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TAXATION RULES
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| Notice
of transfer, etc. of premises assessable to
Property Taxes levied under section 129 or Property
Tax levied under section 141B.
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1.
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(1)
Whenever the title of any persons primarily
liable for the payment of property taxes or,
as the case maybe property tax on any premises
to or over such premises is transferred the
person whose title, is so transferred and the
person to whom the same shall be transferred
shall, within three months after execution of
the instrument of transfer, or after its registration,
if it be registered or after the transfer is
effected if no instrument be executed give notice
of such transfer in writing to the Commissioner. |
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(2) In
the event of the death of any person primarily
liable as aforesaid the person to whom the title
of the deceased shall be transferred, as heir
or otherwise shall give notice of such transfer
to the Commissioner within one year from the
death of the deceased. |
2.
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(1) The
notice to be given under rule I shall be in
such form as the Commissioner may from time
to time by public notice specify and shall state
clearly and correctly all the particulars required
by the said form. |
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(2) On
receipt of any such notice, the Commissioner
may, if he thinks it necessary, require the
production of the instrument of transfer, if
any or of a copy thereof obtained under section
57 of the Indian Registration Act, 1908, or,
in case of a transfer of the title of a deceased
person, of any other document constituting evidence
of such transfer. |
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(3) No
such notice shall be deemed to be validly given
unless the property taxes or, as the case maybe,
the property tax due at the date of notice in
respect of the premises to which it relates
have been paid and unless such fee as may from
time to time be prescribed by the Standing Committee
for acceptance of the notice has been paid. |
3.
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(1) If
any person primarily liable for the payment
of the property taxes or, as the case may be,
the property tax whose title to or over such
premises is transferred fails to give notice
of such transfer to the Commissioner, he shall,
in addition to any other liability which he
incurs through such neglect, continue liable
for the payment of all property taxes or, as
the case maybe, the property tax from time to
time payable in respect of the said premises
until he gives such notice, or until the transfer
shall have been recorded in the Commissioner’s
books. |
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(2) Nothing
in this rule shall be held to diminish the liability
of the transferee for the said property taxes
or, as the case may be the property tax or to
affect the prior claim of the Commissioner on
the premises conferred by section 141 for the
recovery of the property taxes or, as the case
may be the property tax due thereupon. |
4.
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(1) On
the written request of the Commissioner, the
Registrar or Sub-Registrar of the district or
sub-district formed for the purposes of the
Indian Registration Act, 1908, in which the
City is situate shall furnish such particulars
regarding the registration of instruments of
transfer of title to immovable properties in
the City as the Commissioner may from time to
time specify. |
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(2) Such
information shall be furnished as soon as may
be after the registration of an instrument of
transfer is effected or, if the Commissioner
so requests, in periodical returns made at such
intervals as the Commissioner may fix. |
5. |
(1)
When any new building is erected, or when any
building is rebuilt or enlarged, or when any
building which has been vacant is reoccupied,
[or when the user of any building is changed],
the person primarily liable for the property
taxes or, as the case may be, the property tax
assessed on the building shall within fifteen
days give notice thereof, in writing, to the
Commissioner. |
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(2) The
said period of fifteen days shall be counted
from the date of the completion or of the occupation,
whichever first occurs, of the building which
has been newly erected or rebuilt, or of the
enlargement, as the case may be, and in the
case of a building which has been vacant, from
the date of the reoccupation thereof [and where
the user has been changed from the date of such
change]. |
6.
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(1) When
any building or any portion of a building which
is liable to the payment of the property taxes
or, as the case may be, the property tax is
demolished or removed, otherwise than by order
of the Commissioner, the person primarily liable
for the payment of the said tax shall give notice
thereof, in writing, to the Commissioner. |
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(2) Until
such notice is given the person aforesaid shall
continue liable to pay every such property tax
or, as the case may be, such property taxes
as he would have been liable to pay in respect
of building if the same, or any portion thereof,
had not been demolished or removed:
Provided that nothing in this rule shall apply
in respect of building or portion of a building
which has fallen down or been burnt down. |
7. |
(1)
In respect of industrial premises and in respect
of any other premises, which the Commissioner
may decide to treat as one property having regard
to the nature of the premises and the use or
uses to which they are put or are capable of
being put the reteable value of the buildings
and land comprised in such premises shall be
determined premises-wise. |
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(2) For the purpose of fixing the rateable value,
different parts of any premises may be valued
according to their use.
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(3) In
order to fix rateable value of any building
or land or premises assessable to a property
tax there shall be deducted from the amount
of the [annual letting value of such building,
land or premises a sum equal to ten per cent
of such annual letting value] and the said deduction
shall be in lieu of all allowances for repairs
or on any other account whatever.] |
8. |
(1)
To enable him to determine value of any building
or land [or premises] and the person primarily
liable for the payment of any property taxes
or, as the case may be, any property tax leviable
in respect thereof, the Commissioner may require
the owner or occupier of such building or land
[or premises] or of any portion thereof, to
furnish him, within such reasonable period as
the Commissioner prescribes in this behalf with
information or with a written return signed
by such owner or occupier:-
(a) as to the name and place of abode of the
owner or occupier, or of both the owner and
occupier of such building or land [or premises];
(b) as to the dimensions of such building or
land [or premises], or of any portion thereof
and the rent, if any, obtained for such building
or land [or premises] or any portion thereof;
and
(c) as to the actual cost or other specified
details connected with the determination of
the value of such building or land [or premises].
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(2) Every
owner or occupier on whom any such requisition
is made shall be bound to comply with the same
and to give true information or to make a true
return to the best of his knowledge or belief. |
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(3) Whoever
omits to comply with any such requisition or
fails to give true information or to make a
true return to the best of his knowledge or
belief shall, in addition to any penalty to
which he may be liable, be precluded from objection
to any assessment made by the Commissioner in
respect of such building or land [or premises]
of which he is owner or occupier. |
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(4) The
Commissioner may also, for the purpose aforesaid,
make an inspection of any such building or land
[or premises].
The factors shown in
sub-section 4 of section 141-B shall be considered
for increasing or decreasing the rate of property
tax. |
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