VidhiSangh

Supreme Court of India · 24/01/2025

HARSHIT HARISH JAIN & ANR. versus THE STATE OF MAHARASHTRA & ORS.

[2025] 1 S.C.R. 934 · 2025 INSC 104

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Summary

Purchasers who cancelled a flat booking by a deed executed before the 24.04.2015 amendment to Section 48(1) of the Maharashtra Stamp Act, but registered after it, were held entitled to the unamended two-year period for claiming refund of stamp duty, because their right accrued on execution and a shortened limitation cannot defeat an accrued right. The Chief Controlling Revenue Authority also had no power to recall its order granting the refund. The refund was restored with interest.

Issues

  1. Whether the six-month limitation introduced by the 24.04.2015 amendment to Section 48(1) of the Maharashtra Stamp Act, 1958 governs a refund claim on a cancellation deed executed before the amendment but registered after it.
  2. Whether a technical delay should defeat a bona fide refund claim where the purchasers were not at fault.
  3. Whether the Chief Controlling Revenue Authority could review or recall its own order sanctioning the refund, and whether the purchasers' participation in the later proceedings conferred that power.

Provisions considered

Held

Result

Appeal allowed; the High Court's judgment set aside and the writ petition allowed. The CCRA's recall orders, including that of 16.12.2022, quashed and its order of 08.01.2018 granting refund restored. Refund of Rs. 27,34,500 with 6% simple interest from 08.01.2018 to be paid within four weeks, failing which interest at 12% a year; no costs.

Judgment PDF: Supreme Court of India, [2025] 1 S.C.R. 934.