Property Tax

[FPL AOA]

Dear President - GCC

In reference to your communication date 30-Oct-2013 (as attached) to the citizens of Gurgaon, more specifically to those owning a house/flat in private licensed colonies and group housing complex build by private builders under license from the DGTCP Haryana, we understand that GCC had filed writ petition in the Punjab & Haryana High Court and an SLP in the Supreme Court contending that the property tax shall not be levied on the licensed colonies until they have been granted completion certificates and the colony is handed over to MCG.

Kindly update us on the outcome of the cases and what is the government stand on this issue.

We have however not received any property tax demand from the concerned authorities till date, but there are apprehensions running in the minds of apartment owners what if they get huge and bloated bills in future with penalties and how do we counter that.

This fear also comes to our mind due to the fact that the MCG had been conducting tax collection camps in several group housing societies like ours. We are not sure if they ever got demand notice from MCG and what is the completion status of those developments.

Your expert guidance in this matter will help us allay fears from the minds of apartment owners in our society.

Thank you very much in advance for your kind support.

​Best ​

Regards

Dhanendra Pal

Secretary

​ - FPLAOA​

[Central Park 2 RWA]

Central Park 2 RWA also is in a similar situation, we request your advice and guidance on this issue with supporting documents that can be shared with apartment owners.

Regards

Anil Sharma

www.cp2rwa.org

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Central Park 2 Residents Welfare Association (Regd)

Web : www.cp2rwa.org

Facebook :  http://www.facebook.com/cp2rwa

Blog : http://centralpark2gurgaon.blogspot.in/

Email : ma...@cp2rwa.org

[Vikas Gupta]

The last I heard from Mr.Rathi last week was the rescheduling of the date of hearing to June.

Vikas

Sent from my Hand Phone.
Please excuse brevity & spell mistakes.

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From: Central Park 2 RWA
Sent: 30-03-2015 10:54
To: gurgaon-...@googlegroups.com
Cc: Gurgaon Citizens' Council; qerwa2...@gmail.com; rajat kumar
Subject: Re: RWA-Forum Property Tax

[Central Park 2 RWA]

Thanks Vikas but we need the Case number or the latest order copy to show that case is underway and there is some sort of stay on paying property tax.

[FPL AOA]

Dear Mr. Anil Sharma

As per MCG guidelines, the property tax assessment shall be done on the actual carpet area of a flat, but as is the general practice, all builders sell the property based on super area and never disclose the carpet area to the buyers and super area in roughly more than 25% to 45% of carpet area.

We had written to the DGTCP asking him to provide us the carpet area and also an RTI application to this effect, but we have not been successful in getting the required information till date and they have been delaying the RTI one way or another. It is at the Second appeal stage now.

Do you have the carpet area information for the flats in you complex or did you also initiate inquiry with DGTCP or MCG to get carpet area details?

Regards

Dhanendra Pal

Secretary

[Central Park 2 RWA]

I think there is a simpler solution to calculate Carpet Area. 

In any approved building plan of DTCP, the area of each building  and apartment is mentioned. We have got building plans through RTI and from the builder, these clearly highlight the actual measurements of the flats. When it comes to paying property tax, we intend to use these plans. The same plans are also attached by the builder to the Deed of Declaration, so they are validated.

Regards

Anil

[Central Park 2 RWA]

Dear Sir

Please inform if there is any update on this matter. If there is any stay from the high court or supreme court, please share a copy of the order or case numbers so we can follow.

Regards

Anil Sharma

Joint Secretary, CP2RWA.

On Tue, Mar 31, 2015 at 4:36 PM, Gurgaon Citizens' Council <gurgaon.citi...@gmail.com> wrote:

Dear Sir, 

Thanks for your queries and would like to clarify the following:-

1. The next hearing is fixed for June 2015, the exact date is not confirmed yet. On the last hearing in December 2014, the government counsel request for 6 months time period as new government is formed so that the builders  will get another 6 months to complete the internal development as well as HUDA will get for external development completion.  Our intention is to complete the colony in totality and hand over in a proper manner to Corporation so that once the colony vest with Corporation hands under their control they will be in a position to charge house tax and we are also liable to pay the charges. 

2. Municipal Corporation Gurgaon is collecting random amount and sending assessment notices to the property owners as per the licensed builder details given to them. 

3. In your case they may not be having the full details of the property owners. 

4. The present intimation cannot be taken as notice served for the house tax so until otherwise it is not served to you in a proper manner you are not liable for any payment to corporation. As such don't worry about the other levies/penalties. 

5. As per the Haryana Municipal Act, once the area vest and under the control of Municipal Corporation and proper inventories made for the complete assets and u/s 42, 43 proper obligatory services are provided to the residents, house tax is not normally charged. 

6. Every year initial 2-3 months Municipal Corporation tries various ways to collect tax even by giving discount and waive of interest/penalties so you should not take all this into account and afraid of their tactics. As an example the Municipal Corporation could not collect even 10% of the total tax to be collected till date. 

7. As per the Municipal Act 1994, there is a provision that once you get a proper assessment notice, you can individually object to it as per your knowledge and request for a personal hearing then only they can take any action against you. Accordingly we have prepared an objection letter which you can collect from our office and same will be file on your behalf in MCG office. 

Further for any clarification you are always welcome to call us and will be help you accordingly.

On Mon, Mar 30, 2015 at 10:46 AM, FPL AOA <freedom...@gmail.com> wrote:

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Thanks and Regards 


Gaurav Singla (PRO) 
Gurgaon Citizens' Council
49 Arjun Marg DLF City-I
Gurgaon-122002
Ph: 0124-4081537 M.NO. 9810062284