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    <title>2015 (9) TMI 1759 - Supreme Court</title>
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    <description>A court-monitored sale that failed because possession was never delivered, and was later cancelled, entitled the purchasers to restitution of the stamp duty paid for the sale deeds. As the applicants had paid the full consideration and stamp duty without fault, the stamp papers became unutilised for the intended transaction and the right to refund arose only upon cancellation. The claim was treated as falling within the statutory refund framework, and limitation did not defeat the substantive right because the refund cause of action accrued on cancellation. The applicants were therefore entitled to refund of the entire stamp duty.</description>
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    <pubDate>Wed, 30 Sep 2015 00:00:00 +0530</pubDate>
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      <title>2015 (9) TMI 1759 - Supreme Court</title>
      <link>https://www.taxtmi.com/caselaws?id=314261</link>
      <description>A court-monitored sale that failed because possession was never delivered, and was later cancelled, entitled the purchasers to restitution of the stamp duty paid for the sale deeds. As the applicants had paid the full consideration and stamp duty without fault, the stamp papers became unutilised for the intended transaction and the right to refund arose only upon cancellation. The claim was treated as falling within the statutory refund framework, and limitation did not defeat the substantive right because the refund cause of action accrued on cancellation. The applicants were therefore entitled to refund of the entire stamp duty.</description>
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      <pubDate>Wed, 30 Sep 2015 00:00:00 +0530</pubDate>
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