess stamp duty or penalty. is one of the reasons for which refund can be claimed.

 

List of Document to be submitted for getting Refund of Stamp Duty

  1. Original instrument with one Xerox copy.
  2. Original Receipt of purchased stamps
  3. Affidavit in prescribed format.
  4. Jabab
  5. Certificate of Collector of stamps for genuine of stamps
  6. Reconciliation Certificate of Treasury or Success Report
  7. If stamps are purchased on behalf of the any party, then No objection Certificate of the Stamp Purchaser(s). (Optional)
  8. If there are more purchasers in the Instrument and one purchaser applied for the refund, No Objection Certificate of the remaining purchasers. (Optional)
  9. True copy of sale of stamps register.
  10. Certificate of sale of stamp.
  11. Power of Attorney, If any person other than purchaser of stamp applied for the refund. (Optional)
  12. True copy of deposited challan in Treasury.


T Kalaiselvan
Advocate, Vellore
84925 Answers
2195 Consultations

5.0 on 5.0

Dear Client,

It would better if dont get refund of the excess Stamp Duty.

Jaswant Singh
Advocate, Gurugram
929 Answers
2 Consultations

4.8 on 5.0

You can request a refund for the amount. 

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

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