Notice to PMC on alleged irregularities, property tax restoration

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The Bombay High Court has issued discover to the Pune Municipal Corporation (PMC) over alleged irregularities and restoration of property tax by the civic physique, as reported by 41 residents of Balewadi.

Satya Mulay, an advocate representing the petitioners, stated, “The High Court will hear the petition challenging the PMC on calculation and collection of wealth tax, while issuing notice to the PMC to respond in two weeks.” The subsequent listening to will likely be on June 24.

Forty residents of Balewadi have approached the High Court difficult the PMC on levying property tax, saying it’s discriminatory and non-transparent. He has demanded a keep on the implementation of two authorities proposals (GRs) of the state authorities associated to the property tax of PMC.

The petitioners referred to the federal government resolutions dated October 25, 2018 and August 1, 2019, on the premise of which the PMC was levying wealth tax. “The GR issued by the state government and implemented by the PMC is arbitrary, discriminatory, retrospective and non-transparent,” he stated within the petition.

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As per the GR of 2019, he stated the state authorities had quashed the civic physique’s proposal of 1970, permitting 40 per cent rebate on estimated annual lease and annual lease on restore and upkeep whereas computing annual rateable worth (ARV). 15% deduction was allowed for ) of the residential property occupied by the proprietor. However, the Comptroller and Auditor General (CAG) of India in its audit report of the State Government for 2013-14 identified that whereas figuring out the ARV of properties in PMC, the deduction of repairs from the annual lease was wrongly taken as 15 each year. permission was granted. p.c towards 10 p.c. On October 25, 2018, the state authorities suspended the 1970 civic physique decision.

Further, the PMC, citing the State Government’s communication dated May 28, 2019, determined to get well the extra quantity arising on account of concession of 15 per cent as a substitute of 10 per cent from the yr 2010-11, the petition stated. .

“The PMC has discriminatoryly applied the State Government’s GR, dated 1st August, 2019, only for newly assessed properties, without considering the ARV of similarly located properties. Thus, we have to approach the High Court,” the petitioners stated.

Besides, the PMC has been topic to retrospective taxation, lack of correct classification between previous and new properties, the petitioners stated. “Whether the PMC can levy wealth tax or arrears retrospectively for the billing period preceding the date of GR,” the plea stated.

Thus, within the petition praying for a keep on the implementation of the GR issued on 1st August, 2019, it’s declared that its implementation is prohibited with retrospective impact. Also, the courtroom ought to direct the PMC to calculate and cost the annual property tax to be collected from self-occupied properties within the metropolis and supply a breakup of the property tax calculation.

The petitioners additionally prayed the courtroom to quash and quash the GRs issued on October 25, 2018 and August 1, 2019 after passing via validity and validity. The PMC must also be directed to make sure fairness and parity within the calculation and price of property tax for equally positioned properties.

The software of GR on 1st August 2019 be placed on maintain until the ultimate disposal of the petition and the monetary advantages to all of the petitioners and house owners of comparable properties within the metropolis be continued.

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With inputs from TheIndianEXPRESS

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