Section 145 in The City of Nagpur Corporation Act, 1948
145. Refund of tax on unoccupied immovable property.
(1)When any land or building or any portion of a building treated as a separate property for the purpose of assessment under any provision of this Act has been vacant and unproductive of rent for a period of at least sixty consecutive days, the [Commissioner] [This word was substituted for the words 'Chief Executive Officer' by Bombay 79 of 1958, Section 3, Schedule.] shall refund three-quarters, of the property [taxes] [This word was substituted for the word 'tax' by Maharashtra 13 of 1992, Section 24.] proportionately to the period during which the land or building has been vacant and unproductive of rent. Such a refund shall be granted proportionately for the number of months the land or building is vacant, each complete consecutive period of thirty days being reckoned as one month.(2)The burden of proving the facts entitling any person to claim relief under this section shall lie upon him.(3)For the purposes of this section any building reserved by its owner for his own occupation whenever required, shall be deemed to be occupied whether it is actually occupied by such owner or not.(4)No such refund shall be granted unless notice in writing of the circumstances under which it is claimed has been given to the [Commissioner] [This word was substituted for the words 'Chief Executive Officer' by Bombay 79 of 1958, Section 3, Schedule.] within three months of the beginning of the period for which a refund is claimed.(5)In no case shall any such refund be permitted unless the total sum demanded by way of all taxes on the property concerned has actually first been paid up to the end of the period for which the concession is claimed.
