As per case facts, the Petitioner paid stamp duty and registration fees via an e-SBTR, but it contained an incorrect registering office. The Sub Registrar rejected it, and efforts to ...
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Sayali
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO.2950 OF 2019
1.Chandrasekhar Subramanian ... Petitioner
Vs.
1.The Inspector General of Registration
and Controller of Stamps, Pune
Maharashtra
2.Collector of Stamps, Mumbai
3.Additional Controller of Stamps,
Mumbai ... Respondents
Mr. Zerick Dastur with Ms. Jennifer Sanjana, for
Petitioner.
Mr. A. I. Patel, Additional GP with Ms. Mamta
Shrivastava, AGP for State-Respondent nos. 1 to 3.
CORAM :AMIT BORKAR, J.
RESERVED ON :JULY 20, 2026.
PRONOUNCED ON:JULY 21, 2026
JUDGMENT:
1.The present petition challenges the order dated 27 April
2017 passed by Respondent No. 1. By the said order, Respondent
No. 1 rejected the Petitioner's appeal seeking refund of Rs.
1
SAYALI
DEEPAK
UPASANI
Digitally signed by
SAYALI DEEPAK
UPASANI
Date: 2026.07.21
14:59:26 +0530
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2,87,400/-. This amount had been paid towards stamp duty of Rs.
2,57,400/- and registration fees of Rs. 30,000/- through an e-
Secured Bank and Treasury Receipt (e-SBTR) bearing No.
13002984750403 dated 28 December 2013.
2.On 28 December 2013, the Petitioner paid Rs. 2,57,400/-
towards stamp duty and Rs. 30,000/- towards registration fees
through the e-payment system. An e-SBTR was generated as proof
of payment. On 8 March 2014, after obtaining the e-SBTR, the
Petitioner and some other officials of Air India went to the office of
the Joint Sub Registrar, Thane, to register the sale deeds of their
respective flats. They produced the e-SBTR as proof of payment of
stamp duty and registration fees. At that time, the Joint Sub
Registrar informed them that the office mentioned in the e-SBTR
was wrongly shown as "Mumbai City". According to the
authorities, it should have been shown as "IGR 120. THN_8 No. 8
Joint Sub Registrar, Thane". The Petitioner was informed that
unless this mistake was corrected, the sale deed could not be
registered.
3.Thereafter, the Petitioner approached different registration
offices in Mumbai as well as the office of the Collector of Stamps,
Mumbai, for correction of the error in the e-SBTR. Despite making
repeated efforts and approaching several offices, the Petitioner
could not get the mistake corrected. Since the earlier e-SBTR could
not be corrected, the Petitioner, on 30 December 2014, again paid
Rs. 2,83,000/- towards stamp duty and Rs. 30,000/- towards
registration fees. A fresh GRAS GRN bearing No.
MH004884977201415R and CIN No. 69103332014123054723
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were generated. A new e-SBTR dated 30 December 2014
containing the correct details was thereafter issued to the
Petitioner. After receiving the corrected e-SBTR, the sale deed
relating to the flat was executed and registered on 31 December
2014.
4.On 20 February 2015, the Petitioner applied to Respondent
No. 2 for refund of the amount paid under the unused e-SBTR
dated 28 December 2013. By an order dated 15 June 2015,
Respondent No. 2 rejected the Petitioner's refund application on
the ground that it was barred by limitation. The Petitioner
challenged the said order by filing an appeal before Respondent
No. 1. However, by the order dated 25 April 2017, Respondent No.
1 also rejected the appeal on the same ground that the claim for
refund was barred by limitation.
5.Mr. Dastur, learned Advocate appearing for the Petitioner,
submitted that the Respondents have committed an error in
rejecting the Petitioner's refund application on the ground that it
was not filed within six months from the date of purchase of the e-
SBTR. According to him, the authorities have wrongly calculated
the period of limitation. He submitted that the Petitioner's case is
governed by Section 48(2) of the Maharashtra Stamp Act and not
by the provision relied upon by the Respondents. According to
him, the facts pleaded in the petition clearly show that the
Petitioner's case satisfies the requirements of Section 48(2).
Therefore, the impugned order has been passed on an incorrect
understanding of the law and cannot be sustained.
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6.Learned counsel further submitted that because the
authorities did not permit the use of the original e-SBTR, the
Petitioner was compelled to make a fresh payment towards stamp
duty and registration fees for the very same transaction. As a
result, the Petitioner has paid the stamp duty and registration fees
twice, whereas only one payment was actually utilised for
registration of the sale deed. He submitted that despite the earlier
payment remaining completely unused, the Respondents have
refused to refund the amount. He further submitted that the
Petitioner had also filed an application seeking condonation of
delay in making the refund application and, considering the facts
and circumstances of the case, the delay, if any, deserved to be
condoned and the refund ought to have been granted.
7.Ms. Shrivastava, learned AGP appearing for the Respondents,
submitted that the Petitioner's reliance on Section 48(2) of the
Maharashtra Stamp Act is misplaced. According to her, Section
48(2) applies only when the original instrument cannot be
surrendered for cancellation because of unavoidable circumstances
and the application for refund is made within six months from the
execution of the substituted instrument. She submitted that the
present case does not satisfy these conditions. She pointed out that
the Petitioner had purchased the e-SBTR on 28 December 2013
and the alleged spoilage took place on 8 March 2014, when the
Sub Registrar refused to accept it. Therefore, the Petitioner could
have applied for refund immediately thereafter but failed to do so.
She further submitted that the fresh payment made on 30
December 2014 was not because of any unavoidable circumstance.
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According to her, it became necessary only because of the
Petitioner's own mistake in mentioning the wrong registration
office while generating the original e-SBTR. She also submitted
that the limitation prescribed under Section 48 is mandatory and
cannot be relaxed unless the statute itself permits it.
8.Learned AGP further submitted that despite having sufficient
opportunity, the Petitioner did not apply for refund either within
six months from 28 December 2013, when the e-SBTR was
purchased, or within six months from 8 March 2014, when the
Thane Sub Registrar refused to accept it. Instead, the Petitioner
made a fresh payment of Rs. 3,13,000/- on 30 December 2014,
executed the sale deed on 31 December 2014 and thereafter got
the document registered on 24 February 2015. It was further
submitted that the refund application was filed only on 20
February 2015. According to the Respondents, this was nearly
eleven months after the alleged spoilage on 8 March 2014.
Therefore, the application was clearly beyond the prescribed
period of limitation. Learned AGP also submitted that under the
Maharashtra e-Payment of Stamp Duty and Refund Rules, 2013,
the e-SBTR system requires correct particulars, including the name
of the registering office. This requirement is necessary to maintain
jurisdictional control and to prevent misuse of the system. She
submitted that the mistake in the present case was committed
either by the Petitioner or by the bank through which the payment
was made and not by the Respondents. According to her, the Rules
do not provide for correction of such mistakes after the prescribed
period, as such restrictions are intended to protect public revenue.
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9.As regards the claim for interest, learned AGP submitted that
no interest is payable because the Petitioner is not entitled to any
refund. She further submitted that even otherwise, the Act does
not provide for payment of interest unless the delay is attributable
to the State and is shown to be mala fide. According to her, there is
no such allegation or material in the present case. She submitted
that the law protects those who are diligent in enforcing their
rights and not those who remain inactive. According to her, after
the Sub Registrar, Thane refused registration on 8 March 2014, the
Petitioner did not take prompt steps for seeking refund. Learned
AGP lastly denied the Petitioner's contention that the impugned
order was passed by an officer who had not heard the matter. She
submitted that this allegation is incorrect. According to her, the
same officer who heard the Petitioner also passed the impugned
order. She further submitted that the order is dated 25 April 2017
and not 27 April 2017 as stated in the petition. According to her,
on 27 April 2017 only a covering letter forwarding the order was
issued from the office. She submitted that the officer concerned
continued to hold the post till 27 April 2017 and was relieved from
office only on that date. A copy of the relieving order dated 27
April 2017 has been placed on record in support of this contention.
10.On the above grounds, learned AGP submitted that the writ
petition has no merit. According to her, the Petitioner has failed to
make out any case for interference. She submitted that the
impugned orders are reasoned orders passed after giving the
Petitioner an opportunity of hearing and in accordance with the
principles of natural justice. She, therefore, prayed that the writ
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petition be dismissed with exemplary costs.
REASONS AND ANALYSIS:
11.I have considered the pleadings, the documents placed on
record, the impugned orders, the rival submissions advanced by
the learned counsel appearing for the parties and the provisions of
the Maharashtra Stamp Act, 1958, the Registration Act, 1908 and
the Maharashtra e Payment of Stamp Duty and Refund Rules,
2013. The dispute is whether the Petitioner's claim for refund of
the amount paid under the first e SBTR has been rightly rejected
only on the ground of limitation.
12.The first objection raised by the Respondents is that Section
48(2) of the Maharashtra Stamp Act has no application to the facts
of the present case. According to the Respondents, the provision
applies where the original instrument cannot be surrendered
because of unavoidable circumstances and another instrument is
executed in its place. It is submitted that the Petitioner made a
second payment because of his own mistake while generating the
first e SBTR and therefore the second payment cannot be treated
as a substituted instrument.
13.Section 48(2) regulates of cases where the original
instrument cannot be surrendered because of unavoidable
circumstances and another instrument is executed. On a plain
reading, the provision is intended to protect a person who, without
any fault on his part, is compelled to execute another instrument.
At the same time, the expression "unavoidable circumstances" is
not defined in the Act. Therefore, its meaning has to be gathered
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from the facts of each case.
14.In the present case, it is not disputed that the first e SBTR
was purchased on 28 December 2013. It is not disputed that when
the Petitioner approached the Joint Sub Registrar, Thane on 8
March 2014, the document was not accepted because the
registering office mentioned in the e SBTR was shown as Mumbai
City instead of the concerned office at Thane. The Petitioner
thereafter approached different authorities seeking correction of
the e SBTR. The Respondents do not dispute that no correction
was carried out. The Petitioner was required to make a fresh
payment on 30 December 2014 and thereafter could the sale deed
be registered.
15.Therefore, although the Respondents describe the second
payment as voluntary, the surrounding circumstances do not
support that description. The record indicates that the Petitioner
attempted to get the original e SBTR corrected. Thereafter, another
payment made. Prima facie, the second payment appears to have
become necessary because the authorities declined to accept the
earlier e SBTR. Whether this situation falls within Section 48(2) is
another matter. However, it cannot be held that the second
payment was voluntary.
16.The next objection of the Respondents is that limitation
commenced either from 28 December 2013, when the first e SBTR
was purchased, or at least from 8 March 2014, when the Sub
Registrar refused registration. According to them, the Petitioner
ought to have applied for refund immediately and his application
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filed on 20 February 2015 is beyond limitation.
17.The Respondents proceed on the footing that the Petitioner's
right to seek refund became complete on 8 March 2014. However,
the material placed on record shows that after the refusal by the
Sub Registrar, the Petitioner continued approaching offices for
rectification of the e SBTR. It is after those attempts failed that
another payment was made on 30 December 2014.
18.Viewed in this background, the question is whether
limitation should begin because the Sub Registrar declined
registration on particular date, even though the Petitioner was
pursuing rectification before the competent authorities. This aspect
assumes significance because if rectification had been permitted,
no occasion would have arisen either for a second payment or for
seeking refund. Therefore, the cause of action cannot be examined
in isolation from the conduct of both parties.
19.The Respondents have argued that the mistake in the e SBTR
was attributable either to the Petitioner or to his banker and the
State cannot be made responsible.
20.The question before this Court is not whether the mistake
was committed by the Petitioner. The question is whether the State
can retain stamp duty paid under an e SBTR which was never
utilised, merely because the refund application has been treated as
barred by limitation.
21.The Supreme Court in Harshit Harish Jain v. State of
Maharashtra, (2025) 3 SCC 365, while interpreting Section 48 of
the Maharashtra Stamp Act, has explained that the provision
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relating to limitation cannot be applied in a manner which defeats
an accrued right. In paragraph 17, the Court observed that the
High Court had placed undue emphasis on one particular date
while ignoring the point of time when the right had actually
accrued. In paragraph 18 the Supreme Court observed that
although limitation provisions are procedural, a subsequent
provision prescribing a shorter period cannot be interpreted so as
to extinguish an accrued right of action.
22.The Supreme Court in paragraphs 19 and 20 of Harshit
Harish Jain
observed that the object of refund provisions is to
ensure fairness where the transaction has failed for bona fide
reasons and observed that a genuine claim should not be defeated
merely on technical grounds. The Court held that delay should not
extinguish an otherwise legitimate claim.
23.The same principle finds support in Bano Saiyed Parwaz v.
State of Maharashtra, (2025) 2 SCC 201
. The Supreme Court
observed that while dealing with citizens, the State should not rely
upon technical defences where the claim is otherwise just. The
Court recognised that although limitation may bar the remedy, it
does not destroy the right, particularly where the applicant has
acted bona fide and has pursued the remedies available under law.
24.Similar observations are made in Rajeev Nohwar v. State of
Maharashtra,
(2021) 13 SCC 754, where the Supreme Court
observed that refund provisions should not be interpreted in a
manner which frustrates the object behind them. Similarly, in
Satish Buba Shetty v. Inspector General of Registration and
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Collector of Stamps, 2024 SCC OnLine Bom 108, this Court held
that the time spent by a bona fide applicant while pursuing lawful
remedies should not operate against him. In
Kasthmandup
Developers (P) Ltd. v. State of Maharashtra,
2023 SCC OnLine
Bom 1143, refund was granted because refusal would have
resulted in the State retaining money without proper justification.
25.These principles apply with considerable force to the present
case. The Petitioner did not seek refund after abandoning the
transaction. The first payment became unusable because the e
SBTR was not accepted for registration. Thereafter, the Petitioner
attempted to secure rectification from the authorities. Those efforts
did not succeed. A second payment had to be made because the
authorities insisted upon a fresh e SBTR before registration could
proceed. Consequently, the State received stamp duty twice in
relation to the same transaction, though only one payment served
the purpose.
26.The contention of the Respondents that fiscal statutes require
strict interpretation is correct. However, strict interpretation of a
fiscal statute does not mean that every provision has to be applied
without regard to the purpose for which it has been enacted. The
Supreme Court has held that refund provisions are intended to
prevent unjust retention of money by the State in cases where the
statutory conditions are satisfied. The Court must therefore
interpret Section 48 in a manner which advances its object and not
in a manner which frustrates it by relying upon technicalities.
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27.Considering the matter as a whole, I am of the opinion that
the impugned orders cannot be sustained. The authorities have
rejected the Petitioner's claim by adopting a technical view of
limitation without examining the surrounding circumstances, the
Petitioner's bona fide conduct and the object the refund provisions.
The approach adopted is inconsistent with the principles explained
by the Supreme Court in
Harshit Harish Jain, and Bano Saiyed
Parwaz
. It is therefore held that where a citizen has bona fide paid
stamp duty, has not derived any benefit from the unused
instrument and has been pursuing available remedies, the State
should not deny refund merely on technical grounds.
28.The next question is regarding interest. Refund of stamp
duty and payment of interest are two different issues. Refund is
return of money which belongs to the citizen. Interest is
compensation because that money remained with the State for a
long time. Under the Maharashtra Stamp Act, interest becomes
payable where the refund, after becoming due, is not released
within the time contemplated under the statutory scheme. The Act
also recognises that where delay is attributable to the applicant,
such period is liable to be excluded. Therefore, while considering
interest, the conduct of the claimant and the authorities has to be
seen.
29.Apart from the statutory provisions, the law relating to
restitution is also well settled. In
Union of India v. Tata Chemicals
Ltd.,
(2014) 6 SCC 335, the Supreme Court held that where
money is retained by the State without authority of law, interest
follows because the person who has been deprived of the use of his
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money is entitled to reasonable compensation. The same principle
has been laid down in
Poornima Advani v. State (NCT of Delhi),
(2025) 7 SCC 269, wherein the Supreme Court recognised that
where a citizen is deprived of money which is legally refundable,
grant of interest is a normal consequence, unless the statute
provides otherwise or the facts justify denial of such relief.
30.In the present case, this Court has held that the Petitioner
acted bona fide after the first e SBTR was found unusable. Instead
of seeking refund, the Petitioner approached the concerned
authorities requesting correction of the e SBTR. Those efforts
failed and thereafter the Petitioner was required to make a second
payment. Thus, the initial period cannot be viewed as deliberate
inaction or negligence on the part of the Petitioner. At the same
time, it cannot be overlooked that the refund claim was under
consideration before the statutory authorities till the appellate
order came to be passed on 25 April 2017. Therefore, this Court is
of the opinion that interest need not be awarded for the period
preceding the final appellate decision.
31.However, once the appellate authority rejected the
Petitioner's claim on a ground which has now been found to be
legally unsustainable, the continued retention of the Petitioner's
money ceased to have lawful justification. From that stage
onwards, the State continued to enjoy the benefit of money which
has now been held to be refundable. If interest is denied even
thereafter, the Petitioner would not receive complete restitution
and the State would continue to derive advantage from retaining
money to which it was ultimately found not entitled.
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32.Having regard to the statutory scheme of the Maharashtra
Stamp Act, the principles governing restitution and the law laid
down by the Supreme Court, this Court is of the opinion that the
Petitioner is entitled to refund of stamp duty amounting to
Rs.2,57,400/-. The registration fees are not directed to be
refunded since no independent statutory entitlement for such
refund has been established in the present proceedings.
33.Accordingly, the Respondents are directed to refund to the
Petitioner the stamp duty amount of Rs.2,57,400/- within a period
of eight weeks from the date of receipt of an authenticated copy of
this judgment.
34.The Petitioner shall also be entitled to simple interest at the
rate of 6% per annum on the said refundable amount from 25
April 2017, being the date on which the appellate authority finally
rejected the refund claim, till the date of actual payment. While
computing the amount payable, the Respondents shall also give
due effect to the provisions governing payment of interest under
the Maharashtra Stamp Act, if the statutory entitlement works out
to be more beneficial to the Petitioner.
35.In view of the foregoing discussion, and upon overall
assessment of the material record, the following order is passed:
(i) The Writ Petition succeeds;
(ii) The impugned order dated 15 June 2015 passed by
Respondent No.2 rejecting the Petitioner's application for
refund and the appellate order dated 25 April 2017 passed
by Respondent No.1 are quashed and set aside;
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(iii) It is declared that the Petitioner is entitled to refund of
stamp duty of Rs.2,57,400/- paid under e-SBTR
No.13002984750403 dated 28 December 2013;
(iv) Respondent Nos.1 and 2 shall refund the aforesaid
amount of Rs.2,57,400/- to the Petitioner within a period of
eight weeks from the date of receipt of an authenticated copy
of this judgment;
(v) The Petitioner shall also be entitled to simple interest
at the rate of 6% per annum on the refundable amount from
25 April 2017, being the date of the appellate order, till the
date of payment;
(vi) The amount shall be paid to the Petitioner by electronic
transfer or by any other mode permissible under law after
completing the necessary formalities;
(viii) The aforesaid exercise shall be completed within the
time stipulated above without insisting upon any fresh
application from the Petitioner;
(ix) Rule is made absolute in the aforesaid terms.
(x) In the facts and circumstances of the case, there shall
be no order as to costs.
(xi) Pending interim applications, if any, stand disposed of.
(AMIT BORKAR, J.)
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In a significant ruling, the High Court of Bombay recently addressed critical aspects surrounding Stamp Duty Refund claims and the application of Limitation Period under the Maharashtra Stamp Act, 1958. This judgment, like many other pivotal decisions concerning fiscal statutes, is now meticulously cataloged and easily accessible on CaseOn, offering invaluable insights for legal practitioners and students alike.
This Writ Petition challenged the rejection of a stamp duty refund application by the Respondent authorities, primarily on the ground of it being barred by limitation. The petitioner had paid stamp duty and registration fees twice for the same transaction due to a technical error in the first e-Secured Bank and Treasury Receipt (e-SBTR).
The central question before the High Court was whether the Petitioner's claim for a Stamp Duty Refund of Rs. 2,57,400/-, paid under an unused e-SBTR, was rightly rejected solely on the ground that the refund application was filed beyond the prescribed limitation period, particularly when the initial e-SBTR was rendered unusable due to a technical error and all efforts for its rectification had failed.
The Court considered the following legal principles and statutes:
The Petitioner initially purchased an e-SBTR on 28 December 2013, paying stamp duty and registration fees. On 8 March 2014, the Joint Sub Registrar, Thane, refused to register the sale deed because the e-SBTR wrongly mentioned 'Mumbai City' instead of the Thane office. Despite the Petitioner's repeated efforts to get the error corrected from various authorities, no correction was made. Consequently, the Petitioner was compelled to make a second payment for stamp duty and registration fees on 30 December 2014, and the sale deed was subsequently registered.
The Petitioner applied for a refund on 20 February 2015, which was rejected by Respondent No. 2 on 15 June 2015, and upheld by Respondent No. 1 on 25 April 2017, both citing limitation (application not filed within six months from purchase of e-SBTR or refusal of registration).
The High Court found the Respondents' interpretation of limitation to be unduly technical. It observed that:
For legal professionals seeking to swiftly grasp the nuances of such complex rulings, `CaseOn.in` offers an innovative solution. Their 2-minute audio briefs provide a concise yet comprehensive analysis of these specific judgments, enabling quick understanding and application in practice.
Regarding interest, the Court clarified that while the initial delay in applying for a refund could not be attributed to the State, the continued retention of the Petitioner's money after the appellate authority's order on 25 April 2017 (which was found to be legally unsustainable) lacked lawful justification. Therefore, interest was warranted from that point onwards to ensure complete restitution.
The High Court concluded that the impugned orders could not be sustained. It allowed the Writ Petition, quashing and setting aside the rejection orders.
The judgment outlines a case where a petitioner paid stamp duty twice due to an administrative error in the e-SBTR, which rendered the first payment unusable. Despite attempts to rectify the error, the authorities refused to correct it, compelling a second payment. The subsequent refund application for the first payment was rejected by the registration authorities and the appellate authority on grounds of being time-barred. The High Court, however, overturned these decisions, emphasizing that limitation periods in fiscal statutes should not be applied technically to defeat a bona fide claim, especially where the State would otherwise unjustly enrich itself. It ordered the refund of stamp duty along with interest from the date the appellate authority's decision was passed.
This judgment serves as a crucial precedent for several reasons:
All information provided in this article is for informational purposes only and does not constitute legal advice. Readers are advised to consult with a qualified legal professional for advice pertaining to their specific circumstances.
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