#Maharashtra Stamp Act

The Bombay High Court held that stamp duty on a Joint Development Agreement cannot be levied on future contingent development rights as if they were present vested rights, quashing orders that inflated valuation beyond rights existing on the execution date. The ruling clarifies that valuation under Article 5(g-a)(i) must reflect only the development rights actually transferred at the time of agreement execution, protecting developers from excessive duty demands on speculative future entitlements.

The Bombay High Court ruled that technical grounds of limitation cannot defeat a bona fide refund claim for unused stamp duty paid via e-SBTR where the State unjustly retains funds. The judgment reinforces restitution principles under Section 48(2) of the Maharashtra Stamp Act, 1958, impacting parties facing administrative errors in stamp duty payments.

The Bombay High Court has ruled that once stamp duty is paid on a registered Agreement for Sale deemed a conveyance under Article 25 of the Maharashtra Stamp Act, no further duty is payable on the subsequent Conveyance Deed. This prevents double taxation in property transactions and provides clarity to housing societies and buyers navigating post-agreement transfers.

Bombay High Court holds that cost of constructing Permanent Transit Camp cannot be added to consideration for stamp duty under Guideline No. 26 of Maharashtra Stamp Act.

Bombay High Court holds that stamp duty under Maharashtra Stamp Act is leviable only on the NCLT order as instrument, not on separate amalgamation transactions.