Refund of Stamp Duty

Limitation Period

Refund of Stamp Duty has to claim within 6 months (limitation period) for claming 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.

The party desiring to have refund of taxation (Stamp Duty) must apply to the concerned District Collector / Sub-Collector / Deputy Collector / R.D.O / Tehsildar under section2(9) of Indian Stamp Act, (I. S. Act) through the Sub-Registrar dully mentioning the explanations for seeking refund beside challan and receipt in original issued by the selected Bank branch.

The Sub-Registrars on receipt of such application can verify the scroll P.C.R etc once satisfying that the challan and receipt are genuine and haven't been utilized can issue the certificate to it have an effect on. Basing on the certificate issued by the Sub Registrar (S.R.) the amount are refunded after deducting 10% of the entire amount of Stamp.

We have provided list of Collector of Stamps Offices in Maharashtra.

Q1. What is a validity period for claiming Stamp Refund ?

For claming refund of stamps is 6 months from the date of purchased of the stamps and on fulfilling the condition as per Chapter V of Bombay Stamp Act, 1958 as per the various provisions of sections 48, 49, 50, 51, 52, 52, 52A, 52B of the said Act.

On what ground one can claim stamp duty refund ?

1. Paid excess stamp duty or penalty.
2. Un-used stamp papers or spoiled stamp papers.
3. Cancellation of a document where judicial stamp paper is required but non-judicial used or vice-a-versa.
4. As per court order stamp duty refund.
5. If the stamp duty has been deducted two times on the same document.
6. Paid online stamp duty to different departments or different heads.
7. Cancellation of the agreement with the builder or vendor.

The Maharashtra state government has amended section 48 (pertaining to property sales) of the Bombay Stamp Act, 1958, to allow flat buyers to get stamp duty refunded up to two years after the cancellation of the agreement with the builder. Earlier, it was six months.

How can one claim if Agreement for Sale of immovable property is registered and seller refuse give the possession of the said property ?

The application of refund of stamp duty can be made within 2 years from the date of execution or the said agreements for sale is canceled by separate deed of cancellation, by recording the facts for cancellation on the ground of dispute such as (inadequate finance, financial dispute in terms of agreed consideration, suppression of any material fact or dispute regarding the property, etc) executed by both the parties and register the same can apply for relief under section 48 of Bombay Stamp Act, 1958.

Where can I claim the Refund of the Stamp Duty?

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.

List of Document to be submited 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.

If the Stamp Duty is paid through FRANKING

1. Hyper Terminal report Or Certificate of M/s. Pitney Bows Co. near franking impression.

2. Ink cartage (True copy).

3. Certificate of stamp vendor on his letter head.

GRAS CHALLAN

1. Success report

2. Copy of E-Challans

"E-Stamp"

1. True copy of page of computer register.

2. If document is Unregistered-Reports of collector of stamps about locking of E-Stamps.

3. If document is registered-Report of sub-Registrar about locking of E-Stamps.

Online Stamp Duty Refund
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The Registration and Stamp Authority, Maharashtra Government, Pune have provided the online refund module for the citizen to make online application refund of stamp duty on their official website. The link provided will open in seprate window.

Physcial Submission of Application for Stamp Duty Refund Application.