Stamp duty refund

santosh Pawar (Querist) 11 April 2014 This query is : Resolved
Sir,
We made an agreement to sale document for our agriculture land.Purchaser paid full stamp duty at time of agreement. But due to some reason sale deed is not possible, so we decided to cancel the agreement.
Sir my question is how much refund the purchaser will get on the stamp duty paid. we stay in pune, maharashtra.

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Dr J C Vashista (Expert) 12 April 2014
In Delhi, if the stamp papers have not been used, within 6 months of purchase of the papers, the purchaser shall apply to area SDM for refund of the value of stamp papers,which will be verified by treasury and refund credited in Bank account of purchaser after deduction of 10% of the value of unused stamp papers.
Please check/contact it in Maharashtra through local lawyer.

Sri Vijayan.A (Expert) 12 April 2014
If it is sale deed and not registered, it can be applied to Tahsildar for refund.
After due verification, Tahsildar shall pass pay order duly deducting a prescribed value, which depends on the time from the date of purchase of stamp paper.

Rajendra K Goyal (Expert) 12 April 2014
The stamp fee can be refunded after deduction of 10% or such amount as prescribed in law within 6 months of purchase papers.

RAJU O.F., (Expert) 12 April 2014
As the sale agreement was drawn and signed in the stamp paper and hence agrement made complete, any refund of stamp duty may not be eligible.

T. Kalaiselvan, Advocate (Expert) 13 April 2014
I agree that the refund application with the Tahsildar can be entertained within six months from purchase of stamps.

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