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Taxation

No property tax on mobile towers: HC

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The Indian Express               27.04.2013

No property tax on mobile towers: HC

The Gujarat High Court Thursday struck down as unconstitutional a legal provision introduced by the state government that enabled local institutions of self-governance to levy property tax on mobile towers while considering them as buildings. A division bench comprising Justices Akil Kureshi and Sonia Gokani, while passing the judgment, held that mobile towers were not buildings and ordered the state government to refund the property tax collected so far from different companies. The judgment came on a group of petitions by telecom companies challenging the provision introduced in 2011.

"The state government had introduced Gujarat Local Authorities Amendment Act, 2011, under the provisions of which local institutions of self-governance were given powers to levy property tax on mobile towers," Shalin Mehta, counsel for one of the petitioners, said.

The petitioners had argued that mobile towers were telegraph, and not buildings, and so property tax could not be levied on them.

Advocate General Kamal Trivedi, who appeared for the state government, had argued that these mobile towers were structures and therefore property tax could be levied on them.

 

Benefits elude early tax payers

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Deccan Chronicle                27.04.2013

Benefits elude early tax payers

Hyderabad: Early birds haven’t got their share of the worm. Home owners who paid their tax early are disappointed with the GHMC for its failure to live up to its promise. The Greater Hyderabad Municipal Corporation had announced that five per cent discount would be offered on property tax for owners who paid their tax by April-end.

With just four days to go for the first month of the current financial year to end, the tempting sop is yet to be implemented. Over 90,000 tax payers have till now paid `22 crore, but nobody has got the rebate.

“The tall promises of five per cent discount on tax paid before April-end has remained on paper. The GHMC should stop taking the early tax-payers for a ride,” said Amritha Rao, a Somajiguda resident.

As per the GHMC Act, property tax can be paid either in full or in two instalments. There are no penalties on the first instalment before July 31. After that a penalty of two per cent of the tax is levied on first instalment. The last date of submission of  the second instalment without penalty is October 15.

After October 15, the penalty is levied on the total tax paid. Citizens who have been paying tax well before July 31, said the government has been waiving penalty on tax in March for the last couple of financial years.

“When those paying tax late are extended the benefit of escaping penalty, why should punctual tax payers like us not be extended the announced benefit? We can keep the money in the bank and earn interest” said A. Dayanand of Tata Chary Colony. GHMC officials said the government is yet to issue the order to implement the scheme.

 

LMC mulls pvt agency for house tax assessment

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The Times of India                23.04.2013

LMC mulls pvt agency for house tax assessment

LUCKNOW: Lucknow Nagar Nigam is considering handing over the task of house assessment to a private agency to improve the efficiency and transparency of the process.

This would be on the pattern of Delhi's municipal corporation. The corporation has got a proposal from an agency which would take 8% of the user collection charges from LMC.

LMC sets a target to collect around Rs 150- 300 crore as house tax annually. This year, it could achieve only around Rs 100 crore. The private agency claims it would scale up the house tax amount up to Rs 200 crore every year.

It was felt that during the assessment, many residential and commercial structures were left out from the tax net because of manpower shortage in LMC.

As a result, LMC is considering to hand over the assessment of house tax, which is a major source of revenue, to a private party to increase the collection amount.
Last Updated on Tuesday, 23 April 2013 11:44
 


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