JUDGMENT - KHANDEPARKAR R.M.S., J.: - Heard the learned Advocates for the parties. Perused the records. Rule. By consent, the Rule is made returnable forthwith.

2.The petitioner challenges the order dated 4th December, 2003 passed by the Deputy Inspector-General, Registration and Stamps, Mumbai, the respondent No. 2 herein as well as the order dated 28th May, 2004 passed by the Appellate Authority, the respondent No. 3 herein, rejecting the claim for refund of stamp duty, which was preferred by the petitioner in terms of section 48(1) read with section 47(c)(5) of the Bombay Stamp Act, 1958 (hereinafter called as "the said Act"), being contrary to the provisions of law and illegal.

3.Few facts relevant for the decision are that the petitioner company is engaged in the business of imports and exports of various types of chemicals and being desirous of purchasing residential flat from the point of view of having accommodation for company's associates and business clients visiting India from abroad, entered into a transaction recorded in an document dated 27th March, 2003, with M/s. Mansingka Industries Ltd. in relation to a flat situated at a building known as Rambha at Nepean Sea Road

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