party is entitled to get refund of stamp duty upon cancellation of sale transaction

As mentioned above, it is not in dispute that this
Court on 26.09.2012 cancelled the transaction in
question, and hence by reason of the orders of this
Court, the stamps used for an instrument executed by

the applicants were found unfit thereby defeating the
purpose originally intended. This occurred either due
to some error or mistake therein. Since the execution
of sale deeds and its implementation was subject to
the orders of the court, the parties were required to
apply the court for appropriate orders for every step. It
is due to this reason, the right to claim the refund of
the amount of stamp duty arose for the first time in
applicants’ favour on 26.09.2012. The applicants had
accordingly filed their applications within 6 months
from the date of this order, as provided in Section 50.
In the light of these facts, the applications should have
been entertained treating the same to have been filed
under Section 49 (d)(2) read with Section 50 of the Act
for grant of refund of stamp duty amount claimed
therein by the applicants.
45. In our considered opinion, even if we find that
applications for claiming refund of stamp duty amount

were rightly dismissed by the SDM on the ground of
limitation prescribed under Section 50 of the Act yet
keeping in view the settled principle of law that the
expiry of period of limitation prescribed under any law
may bar the remedy but not the right, the applicants
are still held entitled to claim the refund of stamp duty
amount on the basis of the grounds mentioned above.
In other words, notwithstanding dismissal of the
applications on the ground of limitation, we are of the
view that the applicants are entitled to claim the
refund of stamp duty amount from the State in the
light of the grounds mentioned above.
[REPORTABLE]
 IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION
 I.A. Nos. 7-8 & 9-10 OF 2015
 IN
 SLP (C) Nos. 23886-23887/2012
The Committee-GFIL V Libra Buildtech Private Ltd. & Ors.

Citation:
2016(6) ALLMR486 SC

Key words
#cancellation
#registration
#saledeed
#stampduty
#refund