Log in or register
Share on LinkedInShare on LinkedIn

ARTICLE · 08 APRIL 2025

Bombay High Court Enforces Higher Stamp Duty On Development Agreements

Shardul Amarchand Mangaldas & Co
Shardul Amarchand Mangaldas & Co
Contributor
Shardul Amarchand Mangaldas & Co

Shardul Amarchand Mangaldas & Co

Founded on a century of legal achievements, Shardul Amarchand Mangaldas & Co (SAM & Co) was born...

View firm profile
Explore more from Shardul Amarchand Mangaldas & Co

In an important ruling, the Bombay High Court dismissed a petition challenging the classification of a property transaction under the Maharashtra Stamp Act.

IndiaGovernment, Public Sector
Ashoo Gupta
Ashoo Gupta
Author LinkedIn connections

In an important ruling, the Bombay High Court dismissed a petition challenging the classification of a property transaction under the Maharashtra Stamp Act. The case, Writ Petition No. 8030 of 2017, was filed by Suhas Damodar Sathe against the State of Maharashtra and the Chief Controlling Revenue Authority. The dispute revolved around whether a development agreement qualified as a conveyance, attracting higher stamp duty.

After reviewing legal aspects, past precedents, and the nature of the agreement, the Court ruled in favor of the Government, affirming that the transaction effectively transferred property rights and was correctly taxed under Article 25 of the Maharashtra Stamp Act.

We operate a free-to-view policy, asking only that you register in order to read all of our content. Please login or register to view the rest of this article.

Register for freeORLog in

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

Related Articles

Legal Intelligence Newsletters: sign up for the latest legal and regulatory news on your chosen topics

Read more about

See more popular content from

Article

Punjab And Haryana High Court Strikes Down JAO - FAO Retrospective Amendment As Unconstitutional

The Hon’ble Punjab and Haryana High Court (HC) in Jyoti Sareen vs. UOI & Others (CWP No. 15791-2024 (O&M)) (Order) held the retrospective amendments carried out vide the Finance Act, 2026, with respect to the powers of the Jurisdictional Assessing Officer (JAO) to issue a reopening notice under section 148 (Reopening Notice) of the Income-tax Act, 1961 (IT Act), as unconstitutional, being violative of the ‘doctrine of separation of powers’ and thus violative of Article 14 of the Constitution of India.
IndiaGovernment, Public Sector
Khaitan & Co.
Khaitan & Co.
Article

Acquisition By An FOCC Of An Indian Company: Pricing Conditions For Resident And Non-resident Shareholders

A FOCC refers to an Indian entity that has received foreign investment and is ultimately owned or controlled by persons resident outside India. Although incorporated in India under the Companies Act, such entities are treated differently from domestically owned and controlled Indian companies for the purposes of foreign investment regulation and downstream investment structuring. Consequently, an FOCC, despite being an Indian incorporated entity, is subject to regulatory conditions applicable to foreign investment while undertaking investments into other Indian entities.
IndiaGovernment, Public Sector
LegaLogic
LegaLogic
Article

The IBC Amendment Act, 2026: Reshaping Real Estate Insolvency

The Insolvency and Bankruptcy Code (Amendment) Act, 2026 (‘Amendment Act’), which amends the Insolvency and Bankruptcy Code, 2016 (‘Code’), received Presidential assent on April 6, 2026. Most amendments took effect on May 26, 2026. However, three significant mechanisms the accelerated admission deadline, creditor-initiated resolution, and group insolvency have been enacted but have not yet come into force and will take effect only upon the issuance of a commencement notification by the Central Government under the applicable provisions of the Code.
IndiaInsolvency/Bankruptcy/Re-Structuring
Shardul Amarchand Mangaldas & Co
Shardul Amarchand Mangaldas & Co
Article

No GST On Assignment Of Industrial Leasehold Rights: Bombay High Court Grants Relief To Industrial Lessees Holding MIDC Plots

In Aerocom Cushions Private Limited v. Assistant Commissioner (Anti-Evasion), CGST & CX, Nagpur-1, the Nagpur Bench of the Bombay High Court quashed a Show Cause Notice demanding Goods and Services Tax (“GST”) on the assignment of leasehold rights in an industrial plot allotted by the Maharashtra Industrial Development Corporation (“MIDC”). The Court held that such an assignment constitutes a transfer of benefits arising out of immovable property and does not amount to a “supply of service” under the Central Goods and Services Tax Act, 2017 (“CGST Act”).
IndiaTax
Shardul Amarchand Mangaldas & Co
Shardul Amarchand Mangaldas & Co
Article

From Beneficiary To Promoter: The Bombay High Court On Housing Society Liability Under RERA

The Real Estate (Regulation and Development) Act, 2016 (“RERA”) was enacted to protect homebuyers and promote transparency and accountability in the real estate sector. A key feature of the Act is the definition of “Promoter” under Section 2(zk), as it determines the persons or entities that bear statutory obligations and liabilities towards homebuyers.
IndiaReal Estate and Construction
Shardul Amarchand Mangaldas & Co
Shardul Amarchand Mangaldas & Co