P&H: Dismisses appeal for refund of unused stamp papers after an unexplained delay of 2 years, says Section 50 limitation is mandatory

punjab-haryana
⚖️ Order Date: 09 Sep 2026
Headnotes

(i) Indian Stamp Act, 1899, Ss.49 and 50 — Refund of stamp duty — Distinction between the two provisions — Section 49 operates where stamp papers are inadvertently spoiled, damaged or rendered useless before being utilized in a transaction, while Section 50 applies where stamp...

(ii) Indian Stamp Act, 1899, S.50(2) — Refund of unused stamp papers — Limitation — Application for refund must be made within six months from the date of purchase — The appellant’s application was made far beyond the prescribed period and was therefore time barred....

(iii) Indian Stamp Act, 1899, S.50 — Limitation — Application for refund of unused stamp paper after an unexplained delay of more than 2 years — Limitation prescribed u/s.50 is mandatory and has to be strictly construed — Object of provision is to ensure finality...


Facts of the Case

P&H: Dismisses appeal for refund of unused stamp papers after an unexplained delay of 2 years, says Section 50 limitation is mandatory

The Punjab and Haryana High Court has dismissed an appeal filed by Kiranwati seeking refund of stamp duty on unused stamp papers worth Rs. 6 lakh, holding that the claim was barred by limitation under Section 50 of the Indian Stamp Act, 1899.

The appellant had purchased stamp papers on 28 December 2023 for a proposed property transaction, but the deal did not go through and the papers were never used. She later applied for refund on 22 July 2025, which the Collector rejected as time barred. A Single Judge upheld that order, leading to the present Letters Patent Appeal.

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