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Stamp duty – 1989 Agreement – Duty paid in 1995 under Amnesty Scheme – Deficit demand in 2016

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The petitioner – tenant co-partnership housing society – was given deemed conveyance on 11.2.2014.  The Registrar informed Society to seek opinion of Respondent No.1 Collector of Stamps for the stamp duty payable for registration of deemed conveyance deed.

By the order dated 2.5.2016, the deficit stamp duty in respect of two flats was calculated. The appeal was dismissed by the order dated 16.7.2016.

It was contended that the full stamp duty of Rs.7,060/- for Flat No.320 was paid in 1995 under the Amnesty Scheme as per the certificate dated 2.3.1995, issued under Section 41 of the Bombay Stamp act, 1958.   Now, the demand for deficit stamp duty raised in 2016 beyond six years period.   Therefore, it is barred by limitation.

Section 53A permits revision of decision under Section 41 to demand deficit stamp duty within a period of six years from the date of certificate.

Judgment dated 3.10.2024 of the High Court of Bombay (AS) in Writ Petition No.10602 of 2016 of Uma Niwas Cooperative Housing Society Vs. The Collector of  Stamps and others

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