What will happen if tax assessment is not done for the past 20 years

Hi. We have a 20 year old property land open plot in Nagpur. It is an empty plot and is not in use. Since the property was bought from seller and paperwork done with NIT(nagpur improvement trust) 20 years ago, the municipal property tax is not yet assessed with the nagpur municipal corporation. Also, we have not received any tax assessment notice or any other notice from the municipal corporation till now. I want to know is will we face any problems related to tax/seizure from the municipality if we don't do property assessment for the next 2-3 years. What can be the complications?

Answers (1)

Hi. You will have to inquire with the Municipal Corporation for this. Assessing property for tax and levying of tax is the prerogative of the local body. If you haven't received any demand notice for payment of property tax till now, you need not worry until you receive one. Now how the municipal corporation will apply the tax on your plot i.e either with retrospective or prospective effect depends on the local municipal law prevalent and applicable in your area. It also depends what all amenities are attached to this plot which are being provided by the municipal corporation which will have a bearing on the taxation. The fact that the plot is not in use and unbuilt upon, implies that it does not attract property tax as per local laws. As and when in future you receive a demand notice for payment of property tax which is unreasonable or charges you from retrospective effect i.e even before the carrying on of assessment, you can always challenge such notice legally by filing a Writ Petition in High Court which gets resolved quite quickly. If you are too worried about the non assessment of your plot you can always approach the Municipal Corporation for clarity. As an aside you may also approach some acquaintance of yours who is affiliated to the Municipal Corporation to know how the the assessment and levying of tax is done for plots like yours, if at all you are not comfortable going to the Municipal Corporation office. Lastly if the local body does do the assessment and charge property tax from you which is reasonable and commensurate with your plot type and if you pay such tax then there is no question of any seizure or attachment. Even if no assessment is done and you haven't yet received any demand notice, the Municipal Corporation just cannot out of a blue moon seize or attach your plot without following the due process of law. The process involves giving you a show cause notice or demand notice intimating you to pay the tax along with an opportunity of hearing to consider any objections by you against the rate of assessment and levy. The local body then has to consider your say and written reply regarding the rate of assessment adopted by the corporation and the quantum of levy. If your objections are considered and the rate and levy are modified then good. If not then you can challenge such inaction and non consideration in court. So do not worry. Nothing can be done without following due process of law. Thanx

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