The property tax is mainly charged on the property and the owner of the property is liable to pay the tax as per Section 66 of NDMC Act. If the owner does not make the payment, the property tax can be recovered from the occupant of the property.
The property tax is assessed on the basis of provisions mentioned in Section 63 of NDMC Act, 1994. As per the Hon'ble Supreme Court Judgment on Bye-laws 2009, the assessment can be done on the basis of Unit Area Method whether the assessee has agreed for the same. In rest of the cases, the assessment is made on the basis of hypothetical rent/actual rent a property is able to fetch to the owner.
The Rateable Value of the property can be altered after issuing the notice u/s 72 of the NDMC Act and the notice is finalized after the due hearing to the assessee.
At present, the mutation of the property is done on the same day once the property is registered through 'on-line 'information received from the Registrar Office.
However, the outstanding dues are required to be clear within the moth after this on-line mutation. For the mutation of the property, the following documents are required:-
(i) Indemnity Bond and Affidavit as per the format uploaded on the portal of NDMC in property tax department;
(ii) The realization of transfer duty of sale deed in the treasury of NDMC;
(iil) Payment of outstanding dues.
(iv) Penalty/Fine for non-submitting the information in a time bound manner is Rs.100/- as per Tenth Schedule of the Act.
The assessment can be appealed as per Section 116 of NDMC Act Detore the District/Court. If there is any factual error/methodology adopted in the assessment order, the assessment order can be rectified as per provisions of Section 72 of Act after making the written appeal within 30 days of the assessment order passed by the concerned officer.
The assessment is made as per the provisions of Section 63(2) of NDMC Act and the date of demolition and completion is verified by the Chief Architect Department for calculation of the period to be covered under this method. The Rateable Value is fixed at the 5% of the estimated capital value of the land, as on the date of demolition.
The "Vacancy Remission' of the 50% is allowed w's 110(2) of the NDMC Act if the assessee demand for the same and liquidate balance amount within the same financial year.