Kolkata local body enforces strict law upon tax delays.

Abhay Shah - February 12, 2020

Tax

Kolkata Municipal Corporation (KMC) would adopt a two-way strategy to tackle a group of real estate developers who breach municipal laws that eventually hinder apartment owners. First, any tax delays must be paid by the builder and not the buyer. Second, until the KMC provides the developer with a clearance certificate (CC) a buyer cannot be handed over the possession.

On 8 February, Mayor Firhad Hakim asked senior officials in the KMC evaluation department not to pressure an apartment owner, in any situations, to pay property tax that has not been paid before an apartment was registered. Rather, the landowner or developer will be responsible for the property tax accrued.

The senior citizen residing in Behala on February 8 called Hakim and complained of the high standing of a group of assessment officials, asking for the property tax that had been shown to be pending since 2017 while the apartment had been taken over in 2019.

Hakim asked the senior KMC official who was present at the meeting why the department had not carefully checked the demand notice before sending it to the flat owner, who was not the owner of the flat at that time and could, therefore, have been a defaulting party. Hakim asks the caller to send a request for redress to his office.

Hakim subsequently said officials of the assessment department would be informed that they would assess the flat-owners ‘liabilities’ or real estate promoters before delivering unpaid tax notices.

Hakim further told KMC officials of the building department that no occupancy certificate was issued by the municipal government until the buildings department granted the promoter a CC.

An official of KMC’s buildings department agreed that the civic body would first compel a promoter to apply for a CC and a proper occupancy certificate would be given following proper site inspection. “If we conclude that the building is complete with a range of essential services and that building standard are not breached, the promoter is to be given the CC which will allow him to apply for a certificate of occupancy,” said a senior official in the KMC building department.

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