UP Stamp Act | 2021 Amendment Imposing Limitation On Refund Not Applicable To Agreement Entered Prior To Amendment: Allahabad HC
6 days, 20 hours ago

UP Stamp Act | 2021 Amendment Imposing Limitation On Refund Not Applicable To Agreement Entered Prior To Amendment: Allahabad HC

Live Law  

The Allahabad High Court has quashed an order rejecting refund of stamp duty, holding that a retrospective amendment in 2021 to the state stamp act imposing a limitation period cannot extinguish a right based on the agreement entered into prior to the amendment. vs. State of Maharashtra & Ors a division bench of Justice Shekhar B. Saraf and Justice Vipin Chandra Dixit said: "Upon perusal of the averments made, the documents annexed and after going through the ratio of Supreme Court in Harshit Harish Jain & Anr, we are of the view that in the present case the impugned order rejecting the refund of the petitioners is passed on technical reasons only. From the facts, it is clear that the agreement between the parties has taken place prior to the amendment that has been carried in the stamp papers, and accordingly, following the ratio of the Supreme Court Judgment, it is crystal clear that the benefit of refund of the stamp duty would be applicable in the present case". The high court observed that the order rejecting refund of stamp duty did not consider the ratio of the Supreme Court judgement.

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History of this topic

Maharashtra Stamp Act | Limitation Period For Refund Starts From Execution Of Cancellation Deed, Not Its Registration: Supreme Court
1 month, 3 weeks ago

Maharashtra Stamp Act | Limitation Period For Refund Starts From Execution Of Cancellation Deed, Not Its Registration: Supreme Court

Live Law  

Observing that the right to claim a refund of stamp duty originates from the date of execution of the cancellation deed, the Supreme Court on Friday directed the refund of stamp duty to flat owners whose claim had been rejected on limitation grounds. The bench comprising Justices Vikram Nath, Sanjay Karol, and Sandeep Mehta was hearing the case relating to …

Revocation of GST Registration Can't Be Rejected Solely For Delay In Moving Revocation Application: Allahabad High Court
2 years, 3 months ago

Revocation of GST Registration Can't Be Rejected Solely For Delay In Moving Revocation Application: Allahabad High Court

Live Law  

The Allahabad High Court has held that the rejection of registration solely on the ground of delay in moving the revocation application is not sustainable in law when the entire tax is deposited.The single bench of Justice Rohit Ranjan Agarwal has observed that once the department has accepted the return and there are no outstanding dues, the department should not …

Refund Of Stamp Duty Cannot Be Denied On Ground Of Delay If Application Got Belated Due To Judicial Proceedings : Supreme Court
3 years, 5 months ago

Refund Of Stamp Duty Cannot Be Denied On Ground Of Delay If Application Got Belated Due To Judicial Proceedings : Supreme Court

Live Law  

The Supreme Court has exercised powers under Article 142 of the Constitution to order refund of stamp duty to a person, noting that the delay in making the application was due to the delay in deciding his consumer case before the National Consumer Disputes Redressal Commission.The Court decided to exercise the powers under Article 142, after noting that there was …

Constitution Guarantees Right To Trade, Not Profit-Allahabad High Court Dismisses Stamp Venders' Plea Seeking Continuation Of Stamp Papers in Physical form
3 years, 11 months ago

Constitution Guarantees Right To Trade, Not Profit-Allahabad High Court Dismisses Stamp Venders' Plea Seeking Continuation Of Stamp Papers in Physical form

Live Law  

The Allahabad High Court recently dismissed a writ petition filed by the All UP Stamp Vendors Association, seeking continuation of judicial and non-judicial stamp paper in its physical form. It has been held, "if the submission addressed on behalf of the petitioners be accepted in literal terms, it would essentially mean recognizing a right vesting in them to compel the …

'Stamp Duty Cannot Be Levied On Contract Security': Allahabad HC Raps State Govt For Ignoring Previous Judgments [Read Order]
4 years, 6 months ago

'Stamp Duty Cannot Be Levied On Contract Security': Allahabad HC Raps State Govt For Ignoring Previous Judgments [Read Order]

Live Law  

In a recent judgement, the Allahabad High Court rapped the state authorities for overlooking a trite law that stamp duty cannot be levied on contract security. "This issue had arisen before this Court before one and a half decades but it appears that the authorities concerned have not shown that the said decision is binding on them as a similar …

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