VidhiSangh

Supreme Court of India · 15/09/2017

MUNICIPAL CORPORATION OF DELHI versus DHAR MA PROPERTIES PVT. LTD.

[2017] 12 S.C.R. 1058 · 2017 INSC 914

AI-generated headnote. Verify against the judgment before relying on it. Paragraph numbers refer to the judgment.

Summary

A municipal notice proposing enhancement of rateable value from April 1997 was dispatched in March 1998 but received on 4 April 1998. The Court held that it could not support enhanced assessment for 1997–1998, since notice had not been given in that year. The notice remained effective for assessment from 1 April 1998 and subsequent years, the amendment having been completed within the statutory period.

Issues

  1. Whether dispatch before financial year-end constituted giving notice under Section 126.
  2. Whether late receipt for the proposed year invalidated assessment for the year of receipt and subsequent years.

Provisions considered

Held

Result

Appeal partly allowed: enhanced assessment for 1997–1998 remained impermissible, but assessment from 1 April 1998 and subsequent years was sustained to the extent indicated. No costs.

Judgment PDF: Supreme Court of India, [2017] 12 S.C.R. 1058.