D.B.R. CONSTRUCTIONS PVT. LTD. Vs. INSPECTOR GENERAL OF REVENUE
HIGH COURT OF BOMBAY
D.B.R. Constructions Pvt. Ltd.
Inspector General Of Revenue
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(1.) The challenge in this petition is to the judgment and order dated 25th April 2017 passed by the respondent No.1 in Appeal
No.72 of 2010. By the impugned order the respondent No.1, while
dismissing the appeal filed by the petitioner has confirmed the order
dated 27th September 2010 passed by the respondent No.2, Collector
of Stamps, refusing to grant refund of a stamp duty of
(2.) The brief facts are that the petitioner had entered into an agreement (Styled as a Development Agreement) on 23 rd June
2009 for which the petitioner had paid a stamp duty of Rs.11,50,000/-. The said agreement was registered in the office of
the Joint Sub Registrar, Thane. According to the petitioner on
account of the rise in prices in the real estate market, the transaction
fell through and the owner refused to deliver possession of the said
property. In such circumstances, by a deed of cancellation dated 24 th
December 2009, the agreement dated 23 rd July 2009 was cancelled.
The cancellation deed is also registered in the office of the Joint Sub
(3.) The petitioner in such circumstances, filed an application before the respondent No.2 on 29 th March 2010 seeking
refund of the stamp duty. According to the petitioner the claim of
refund is covered by Section 47(c)(5) of the Maharashtra Stamp Act
('Act' for short). It was the specific case made out that the
agreement dated 23rd July 2009 was a 'development agreement-
cum-agreement of sale' and therefore the limitation for claiming
refund is governed by the proviso to Sub-Section 1 of Section 48 of
the said act.;
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