Different house tax to neighbours for a strange reason
dipak
(Querist) 15 December 2023
This query is : Resolved
Sir,
Can a municipality charge a different house tax to residents in a same colony for the following reason:
Recently our municipality sent notices to residents about its proposed increase in house taxes and also asked them to submit objection within a time period to this increment, if they have any.
Municipality is expected to partially bring down the increment in house taxes in response to these objections.
But some residents have failed to lodge the objection to this increment- out of overlooking or ignorance. The municipality staff members say that proposed increment in taxes would be brought down only for those who raised objections. And those who have not raised the objection to this increment will have to pay the house tax as per the original increment proposed by the municipality.
Can it be so sir?
Can a municipality tax one house at a different rate and its neighbouring house at a different rate on the basis of who raised the objection to
tax increment, and who didn't.
Is it like buying vegetable: the one who bargains the price gets the discount, and the other one who doesn't bargain doesn't get the discount.
I don't agree with this claim of the staff members that only those who raised the objections to tax increment would get the benefit and the rest shall have to pay a higher tax.
What experts have to say in this matter!
Regards
Dipak R Gandhi
kavksatyanarayana
(Expert) 15 December 2023
The tax will be calculated mainly on the extent of a house but not raising objections or anything. Suppose one person has built a house when the area was in Panchayat and after some time it converts to a Municipality the increase of tax is normal. But after converting into a municipality if any person builds a house, the tax is some higher than the house was built previously.
dipak
(Querist) 15 December 2023
Thank you kavksatyanarayan sir!
T. Kalaiselvan, Advocate
(Expert) 17 December 2023
The residents were given opportunity to object the rise in the municipality tax with the justified reasons.
If the reasons stated by them were justified and genuine the authorities would have considered their objection and reduced the tax.
It is not that all the houses of the same colony are having same extent or same types of rooms or similar structures.
Hence the objections were sought from the residents, if the residents ignored about it then it can be deemed that they have accepted the taxes imposed without any objection therefore you cannot draw any adverse inference over this subject
dipak
(Querist) 17 December 2023
Thank you T.Kalaiselvan sir for the reply.
The objections raised by residents are for the rate of tax - not for any other reason. Now can municipality charge one resident the tax at a reduced rate because he has requested for it, and can it charge the neighbour the tax at a different rate because he has not raised the objection. That would amount to Municipality taxing two people at a different rates - for the same type of house. Is it then a vegetable market where one gets a discount because he asks for it, and the other one doesn't get because he has not asked for it. Can a government organisation like municipality do like this.
And suppose now the resident who had not raised objection to the tax increment wants to raise his objection now - seeing that those who had objected are getting their tax reduced. Now can Municipality say 'no you can not raise objection now; the time to raise the objection is over. Only those who had raised objection within time limit can get their tax reduced.' Can Municipality take a stand like this.Can this argument be tenable in court!
Regards
Dipak R Gandhi
