• Property tax

We have our shop of around 7500 sqft in thergaon which is in litigation with pcndt. Pcmc has applied penalty (shastikar) from 2012 which is of 46,00,000. This has been recently applied and there was nothing of this sort earlier. They have asked us to make 50% payment else would ceal our property tomorrow. The actual tax without penalty is 14,00,000. Can we challenge this penalty amount in the court of law?
Is there any alternative method of getting this sorted. Kindly assist on this matter!!!
Asked 4 years ago in Property Law
Religion: Hindu

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11 Answers

Concerned Ward officer (in whose jurisdiction your property is situated) is the

authority to lodge a complaint regarding property tax bill or assessment so if you have already raise a issue with him there is.no settlement since they are going to take a harsh major approach high court and take an stay order on same.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

The high court under writ jurisdiction can issue direction also the matter of fact the position of fine on property is too much and.unfair so it should be taken before high court had the department has started coercive majors.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

you can challenge the imposition of penalty of Rs 46,00,000

2) penalty amount charged is exhorbitant

3) seek stay of order imposing penalty

Ajay Sethi
Advocate, Mumbai
87938 Answers
6207 Consultations

5.0 on 5.0

1. All decisions of state or its instrumentality like the local authority is enable to challenge before the the court of law.

2. First check whether there is any internal mechanism to challenge the imposition of tax as the first challenge to amount of tax lies in the specified authority within the local Multiplicity itself.

3. if it is not there then you can challenge this by filing a writ petition in the high court.

Devajyoti Barman
Advocate, Kolkata
22515 Answers
402 Consultations

5.0 on 5.0

Hi, you can file a civil suit for permanent injuction and can obtain a stay order on the notification of PCMC , untill the final disposal of case

Hemant Chaudhary
Advocate, Gurgaon
4619 Answers
67 Consultations

4.9 on 5.0

1) You can file case against PCMC, on challenge for penalty charges.

2) Secondly, you can meet your area circle officer or head of the department and settle the amount of penalty and take concession on actual tax with the help of local corporator.

Ganesh Kadam
Advocate, Pune
12335 Answers
191 Consultations

4.9 on 5.0

Dear Sir,

You can very well challenge such demand notice issued by Local Authority in Civil Court. To be more effective you may also challenge the same before High Court. You will certainly get necessary relief.

Kishan Dutt Kalaskar
Advocate, Bangalore
6050 Answers
381 Consultations

4.8 on 5.0

Dear Client,

Show demand notice and documents.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

1. Dues recovery alongwith double the /penalty interest, is now time-barred.

2. Meet local civil lawyer, with all the relevant documents, for proper guidance.

Keep Smiling .... Hemant Agarwal

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

5.0 on 5.0

Challenge the recovery so issued in the court of law if the same has been issued arbitrally without the force of law.

You will have to challenge the same before the HC under article 226 of the Constitution of India

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

You can file an injunction suit against the local civic body and also can file an appeal before the Taxation appellate tribunal

First obtain injunction against the threats of putting seal to your shop by the local civic body and then fight against their excess taxation by filing a petition before the said Tribunal seeking to revise and reduce the same to the permissible extent.

T Kalaiselvan
Advocate, Vellore
78097 Answers
1543 Consultations

5.0 on 5.0

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