AIROnline 2025 SC 47

Supreme Court Of India

(From : AIROnline 2024 BOM 1987)

Hon'ble Judge(s): Vikram Nath, Sanjay Karol, Sandeep Mehta , JJJ

(A) Maharashtra Stamp Act (60 of 1958) , S.48(1) Proviso— Refund of stamp duty - Limitation for claiming - Applicability of amended provision - By an amendment dt 24.04.2015 to S 48(1) of the Act of 1958 , time limit for seeking refund of stamp duty on registered cancellation deed was curtailed from two years to six months - Deed of Cancellation was executed on 17.03.2015 but was registered on 28.04.2015 and application for refund was filed on 06.08.2016 - Right to claim a refund arose the moment Cancellation Deed was validly executed - Constricting window of limitation retroactively, merely because registration happened post-amendment, would unduly defeat a vested cause of action - Further, denying a legitimate refund solely on technical grounds of limitation, especially when the timing of registration fell close to the legislative amendment, fails to strike the equitable balance ordinarily expected in fiscal or quasi-judicial determinations - Appellants were entitled to the benefit of the unamended proviso of Section 48(1) AIROnline 2024 BOM 1987-Reversed (Para 8 12 13 14 15 16 17) (B) Civil P.C. (5 of 1908)....