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Can a Settled Stamp Adjudication on a Deed of Retirement Be Reopened After 11 Years?

TaxGuru•
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Summary

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  • The legality of reopening a settled stamp duty adjudication on a partnership retirement deed after eleven years is under scrutiny, following an audit objection demanding over ₹25 lakh.
  • The article discusses the implications of Article 44(3) of the Gujarat Stamp Act, 1958, and the finality of adjudications under Section 39(2), emphasizing that reopening is restricted by statutory time limits.
  • Key distinctions between stamp duty and registration fees highlight different authorities and procedures, raising questions about jurisdiction and maintainability in the Gujarat High Court.
  • The outcome could significantly affect how partnership retirement deeds are drafted and challenged in future disputes over stamp duties.

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