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Q. corporation asking to pay commercial property tax

Q.corporation asking to pay commercial property tax
Sir,
I'm having 18-rooms building in pune. It is individually owned. Recently 1-year before maintenance society was formed and it made complaint against me to Pune Muncipal Corporation to charge me as commercial property tax. Till now since last 20-years I've been paying residential tax. In 12-rooms i'm keeping paying guest. Is it correct for the Muncipal Corporation to charge me as Commercial tax ? What I've to do so that corporation does not charge my property as commercial because Paying guest is not an commercial business?

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ROBERT D ROZARIO

Experience: 15 Year(s)

Responded 11 months ago

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A. ) Making any sort of earnings or profit from house property either from paying guest or tenants amounts to commercial business and the Corporation is correct in putting your property under commercial cap. What you can do is to appear before the concerned hearing officer on the date of hearing as mentioned in the notice and seek for some relief in the property tax.

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sachin Yewale

Replied 11 months ago

yes. The corncerned hearing officer for the time being has given relief for the time being. But he said the society complaint about you so we took further action. I told him commercial tax has to be levied on other neighbouring properties or flats also who have given on leave license to families or bachelors. You cannot just point out me alone for the commercial tax on behalf of society complaint. It's not justified.

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ROBERT D ROZARIO

Experience: 15 Year(s)

Replied 11 months ago

Merely putting up your submission before the Hearing officer will do no good. You need to give a written representation to the municipality and thereafter file a writ petition in Bombay High Court and bring all those neighbours to accountability. This is a teeth for tat tactics. Why only you suffer will others levied with a residential property tax. If you want you can engage me to conduct your case in Bombay High Court.

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ROBERT D ROZARIO

Experience: 15 Year(s)

Replied 11 months ago

If you are aggrieved by the order of the hearing officer, you can prefer an appeal before the Pune Municipal Tribunal. There's a limitation period to prefer such appeal. So do what is appropriate.

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sachin Yewale

Replied 11 months ago

Thanks a lot for your valuable suggestion. Hearing officer is not giving information on current tax rate i.e. per sq ft rate for residential and commercial property. Exact formula to calculate tax is also not clear. In other states tax rate for residential, commercial, Hostel, Hotel or lodging is different. But Pune Municipal is not transparent in its policy?
It's not even mentioned on PMC website!!!
When to start legal proceedings after we receive property tax bill or we have to ask hearing officer to give in written their demands for the tax amount they want to charge?
How much would be High court fees or legal expenses to file writ petition as you mentioned above??
Ultimately after doing all this will my property be charged with commercial or residential tax or some other solution?

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Namitabh Kothari

Experience: 19 Year(s)

Responded 11 months ago

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A. ) Kindly contact VIDHIKARYA for further discussion.

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Kishan Dutt Kalaskar Retired Judge

Experience: 33 Year(s)

Responded 11 months ago

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A. ) Dear Sir,
You can go to High Court and get stay order if any issued Municipal Corporation. However you can ignore the notice issued by the society.

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Rajender Prasad

Experience: 5 Year(s)

Responded 11 months ago

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A. ) represent your case to M.C. through some advocate. Contact vidhikarya.com in the matter

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Deepak Yashwantrao Bade

Experience: 9 Year(s)

Responded 11 months ago

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A. ) Dear client kindly file case for change your tax profile into commercial tax

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sachin Yewale

Replied 11 months ago

currently my tax profile is residential i do not want to change to commercial tax. If a flat is give on rent does it attracts commercial tax? Same way it's my residence i've extra rooms so i keep paying guest how can i pay commercial tax?

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Namitabh Kothari

Experience: 19 Year(s)

Responded 11 months ago

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A. ) You will have to challenge the commercial tax by filing case in court

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sachin Yewale

Replied 11 months ago

what would be our stand for filing case in court? can u elaborate

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Namitabh Kothari

Experience: 19 Year(s)

Replied 11 months ago

Kindly contact VIDHIKARYA for further discussion.

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Rameshwar Dadhe

Experience: 2 Year(s)

Responded 11 months ago

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A. ) By advocate Rameshwor dadhe dear sir you are using it as a commercial purposes. You must pay taxes like commercial. Commercial tax attract on his property. Municipal corporation are on right way

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sachin Yewale

Replied 11 months ago

It's my residence and in extra rooms i'm keeping paying guest how can it be commercial? It's not shop or office only students or bachelors stay as per their requirement. If a flat given on rent to students or family also attracts commercial property tax? A lot of flats given on rent in my area but they do not pay commercial tax? How does this commercial tax applies to me only instead of all other rented premises also?

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Rameshwar Dadhe

Experience: 2 Year(s)

Replied 11 months ago

Dear sir residential is deferent and paying guest. Is coming in the commercial purposes. It is your income source.

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