Harshit Jain v. State of Maharashtra: Stamp Duty Refund and Limitation Periods
The Supreme Court addressed the applicability of amended limitation periods for stamp duty refund claims under the Maharashtra Stamp Act.
Adv. Meera Patel
Partner, Real Estate Law
Introduction
In Harshit Harish Jain & Anr. v. State of Maharashtra & Ors. (2025), the Supreme Court resolved important questions regarding limitation periods for stamp duty refund claims.
The Issue
Whether an amended limitation period for claiming stamp duty refunds applies prospectively or retrospectively.
Key Holdings
- Prospective Application: Amended limitation periods generally apply prospectively
- CCRA Powers: Scope of Chief Controlling Revenue Authority's review powers
- Refund Claims: Procedure for claiming stamp duty refunds
Practical Guidance
Property buyers and developers must be aware of limitation periods for claiming refunds when transactions are cancelled or stamp duty is erroneously paid.
Legal Disclaimer
This article is for informational purposes only and does not constitute legal advice. The information contained herein may not be applicable to all situations and may not reflect the most current legal developments. Please consult with a qualified attorney for specific legal advice regarding your situation.
