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Self Assessment Scheme - Frequently Asked
Questions
What is the procedure to be followed
for self assessment?
All the Land Owners or the Occupants shall fill up the
particulars in the Proforma provided by the City Municipal Council and
submit to the office in duplicate, commencing from 1st April and before 30th
June.
What are the properties subject to tax?
Except the properties, which are exempted from tax under law, the tax is
levied on all the remaining buildings, land, structures with land and all
the non-agricultural lands within the limits of City Municipal Council.
What are the properties subject to
exemption/concession of tax?
The buildings used under the ownership of the Central and State for
government purposes and the lands and buildings of public temples, and
charitable institutions are exempted from the payment of tax.
What is the procedure for assessing the
original value of the buildings and lands?
The Committees constituted under Sec 45-8 of the Karnataka
Stamp Act have assessed and published the estimated market value of land and
various type of buildings in different places of municipal areas. The rates
in the current published list are given in Annexure -Land Annexure -2 of
this Hand Book. When the market value published in Annexure -1 of this Hand
Book is made applicable to concerned area, premises, road, street, where the
property is situated and multiplied with the extent of site, the outcome of
the value is the original value. While assessing the original value on the
buildings, the respective building construction cost referred in Annexure-2
of this Hand Book shall be multiplied with the measurement of the building
in accordance with the depreciation rates mentioned in Annexure-6 and there
after the tax shall be assessed on the amount remaining after depreciation.
How to assess the tax on the basis of
capital value?
After calculating the capital value on the vacant premises
and buildings, the rate of tax assessed by the Council in Annexure-3 is
multiplied, you will get the capital revenue payable and when 44% cess is
added to this capital revenue, you will get the total property tax payable.
How to submit Declaration (Particulars
List)?
After calculating the tax amount on the vacant premises and
buildings, the entire tax amount (including cess) shall be remitted in the
Banks in quadruplicate notified by the Council for this purpose. The filled
in Declaration form accompanied by the certified copy of tax paid receipt
and a copy of the Particulars of Property Tax Calculation shall be submitted
to the Assessing Officer with true and proper information before June 30th
of the respective year and shall get acknowledgement. The proforma of
Declaration is enclosed herewith.
Is there any concession in this Tax?
Yes, the concession at the rate of 5% will be allowed to the
assessee, who makes the tax payment by submitting particulars during the
opening of financial year i.e., before 30th April. A concession of 50% is
allowed on the building utilized for self-occupation under this Self
Assessment Scheme.
Duration for verification and approval
of the Tax in Particulars List?
The officers of the council have powers to verify and
complete the assessment within one year from the date of submission of
particulars list, in accordance with the law.
What is Property Tax Register?
The particulars regarding the payment of tax by the owners
and occupiers of the Land and Buildings in revenue division of each and
every ward will be published in this Property Tax Register. The interested
persons may verify the said details free of cost otherwise the requisite fee
should be paid and the certified copy may be obtained.
Is there any action against the persons
who submit wrong declaration and not before 30th June?
Obviously, when any owner or the Occupier provides incomplete
and improper information or particulars, the officer of the authority
inspects the spot/premises, subject to the tax assessment and after
assessing the required tax, gives a copy of one such order. If it is found
that the assessee is pre-determined with an intention to evade the payment
of tax, then twice the tax difference in the tax assessed by the Officer and
the self assessed tax may be imposed on the assessee.
When the owner of the property fails to submit the
particulars, the officer of the authority may assess the tax and impose
penalty @ 50% on the said amount.
What is action against the
un-authorized and buildings constructed in violation of rules?
When the buildings are constructed without obtaining
necessary official plan from the City Municipal Council and buildings
constructed in violation of the directions and the rules, the officer of the
authority may assesses the tax and levy penalty twice the assessed amount
and further until the buildings constructed in violation of rules are
set-right, the imposition of penalty continues every year. This action will
not prohibit the law to take action against the unauthorized buildings.
Whether the assessee derives the
property right on the property subject to tax under Self Assessment Scheme.
No. All the buildings, lands falling within the jurisdiction of City
Municipal Council/ Town Municipal Coucil/ Town Panchayath shall have to pay
tax. There is no restriction that you should have Khatha, Mutation or Record
of Rights to pay the tax and further the owners of any un-numbered property
of the Municipal Corporation also have to pay the property tax and sumit the
particulars. The certified copy of the Property Tax Order and Property Tax
Register relate the payment of tax. Separate action will be taken in
accordance with law regarding the Mutation and Record of Rights.
Whether appeal provision is made as
against the tax assessed by the officer and the penalty imposed thereof?
Yes. When the officer of the Authority assesses the tax and imposes the
penalty, the Owner of the property on receipt of the said order may admit
the same and pay the penalty or otherwise may prefer an appeal with valid
grounds before the competent officer within 30 days from the date of receipt
of such order, and the officer receiving such appeal may revise or confirm
the assessment ad penalty within 60 days and such order of the appeal will
be made available to the owner. This order if final.
An appeal may be preferred under Sec. 150 before the Magistrate as against
the Demand Notice issued under Sec. 142 (3) of the Karnataka Municipal
Corporation Act. 1964.
What action will be taken against the
tax evaders ad who do not pay the tax?
Under this Self Assessment Scheme, all the buildings, properties and the
lands falling within the limits of the City Municipal Council shall
voluntarily calculate the tax, pay the tax and submit the tax paid challan
with the property details within 30th June of every year compulsorily. The
owners or the occupiers not following the said procedure will be issued
claim notice under section 142 (3) of the Karnataka Municipal Corporation
Act, 1964 and thereafter the movable properties of the owners or occupiers
not paying the tax and penalty within 30 days will be attached and the tax
and penalty payable will be realized by disposing of the said properties in
action and with regard to the remaining tax, necessary application will be
filed before the competent Judicial Magistrate under Section 147 and an
order will be obtained for twice the penalty of remaining tax. Such action
may be taken from the assessment year and within 6 years. This tax scheme is
very easy and is formed in the interest of public. Therefore, the public are
hereby requested to know the transparency of this scheme and be pleased to
provide proper and true information to the authority, pay the property tax
in time by submitting the particulars and co-operate with the Municipal
Council for your over-all development and for providing sufficient civic
amenities to you.
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