Challenge to Govt stamp duty
Recently I purchased a property in commercial zone of Shiroli (Pulachi)Grampanchayat,Kolhapur,Maharashtra.Total area of property is 2100 sq feet,among that 1100 sq feet is RCC construction and remaining are shed type.As per Govt calculations its valuation became 50 lac.I purchased it in 23 lac.So I have to pay Income tax for remaining amount.Also I paid stamp duty of almost 3 lac.I feel there is something mistake in Govt calculations.Can I challenge to this calculation?So that my stamp duty get refund and save my tax too.Please suggest solution.Thank You
Asked 2 years ago in Property Law from Kolhapur, Maharashtra
1) stamp duty payable on purchase of property is as per ready reckoner rates
2) even if you purchased property for 23 lakhs you will have to pay stamp duty on Rs 50 lakhs as per circle rate
3) value fixed is not final but only a prima facie rate prevailing in an area. It is open to the registering authority as well as the person seeking registration to prove the actual market value of property. The authorities cannot regard the guideline valuation as the last word on the subject of market value.
4) you can submit document to collector for adjudication of stamp duty . The charge ability of stamp duty on the instrument as determined by the Collector of Stamps is not final. The person affected by the order of the Collector of Stamps can go in appeal to the Chief Controlling Revenue Authority, Maharashtra State, Pune as provided in section 53 of the Bombay Stamp Act, 1958, limit prescribed for the filing of an appeal is within 60 days.
Hi, As per the guideline value you have to pay the staamp duty suppose if you paid any extra amount then only you are entitled for repayment of the excess amount.
file an application before the registrar for over valuation of property and refund of excess stamp duty. according to section 10/26/31/34 of stamp act when excess stamp duty has been paid the registrar has authority to reevaluate the property and make order for refund of excess amount.
The calculation of stamp duty depends up on the sale consideration mention in the document (sale deed). If the valuation calculated excess than original ,then file an application before the registrar for re calculation and refund of excess amount. If they found the amount calculated is in excess approach the collector. collector is the authority for adjudication of stamp duty.
Has it been registered below the circle rate? On what basis do you question the computation of stamp duty? A mere 'feeling' will not get you any relief from the court, there has to be some legal basis to claim the computation is illegal.
The applicable stamp duty is based on the guide lines value of the respective area. The stamp duty paid is for the property and not for the building. The building taxes are to be paid as per the assessment made by the civil body and not the registration department.
If you feel that you have paid any excess stamp duty, you may apply for re-calculation of the same based on the relevant factors you rely upon and apply for refund of excess duty paid