I am staying in over 100 years building in south Mumbai where the supposed to be " veranda" is closed from all side with walls some time in 1920 or so. No one has seen "open veranda" for the last 80 years. It has been a room with walls on all four sides with two Wooden Doors.. The walls, the wooden roof, the wooden Pillars and the wooden Beams are still there. and there is no change in the area under occupation. The BMC has charged additional tax on this portion in 2013 under the rule of "closed veranda". Are they entitle to charge on a construction of 100 years old structure?
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Dear Client,
Even if you are liable to pay tax than on old tax rates and so declare by Mumbai High Court.
Properties constructed before 1945 – 0.80 units
https://timesofindia.indiatimes.com/city/mumbai/hc-allows-old-tax-rates-for-central-mum-bldgs/articleshow/61178249.cms
Since as per the prevalent rule of GOM there is no increase in the rate of property tax of house having carpet area of less than 500 sq. ft., how the BMC has bifurcated the said room of 80 sq. ft and charging tax at a new rate at much higher than the whole house whose carpet ( 413 sq. ft) inclusive of so called Closed Veranda area (80 sq. ft.) Are they justifiable? Is it possible to get the refund of amount already paid as per their Demand notice?.
On July 7, 2017, the BMC passed a proposal to exempt property tax on houses in the city that have a carpet area of up to 500 sq ft. It also proposed a 60 per cent concession in property tax, for houses measuring 500-700 sq ft.
You deserves refund, if not agreed file writ.
1) if veranda has been kept open no tax would have been charged
2) since veranda is enclosed additional tax has been levied by BMC
3) c is entitled to charge additional tax on closed veranda
1) Yes you can show them previous billing plys house structure which is built 80 years old. One should ask proper investigation from BMC to check all details and the Veranda has been converted into one small room 80 years ago. If you have photo proof of olden days you can show them to authorize officers.
1. when the assessments were made on introduction of the new capital value system of property tax calculation, the BMC had issued notice to the assessees requiring them to submit their objections against the calculation
2. since you have already paid the property tax, it will be deemed that you accepted the calculation of BMC as being correct
3. so now it will be very difficult to challenge
4. however you can file a RTI Application seeking details from BMC as to how it assessed the close verandah for property tax and under which rule.
5. At the highest your application may be rejected, but its worth giving a try so that if in case BMC does give any information about the mode of computation and if that appears to be arbitrary then you can challenge the same by filing a Writ Petition in High Court
Hello,
the act of the BMC is not justifiable and is against the law of the land.
Challenge such action before the appropriate authority by means of a protest.
If the appropriate authority is not responding and then obtain an information under RTI as to under what rules the taxes are being charged and thereafter challenge such rules before the HC in a writ petition.
Regards
I suggest in the RTI Application, you ask for a certified copy of the sanctioned plan of the property. This will help to know whether there was any verandah showing in the plans or was the verandah a part of the room.
In case the verandah is not shown as a separate unit and in fact forms a part of the room, then you can challenge the levy by filing a Writ Petition in High Court
This is my response to you:
1. On July 7, 2017, the BMC passed a proposal to exempt property tax on houses in the city that have a carpet area of up to 500 sq ft.;
2. The BMC has wrongly charged you for tax;
3. You can write a letter to the BMC and also approach the online portal: https://prcvs.mcgm.gov.in/ or https://prcvs.mcgm.gov.in/MCGM_CVS/contactUsJsp.jsp ;
If the authorities are levying tax on such things which you feel is unjustified and not maintainable, you may issue a reply stating that since the building is over 100 years old and in a dilapidated condition, no taxes are leviable for the property which is not inhabited for over 80 years.
After that you can appeal against their decision before the local civic appellate tribunal.
You have to prefer an appeal against the charges levied in the name of fresh tax.
The appeal can be filed before the taxation appellate tribunal within your jurisdiction.
1. Further clarification on your statement "where the supposed to be " veranda" is closed from all side" is required.
2. How do you know that it was supposed to be a Veranda? Was there any sanctioned plan whwre in the area has been shown as a Veranda?
3. However, if it is legally established that it was initially a veranda which it is supposed to be, then the BMC is within its right to levy appropriate additional tax on the said presently closed Veranda.
1. There has been no increase in the rate of property tax for your premises.
2. they have added additional tax for your said closed Veranda which was supposed ton be open as stated by you.
File a RTI and seek information from them under which Provision they have charged the said charges
