Ministry of Home Affairs empowered Government of Jammu and Kashmir to impose Property Tax through the Municipal Corporations, Municipal Councils and Municipal Committees by several amendments in the Jammu and Kashmir Municipal Act, 2000 and Jammu and Kashmir Municipal Corporation Act, 2000 under the Jammu and Kashmir Reorganization (Adaptation of State Laws) Order, 2020.
As per the new provisions, the property tax shall not exceed 15 percent of the taxable annal value of Land, Building or vacant land unless exempted.
The powers have been vested by way of several amendments in the Jammu and Kashmir Municipal Act, 2000 and Jammu and Kashmir Municipal Corporation Act, 2000 carried through the Jammu and Kashmir Reorganization (Adaptation of State Laws) Order, 2020 issued by the Union Home Secretary Ajay Kumar Bhallaa copy of which is in possession of groundreport.in.
Every owner or occupier, who is liable to pay Property Tax, shall every year submit to the Executive Officer or any officer authorized by him in this behalf a return in the prescribed form within the stipulated period and in the prescribed manner”, the new Sections read. Moreover, there is a provision for scrutiny of the return filed and in case of non-compliance action will be initiated.
The Property Tax assessed and levied shall be subject to revision once in three years by enhancing the tax by such percentage not exceeding 10 percent of the tax as may be prescribed, commencing from the financial year from which the Property Tax is determined.
The Property Tax shall be primarily leviable and payable if the land or building is let upon the lessor; if the land or building is sub-let upon the super lessor and if the land or building is unlet upon the person in whom the right to left the same vests.
However, if any land has been let for a term exceeding one year to a tenant and such tenant has built upon the land, the Property Tax assessed in respect of that land and the building erected thereon shall be primarily leviable upon the said tenant whether the land, building or both are in occupation of such tenant or a sub-tenant of such tenant.
As per the new provisions, when any new building is erected or any existing building is reconstructed or altered or improved or when any building which has been vacant is re-occupied, the person primarily liable to pay tax shall given notice in writing to the Executive Officer within 15 days from the date of its completion or occupation.