Section 174 in The Calcutta Municipal Corporation Act, 1980
174. Determination of annual valuation. -
(1)Notwithstanding anything contained in the West Bengal Premises Tenancy Act, 1956 or in any other law for the time being in force, for the purpose of assessment to the consolidated rate, the annual value of any land or building shall be deemed to be the gross annual rent including service charges, if any, at which such land or building might at the time of assessment be reasonably expected to let from year to year, less an allowance of ten per cent., for the cost of repairs and other expenses necessary to maintain such land or building in a state to command such gross rent :[provided that where there is a transfer, inter vivos, of ownership of any land or building since the last preceding periodical assessment under section 179, the annual value of such land or building shall be fixed at seven and a half per cent, of the amount stated in the deed of transfer as consideration for such transfer or, if no consideration is stated in such deed of transfer, at seven and a half per cent, of the estimated market value thereof:] [Proviso inserted by W.B. Act 26 of 1997.][Provided further that] [Words substituted by W.B. Act 26 of 1997.] while determining the annual value in the case of any land or building or portion thereof exclusively used by the owner for his residential purpose, the gross annual rent of such land or building or portion, as the case may be, shall be reduced,-(a)where the gross annual rent does not exceed six hundred rupees, by thirty per cent.;(b)where the gross annual rent exceeds six hundred rupees but does not exceed eighteen thousand rupees, by such percentage of the gross annual rent as is worked out by dividing the gross annual rent by six hundred and subtracting the quotient from thirty-one, the difference being rounded off to the nearest place of decimal :[Provided also] [Words substituted by W.B. Act 26 of 1997.] that no such reduction in gross annual rent shall be made-(a)in case the total covered area in any land or building under occupation for residential purpose by the owner exceeds one hundred and fifty square metres, or(b)where a person owns or occupies for residential purpose more than one plot of land or building or portions thereof within the municipal limit of Calcutta.(2)The annual value of any land which is not built upon shall be fixed at seven per cent, of the estimated market value of the land.(3)If the gross annual rent of any class or classes of lands or buildings used exclusively for hospital or educational purposes or [for the purposes of sports or as a place of worship or as a place for disposal of the dead] [Words substituted by W.B. Act 13 of 1984.] cannot be easily estimated, the gross annual rent of such building shall be deemed to be five per cent, of the value of the building obtained by adding the estimated cost of erecting the building at the time of assessment less a reasonable amount to be deducted on account of depreciation, if any, to the estimated present market value of the land valued with the building as part of the same premises.(4)In the case of any land or building or part thereof used for public cinema shows or theatrical performances or as a place of similar public recreation, amusement or entertainment, the gross annual rent of such land or building or part thereof, as the case may be, shall be deemed to be seven and a half per cent, of the gross annual receipts in respect of such cinema shows or theatrical performances or place of public recreation, amusement or entertainment, including receipts from rent and advertisements and sale of admission tickets but excluding taxes on the same of such tickets :Provided that the provisions of this sub-section shall not apply in the case of temporary fairs, circuses, and casual shows or performances.(4A)[ If the gross annual rent of any land or building or part thereof cannot be easily estimated, the gross annual rent of such land or building for the purposes of sub-section (1) shall be deemed to be seven and half per cent, of the value of the building obtained by adding the estimated present cost of erecting the building at the time of assessment less a reasonable amount to be deducted on account of depreciation, if any, to the estimated present market value of the land:] [Sub-section (4A) with the proviso inserted by W.B. Act 32 of 1983.]Provided that the estimated present cost shall not include the cost of any plant or machinery, excepting those enumerated in Schedule VIII, on the land or the building as aforesaid.(5)The annual value as determined under this Chapter shall be rounded off to the nearest ten rupees.
