• Municipal tax payment

Under Bidhan nagar municipal corporation I Own a mutated flat in my name. Mutation was done in 1994 when the flat was under rajarhat municipality. Later on it was merged with Bidhan nagar municipal corporation.
Due to some unavoidable circumstances taxes were not paid after mutation. now i want to clear the dues. after application inspector comes inspect building and documents but demanded approved building plan which the promoter did not gave it. Inspector is not clearing the file.
My question is can the municipality refuse to asses and accept taxes for a duly registered and muted flat.their babus are refusing it.
It may be mentioned that my next door neighbours in the same building are paying taxes although they too don't have approved building plan
Asked 4 years ago in Taxation

First answer received in 30 minutes.

Lawyers are available now to answer your questions.

10 Answers

Since property is mutated in your name corporation should accept property taxes

2) if they refuse take legal proceedings to direct corporation to accept property taxes from you

Ajay Sethi
Advocate, Mumbai
87892 Answers
6207 Consultations

5.0 on 5.0

They want something which they are hesitant to state, if you give them such, they will co-operate with you at tje earliest. In bengali it is known as "ghoosh". Sorry but thats the truth.

You can write them letters, send legal notices, their ego will rise more.

You are the best judge here and appoint your lawyer.

Aveek Bose
Advocate, Kolkata
1222 Answers
9 Consultations

4.7 on 5.0

Dear Sir,

Last sentence of your questions protects you, it is nothing but discrimination. The High Court will come to your aid. Just file a Writ Petition and the concerned authorities will be directed accordingly. You will succeed.

Kishan Dutt Kalaskar
Advocate, Bangalore
6050 Answers
381 Consultations

4.8 on 5.0

See they have to accept the property tax if property mutated in your name.

so there are two ways first ask them to give you in writing reason for not clearing file through RTI and then file a writ petition in high court for seeking directions to Muncipal Department to accept your property tax.

Second these babus must be expecting some illegal gratification from your side so you can settle bargain that and do it.

Now you can choose your way.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

You can do the following:

1. Send them a letter to accept your payment of taxes and request them to give you in writing why they wont accept the payment of taxes;

2. Approach the department and speak to the person in-charge, you can also approach the commissioner;

3. If they dont reply then send a legal notice them;

Gowaal Padavi
Advocate, Mumbai
1920 Answers
5 Consultations

5.0 on 5.0

Sir, the best thing to do would be to file a writ petition against the municipality and get an order to pay taxes to them without any hindrance. Please call for more details

Abhishek Dutt
Advocate, Kolkata
31 Answers
1 Consultation

4.0 on 5.0

Hello,

NO they cannot do so . Send them a legal notice first and if not complied file a writ in the HC.

However if you need any assistance to proceed further , you can contact me.

Hope this helps.

Regards

Swarupananda Neogi
Advocate, Kolkata
2941 Answers
6 Consultations

4.7 on 5.0

Hello sir , you can file a civil suit for specific performance in court and deposit the amount with the court

Hemant Chaudhary
Advocate, Gurgaon
4619 Answers
67 Consultations

4.9 on 5.0

Please complain to the municipal commissioners in writing against the inspector along with the previous payments proof and valuation in case the matter is not been started out you may move to the High Court as a mandamus writ what direction to the Nagar Nigam

Vimlesh Prasad Mishra
Advocate, Lucknow
6848 Answers
23 Consultations

4.9 on 5.0

The officers of the municipality may be expecting some bribe for clearing your files.

You can locate the building approval plans from the builder is he is available or from the municipal records itself.

Alternately you can write to the Commissioner of the Municipality about this and can express your inability to produce the approved plans, but you are ready to furnish the revenue records duly mutated on your name along with the registered sale deed.

You can place a request to assess the taxes and also inform you about the penalty to be paid for the delayed payments and request to to regularise the same.

If you dont get proper response or a favorable reply you can opt for legal action to get a direction to the commissioner on this through a court of law by filing a mandatory injunction suit against the authorities.

T Kalaiselvan
Advocate, Vellore
78048 Answers
1543 Consultations

5.0 on 5.0

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer