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State of Jammu-Kashmir - Section

Section 88 in Jammu and Kashmir Municipal Corporation Act, 2000

88. Determination of rateable value of lands and buildings assessable to taxes.

- Subject to the rules if any made by the Government in this behalf, the rateable value of land or building assessable to taxes specified in section 86 shall be:-
(a)in the case of land, the gross annual rent at which it is let:
(b)in the case of any building the gross annual rent at which such building together with its appurtenances and may furniture that may be let for enjoyment therewith, is let, subject to the following deductions:-
(i)such deductions not exceeding ten per cent of the gross annual rent as the Commissioner in each particular case may consider reasonable allowance on account of the furniture let therewith;
(ii)a deduction of ten per cent for the cost of repairs and all other expenses necessary to maintain the building in a state to to command such gross annual rent. The deduction under this sub-clause shall be calculated on the balance of the gross annual rent after the decision, if any under sub-clause (1);
(iii)where land is let with a building, such deduction, not exceeding ten percent of the gross annual rent, as the Commissioner in each particular case may consider reasonable on account of the actual expenditure, if any, annually incurred by the owner on the up-keep of the land in a State to command such annual rent;
Explanation-I. - For the purpose of this clause it is immaterial whether the house of building and furniture and the land let for use or enjoyment therewith, are let by the same contract or by different contracts, and if by different contracts whether such contracts are made simultaneously or at different times.Explanation-II. - The term "gross annual rent" shall not include any tax payable by the owner in respect of which the owner and tenant have agreed that it shall be paid by the tenant.
(c)where the gross annual rent of any land or building cannot be determined under clause (a) or clause (b)-
(i)in the case of land, ten percent of the cost of land :
(ii)in the case of buildings, ten percent of the sum of the cost of erection of the building and the cost of land:
Provided that in the calculation of the retable value of any building ten percent of the retable value so determined shall be deducted for the cost of repairs and for all other expenses necessary to maintain the building:Provided further that where the property is in the occupation of the owner for the purpose of his own residence, the annual value shall first be determined as in clause (c) and further be reduced-
(A) where the covered area of a building underselfoccupation does not exceed fifty square meters; By full amount so determined;
(B) where the covered area of a building exceedsfiftysquare meters. By full amount so determined; for first one hundred square metersand by half of the amount so determined for the area by which itexceeds one hundred square meters;
(C) where the gross annual rent of the whole ofthe land or a building cannot be determined under any of theclauses (a) , (b) and (c)-
(i) in relation to that part or portion of such land or buildingto which clause (a) or (b) applies as determined under the saidclause; and
(ii) in relation to the remaining part or portion of such land orbuilding as determined under clause (c).
Explanation. - For the purposes of this section "cost of land" and "cost of erection of the building" shall mean cost of land and/or cost of erection of building at the time of purchase of such land and/or erection of building, as the case may be.