Refund of stamp duty

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abhisheksinha (Querist)
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04 October 2012 Can any one help me...

i had paid stamp duty to Andhra pradesh government on 30-12-2009 of Rs.5,50000 for purchase of land but due to cause of some personal reason i could not Registered land till now stamp paper is with me and unused can i take refund of that money which is paid by me.

CA Ayush Agarwal

CA Ayush Agarwal (Expert)
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04 October 2012 Stamp duty refund rules (this only covers stamp duty not registration charges)

Refund of stamp duty is granted on
(i) spoiled paper
(ii) blank document
(iii) document executed but afterwards found to be unfit due to some reason and
(iv) in some cases of documents executed and registered
Spoiled Paper
In case of spoiled paper or blank document whether franked or on stamp paper, refund should be claimed within six months from the date of purchase of stamp paper or franked Document.
Executed Document (printed and signed document):
In case of document executed but afterwards found to be unfit due to some valid reason, refund should be claimed within six months from the date of purchase of stamp paper or franked Document.
Executed and Registered Documents:
In case of documents which are executed and registered but for some reason physical possession of property mentioned in the Document has not been handed over to the purchaser then in that case refund should be claimed within two years from the date of document.
Procedure to claim refund:
An application for refund on a standard format should be submitted at the concerned Collector of Stamps office, along with the original document and an acknowledgement should be obtained. Subsequently one must follow up with the officer concerned for early disposal of the case. Standard format of refund application along with checklist/formats of other papers/affidavits/power of attorney required with application is available at concerned collector of stamps office.
Refund is granted strictly as per the provisions of section 47 to 52A of The Bombay Stamp Act, 1958 and relevant rules and notification. Hence one is requested to thoroughly check about provisions, rules and notifications and treat above information only as a general guideline.
Collector of Stamps are very strict in regards to refund and a mistake in any of the refund application paper will lead to rejection of refund hence proper legal help should be availed if one is not very clear about the provisions of law.
These guidelines are for claiming stamp duty only.Registration charges are not covered here.Registration charges can also refunded.Please check the rules regarding the same.

Courtesy:DNA newspaper 12.May.1012

abhisheksinha

abhisheksinha (Querist)
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04 October 2012 thnks for suggestion but in my case what consequences can be happened??

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U S Sharma

U S Sharma (Expert)
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04 October 2012 you have to get in touch with your legal advisor, who was handling the case.

coz once purchased , it gets to be utilized within 1 year, and as per you, the case is much old, so ask his opinion as he is expertise in local govt affairs, and seek help of him , if he can manage it otherwise.