Legal

Section 53A – Maharashtra Stamp Act – Order passed after six years

 

On 12.12.2003, the petitioner executed agreement of sale with a developer for purchase of office premises for Rs.1,65,97,620/- and paid stamp duty of Rs.16,59,950/-. 

 From 2007 to 2012, notices under Section 53A of the Stamp Act were issued for deficit stamp duty.  By the order dated 14.8.2012 of the respondent no.2, the deficit stamp duty of Rs.8,21,000/- was demanded on the instrument dated 15.12.2003.

 HELD that Section 53A(1) provides for maximum of 6 years from the date of the certificate for not only exercising the power but also to pass an order for recovery of deficit stamp duty.  After initiation of the proceedings, the reasonable period to conclude the same would be maximum 2 years. The period of two years from the date of initiation of proceedings would expire on 2.3.2009 because the first Section 53A notice was issued on 2.3.2007 and the impugned order was passed on 14.8.2012.   Therefore, on this count also, the impugned orders are passed beyond the limitation period.

 In revenue matters, the proceedings cannot be kept in abeyance for a long period.   The reasonable period has to be construed based on the scheme of the Act.  Thus, even if the period of six years for initiation and conclusion of proceedings is considered, still the impugned order was passed after more than eight years.

 Judgment dated 7.8.2025 of the High Court of Bombay in Writ Petition No.2757 of 2012 of Sony Mony Electronics Limited   Vs.   state of Maharashtra through Collector of Stamp and another

Leave a Reply

Your email address will not be published. Required fields are marked *

I HAVE READ THE DISCLAIMER AND AGREE TO IT.

User Acknowledgement

By proceeding further and clicking on the "AGREE" button herein below, I acknowledge that I of my own accord wish to know more about LegalDeli for my own information and use. I further acknowledge that there has been no solicitation, invitation or inducement of any sort whatsoever from LegalDeli or any of its members to create an Attorney-Client relationship through this knowledge site. I further acknowledge having read and understood the Disclaimer below.

Disclaimer
About: This knowledge-site (www.LegalDeli.in) is owned and operated by LegalDeli (“NDA”), and is a resource for your informational and educational purposes only.

No Warranty: NDA does not warrant that any content or information contained on this knowledge-site is accurate, correct, complete or up-to-date, and hereby disclaims any and all liability to any person for any actual or threatened loss or damage caused by errors or omissions, whether such errors or omissions result from negligence, accident or otherwise. NDA assumes no liability for the interpretation and/or use of the content and/or information contained on this knowledge-site, nor does it offer any warranty of any kind, either expressed or implied in relation to such content or information.

Third-Party Links: NDA does not intend that links / URLs contained on this knowledge-site re-directing users to third party websites be considered as referrals to, endorsements of, or affiliations with any such third party website operators. NDA is not responsible for, and makes no representations or warranties, express or implied, about the content or information contained on such third party websites to which links may be provided on this knowledge-site.

No Legal Advice: By clicking ‘I agree’ and proceeding further, you acknowledge, represent and undertake that you on your own accord wish to know more about NDA, its capabilities and research content and information contained on the knowledge-site, for your own knowledge and personal use. The content and information contained on this knowledge-site should not be construed as nor relied upon as legal advice. You as a reader or recipient of content or information contained in this knowledge-site should not act, nor refrain from acting, based upon any or all of such content or information, but should always seek the advice of competent legal counsel licensed to practice the relevant law in the appropriate jurisdiction.

No Attorney-Client Relationship: This knowledge-site is not intended to be and you should not consider the content or information contained therein to be an advertisement, solicitation, inducement or invitation for an Attorney-Client relationship. Transmission, receipt or use of this knowledge-site, including content and information contained therein, does not constitute nor create an Attorney-Client relationship between NDA and you.