Refund of stamp duty
Sashi Kumar
(Querist) 01 June 2015
This query is : Resolved
My uncle recently got a gift deed registered under his name and by mistake he paid Rs 2 Lakh in excess stamp duty because by mistake he choose the wrong area where the property is located.
His licensed architect found out that the property is located in an area where the circle rate is very low and he has over paid.
Please advice.
Can he get a refund of the excess fee paid?
What is the process to get refund of the excess fee paid to the registrar?
How long does it take to get refund back?
P. Venu
(Expert) 01 June 2015
Since it is a gift deed, your uncle cam seek refund. However, the procedure involved is tedious.
kavksatyanarayana
(Expert) 01 June 2015
@author, as per your query, the gift deed was registered with wrong locality i.e the property where it is situated is wrongly noted instead of exact (correct) locality. Under the circumstances, refund will not be given. And any one can ask for refund, in case of (1) Where any penalty is paid under section 35 or section 40, the Chief Controlling Revenue Authority may, upon application in writing made within one year from the date of the payment, refund such penalty wholly or in part &(2) Where, in the opinion of the Chief Controlling Revenue Authority, stamp-duty in excess of that which is legally chargeable has been charged and paid under section 35 or section 40, such authority may, upon application in writing made within three months of the order charging the same, refund the excess.
Sashi Kumar
(Querist) 01 June 2015
Hello Mr kavksatyanarayana
Does that mean he can not request for refund.
or he can submit applications to the stamp collector and it will depend on his discretion to give refund or not.
T. Kalaiselvan, Advocate
(Expert) 09 June 2015
for whatever worth it is he may submit an application claiming refund of excess paid stamp duty due to oversight while selecting the area for guideline value for assessing the stamp duty. The reply given will guide you further course of action to be followed in this regard.
