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What is the legal process for recovery of tax dues?

Issuance of Demand Notice

  • The recovery process begins with the official demand notice issued by the municipal authority.
  • The notice outlines the amount of property tax due, including penalties and interest.
  • It specifies a deadline for payment, usually ranging from 15 to 30 days.
  • Non-compliance with the notice leads to the initiation of recovery proceedings.
  • This step serves as the taxpayer’s final opportunity to pay voluntarily.

Reminder and Warning Notices

  • If payment is not made, the local body may issue a reminder or warning notice.
  • The notice may warn of legal actions, interest escalation, or asset attachment.
  • In some cases, municipalities provide a grace period before enforcement.
  • Defaulters may also be listed publicly or published in local newspapers.
  • Repeated non-payment is recorded in the property ledger for enforcement action.

Attachment of Property

  • Municipal authorities are empowered to attach movable or immovable property.
  • A warrant of attachment is issued under relevant municipal laws or acts.
  • This may include sealing of the premises, freezing of accounts, or confiscation of belongings.
  • Notices of attachment are displayed on the property and communicated to the owner.
  • The property cannot be sold, transferred, or mortgaged during attachment.

Auction and Sale of Property

  • If dues remain unpaid, the authority may proceed with public auction of the property.
  • Auction procedures follow public notice, valuation, and competitive bidding.
  • Sale proceeds are used to recover the tax dues and related expenses.
  • Any remaining amount is returned to the original owner after settlement.
  • The process is governed by the state municipal act or revenue recovery rules.

Legal Remedies and Appeals

  • Taxpayers can file an appeal or objection with the appellate officer or tax tribunal.
  • Grounds may include wrong assessment, excess billing, or ownership disputes.
  • Payment of dues under protest may be allowed pending resolution.
  • Courts may issue a stay on recovery if the case is under litigation.
  • Timely response and documentation are essential to halt or reverse recovery actions.

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