HC Quashes Order Denying Stamp Duty Refund
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- Last Updated on 26 May, 2025
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Case Details: Anand Jain vs. State of Chhattisgarh - [2025] 174 taxmann.com 253 (Chhattisgarh)
Judiciary and Counsel Details
- Rakesh Mohan Pandey, J.
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Ratnesh Kumar Agrawal, Adv. for the Petitioner.
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Prateek Tiwari, P.L., Animesh Tiwari, Adv. for the Respondent.
Facts of the Case
The petitioner, purchased a plot from the Raipur Development Authority (RDA) and paid stamp duty of ?5,33,500/- at the time of registration. Later, it was submitted that the RDA’s Board had approved a 30% relaxation in the sale consideration, due to which the actual stamp duty payable should have been ?4,22,386/-. The petitioner filed an application seeking a refund of the excess amount of ?1,81,023/-.
However, the refund application was rejected by the Inspector General of Registration-cum-Superintendent of Stamps without assigning any reasons, through a brief and cryptic order. Aggrieved by this unexplained rejection, the petitioner approached the High Court for relief.
High Court Held
The Chhattisgarh High Court held that the impugned rejection order could not be sustained since it was passed without recording any reasons. The Court observed that cryptic and non-speaking orders fail to meet the standards of fairness and transparency required in administrative decision-making. Accordingly, the impugned order was quashed, and the authority was directed to reconsider the refund application afresh, strictly in accordance with law. The writ petition was disposed of in favour of the petitioner.
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