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    <title>2009 (3) TMI 1094 - Supreme Court</title>
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    <description>Proceedings to recover deficit stamp duty under the Indian Stamp Act were held time-barred because the applicable limitation period had expired before action was taken. The Court treated the pre-amendment limitation under Section 47A and the special limitation in Section 19B as governing the recovery process, and held that the later amendment extending the period to five years was prospective only. A limitation provision that confers jurisdiction for recovery of duty and penalty must be strictly construed, and it could not be applied retrospectively or treated as curing a legislative omission. The proceedings were therefore unsustainable in law.</description>
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    <pubDate>Tue, 31 Mar 2009 00:00:00 +0530</pubDate>
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      <title>2009 (3) TMI 1094 - Supreme Court</title>
      <link>https://www.taxtmi.com/caselaws?id=306386</link>
      <description>Proceedings to recover deficit stamp duty under the Indian Stamp Act were held time-barred because the applicable limitation period had expired before action was taken. The Court treated the pre-amendment limitation under Section 47A and the special limitation in Section 19B as governing the recovery process, and held that the later amendment extending the period to five years was prospective only. A limitation provision that confers jurisdiction for recovery of duty and penalty must be strictly construed, and it could not be applied retrospectively or treated as curing a legislative omission. The proceedings were therefore unsustainable in law.</description>
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      <pubDate>Tue, 31 Mar 2009 00:00:00 +0530</pubDate>
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