property tax before obtainig occupation certificate
18-Aug-2023 (In Tax Law)
The builder has offered possession before obtaining Occupation Certificate. The builder stopped paying the temporary leave license rent hence the members have occupied a flat in a redeveloped society. The society has a small "pathology Clinic" in a first floor flat above the stilt ,approved by MCGM - DCR 51(i), permissible in a residential flat.
MY queries are:
1. Who is liable to pay property tax before obtaining Occupation Certificate? builder , society or member?
2.Can MCGM charge capital based property tax as a 'shop' assessed 7.8 times the residential tax to a pathology clinic.
3. Can a small pathology clinic be considered a commercial establishment? healthcare professional are exempted from shop establishment license and GST.
Sir, it is not legal to hand-over possession without OC. Generally if there are no issues with the property OC is issued within 30 days. A lot will depend on the jurisdiction of the city as well. As far as property tax is concerned the same is again the responsibility of the Builder until OC is received and possession is handed-over. As regards other queries request you to please send an email with your queries so that we can give you a detailed opinion.
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