Property tax by co-operative housing society.
Infar Co-operative Housing Society Ltd,
Block hH 31/B, B P TOWNSHIP
Kolkata 700 094.
Mr. Krishna Kishore Ganguly
Our Society was formed for the purpose of providing housing facilities to our members for their residential purposes
KMDA allotted a plot of land for lease period of 999 years. In the said plot of land the society constructed 12 flats and allotted to its 12 members for the entire lease period. The full value of the lease paid by members is in respect of the flat together with proportionate impartible share or interest of the landed property, all common areas including parking areas and roofs.
As per the agreement with the members, the society acquitted, released and discharged lease to its members. The schedule of the agreement states that the plot, building, flats and the common areas and spaces are sub-leased out to its members.
The memo of consideration includes the proportionate share of the cost of flat and cost of land and all rights. Stamp duty is not applicable.
In our view, Our housing society is thus for administrative purposes only.
Our query is:
1. When all members are individually paying their annual property/corporation tax to KMC. Should the Society also pay the property tax separately when they have already discharged their rights of the property [land and building ] to the members proportionately ?
2. If the society need not pay – Can the society claim for refund of the amount paid for 25 years ?
3. What is the procedure for claiming refund.
j v ramanan [ secretary ]