KASTHMANDUP DEVELOPERS PVT. LTD Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) By the present Writ Petition, Petitioner has prayed for the following reliefs :-

(2.) Petition takes exception to the order dtd. 1/9/2016 passed by Respondent No.2 - Chief Controlling Revenue Authority and Registrar General of Stamps, Maharashtra rejecting Petitioner's case for refund of stamp duty amount of Rs.3,23,75,615.00.

(3.) In anticipation of executing a Deed of Assignment for Development rights, Petitioner paid an amount of Rs.3,23,75,615.00 to the Collector of stamps as an advance payment against stamp duty that would be liable to be paid for the said Deed of Assignment which was to be executed on 27/4/2011. Admittedly, the aforesaid amount was paid on the unexecuted Deed of Assignment as an advance. Further, admittedly the Deed of Assignment for development rights was not executed. Instead the Deed of Assignment was substituted with two separate documents viz; Development Agreement dtd. 2/5/2011 and Tripartite Deed of Cancellation of Development rights dtd. 10/9/2011. Once again admittedly Petitioner paid the appropriate ad-valorem stamp duty amount on the Development Agreement and the Tripartite Deed of Cancellation.