ARMSTRONG MACHINE BUILDERS PRIVATE LIMITED vs STATE OF MAHARASHTRA THR THE SECRETARY MINISTRY OF REVENUE AND ANR

Judgment text excerpt

WP.8750.2024.doc Ajay IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.8750 OF 2024 Armstrong Machine Builders Private Limited .. Petitioner Versus State of Maharashtra through the Secretary Ministry of Revenue and Anr. .. Respondents ....................  Mr. Mutahhar Khan a/w Ms. Kavisha Shah, Advocates i/by India Law Alliance for Petitioner.  Mr. Jay Sanklecha, ‘B’ Panel Advocate alongwith Ms. M.S. Srivastava, AGP for Respondents. ......…........... CORAM : MILIND N. JADHAV, J. Reserved on : August 19, 2025 Pronounced on : September 3, 2025 JUDGMENT: 1. Heard Mr. Khan, learned Advocate for Petitioner and Mr. Sanklecha, learned ‘B’ Panel Counsel a/w Ms. Srivastava learned AGP for Respondents. 2. Writ Petition impugns order dated 09.10.2023 passed by Office of Inspector General of Registration and Controller of Stamps, Pune. Application filed by Petitioner under Section 47(c)(1) of the Maharashtra Stamp Act, 1958 (for short ‘the said Act’) for refund of Stamp Duty is rejected solely on the ground of limitation. Impugned order is appended at page No.23 of the Petition. 3. Briefly stated, on 13.07.2021, Petitioner entered into a Share Purchase Agreement (for short ‘SPA’) with one M/s. Dematic Holdings 1 of 20 WP.8750.2024.doc UK Limited and others for transfer of equity shares for a total consideration of Rs. 585,37,92,000/-. In compliance with requirement under Article 5(h-A)(iv) of said Act, Petitioner paid Stamp Duty of Rs.1,17,08,200/- through purchase of e-Stamp paper (e-SBTR Challan) bearing GRN No.MH003566080202122S to facilitate execution of SPA. 3.1. On 17.04.2020 Ministry of Commerce and Industry, through Department for Promotion of Industry and Internal Trade (FDI Policy Section) issued a Press Note No.3 (2020 series) m