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BIHAR STAMP (REFUND OF AMOUNT OF NON-JUDICIAL STAMP DUTY DEPOSITED BY E-CHALLAN) RULES, 2018

BIHAR STAMP (REFUND OF AMOUNT OF NON-JUDICIAL STAMP DUTY DEPOSITED BY E-CHALLAN) RULES, 2018

BIHAR STAMP (REFUND OF AMOUNT OF NON-JUDICIAL STAMP DUTY DEPOSITED BY E-CHALLAN) RULES, 2018

PREAMBLE

In Exercise Of The Powers Conferred By Section-75 And Section-76 Of The Indian Stamp Act, 1899, The Governor Of Bihar Is Pleased To Frame The Following Rules To Regulate The Procedure Of Refund Of Amount Of Stamp Duty Deposited Through E-Challan As Non-Judicial Stamp Under Section-49 And 50 Of The Indian Stamp Act, 1899: -

Rule- 1. Name, Extent and Commencement.-

(1)     This Rule shall be called the Bihar Stamp (Refund of Amount of Non-Judicial Stamp Duty Deposited by e- Challan) Rules, 2018.

(2)     It shall extend to the whole of the State of Bihar.

(3)     It shall come into force at once.

Rule- 2. Procedure of Application for Refund.-

(1)     The application for refund of stamp duty deposited through e-challan, which has not been or could not be utilized by the depositor or the parties, shall be filed in three copies in Form-A prescribed in this Rule, before the Collector of the district in whose jurisdiction the bank is located and where such amount has been deposited within one year from the date of deposit of stamp duty.

(2)     The legible and self attested three photocopies of the depositor's copy of the e-Challan shall be enclosed along with the application by the depositor.

(3)     After one year from the date of deposit of the amount the application for refund shall not be accepted in any case.

Provided that in the cases of amount deposited before the notification of this Rule, the application for refund may be made before the Collector within six months from the date of publication of this Notification in Official Gazette. After expiry of six months from the date of publication of these rules no application shall be accepted for refund of stamp duty deposited prior to the publication of this rule.

Rule- 3. Verification of Deposited Amount.-

On the basis of the application filed under Rule-2, the Collector shall obtain verification reports as follows: ---

(1)     in Form-B, prescribed in this Rule, from the concerned branch of the Bank, where the amount was deposited.

(2)     in Form-C, prescribed in this Rule, from the concerned Treasury Officer, and

(3)     as soon as the treasury officer receives request of collector for verification, it will be his duty to immediately lock the related GRN of the e-challan.

(4)     in Form-D, prescribed in this Rule, from the concerned Sub-Registrar and District-Sub-Registrar where the instrument was intended to be registered that the amount deposited by the e-Challan against which the application has claimed for refund has not been utilized in registration of any document.

Rule- 4. Refund of Amount.-

(1)     On being satisfied from the verification reports under rule-3, if it is established that the applicant has deposited the amount of stamp duty by e-Challan as indicated in the application and the amount has not been utilized for registration, the rest amount shall be refunded after deducting 10% of the deposited amount subject to a minimum of Rs. 200/- (Rupees two hundred) and a maximum of Rs. 5000/- (Rupees five thousand).

(2)     After the issue of sanction order by the Collector of concerned district for the refund of amount deposited by the e-Challan, the Drawing & Disbursing Officer of the concerned registration office shall refund the amount in accordance with sub-rule (1) of rule-04 after drawing the amount.