#Indian Stamp Act

The Patna HC held that post-registration, authorities lack jurisdiction to levy deficit stamp duty under Section 47-A(1) of the Indian Stamp Act and quashed the orders demanding it. It directed refund of any pre-deposited amounts within eight weeks, affecting buyers, sellers and revenue officials in Bihar.

Delhi HC quashed a ₹70 crore stamp duty demand on Freecharge Payment Technologies, ruling that Notification No.13 of 1937 exempts intra-group amalgamation of wholly owned subsidiaries from stamp duty under the Indian Stamp Act, 1899. The decision benefits corporate groups undertaking internal restructurings by removing stamp duty on such schemes.

The Supreme Court referred to a larger bench whether Section 47-A requires fraudulent intent for valuation references, doubting the V.N. Devadoss precedent. The reference was made solely on guideline value exceeding the instrument's consideration, with no fraud alleged against the parties.

The Calcutta High Court ruled that an insufficiently stamped agreement for sale in a specific performance suit must be impounded under the Indian Stamp Act rather than leading to dismissal of the suit. The court remanded the matter for payment of deficit stamp duty and adjudication on merits, clarifying that stamp deficiency is a curable procedural defect, not a substantive bar to relief.

A photocopy of a collaboration agreement cannot be treated as a dutiable instrument, so the stamp duty and penalty imposed were set aside and refunded with interest. This clarifies that only original, registered instruments attract stamp duty under the Indian Stamp Act, affecting parties filing such agreements.

The Punjab & Haryana HC ruled that a Collector under Section 31 Indian Stamp Act can only determine duty, not impose penalties or order recovery. It also held municipal parking contracts are leases under Section 2(16)(c) as they involve letting of tolls, and functus officio does not bar impounding powers. The decision limits revenue authorities' enforcement powers and clarifies stamp duty for public parking arrangements.

The Madhya Pradesh High Court has ruled that trial courts lack authority to classify documents as agreements to sell under Section 38(2) of the Indian Stamp Act. Only the Collector, after a proper hearing, may determine the document’s true nature and assess stamp duty - ensuring procedural fairness and preventing prejudicial pre-judgment in property disputes.

The Punjab & Haryana High Court ruled that the six-month limitation period under Section 50 of the Indian Stamp Act for refund of unused stamp papers is a statutory bar, leaving no room for condonation of delay. Property buyers and litigants must file refund claims within the prescribed period or risk forfeiture of the entire amount.

Allahabad HC rules that any party with a declared share in a partition decree can apply for engrossment on stamp papers without paying court fees. The limitation period for such applications begins from the decree's finality under Article 136 of the Limitation Act, not from the engrossment date, ensuring timely enforcement of property rights.

Madras High Court rules that any notice issued under Section 47A of the Indian Stamp Act after document registration is invalid unless due process is followed. The court quashed a deficit stamp duty notice, emphasizing procedural fairness before recovery, while granting liberty to authorities to reinitiate proceedings lawfully.

The Calcutta High Court has ruled that a duly registered deed of copyright assignment under the Copyright Act, 1957 qualifies for stamp duty exemption under Article 23 of the Indian Stamp Act, 1899, rejecting the demand for formal 'entry' as an outdated procedural hurdle. This clarifies the rights of IP assignees and eliminates a major compliance burden for copyright transactions across India.

MP High Court affirms that stamp duty valuation under Section 47-A of the Indian Stamp Act must be based on revenue records and spot inspection, even if the land is classified as agricultural. The ruling reinforces the Collector's authority to determine market value, impacting property transactions where land use classification is disputed.

Madras High Court holds that unstamped partition chits recording past oral family arrangements are admissible as evidence, subject to final determination of intent at trial.

Madras High Court holds that Sub-Registrars cannot initiate Section 33A proceedings for deficit stamp duty; only District Registrar has statutory authority.

High Court of Telangana holds that delay in refunding stamp duty violates Article 14 and natural justice; mandates timely processing under Indian Stamp Act, 1899.