Section 152A in The Gujarat Provincial Municipal Corporations Act, 1949
152A. [ Assessment, Levy, etc., of property taxes in the city of Ahmedabad for past years in respect of certain properties. [Section 152A was inserted by Gujarat 8 of 1908, section 7 (w.e.f. 30-03-1968).]
- (l) In the City of Ahmedabad if in respect of premises included in the assessment book relating to Special Property Section, the levy, assessment, collection or recovery of any of the property taxes for any official year preceding the official year commencing on the 1st April, 1968 is affected by a decree or order of a Court on the ground that the determination of the rateable value of the premises on the basis of rental value per foot of the floor area was not according to law or that sub-rules (2) and (3) of rule 7 of the rules contained in Chapter VIII of Schedule A to this Act were invalid, then it shall be lawful for the Municipal Corporation of the City of Ahmedabad to assess or reassess in respect of such premises any such property tax for any such official year at the rates applicable for that year in accordance with the provisions of this Act and the rules as amended by the [Bombay Provincial Municipal Corporations (Gujarat Amendment) Act, 1968 (Gujarat 8 of 1968) and the Bombay Provincial Municipal Corporations (Gujarat Amendment and Validating Provisions) Act, 1970 (Gujarat 5 of 1970), as if the said Acts] had been in force during the year for which any such tax is to be assessed or reassessed; and accordingly the rateable value of lands and buildings in such premises may be fixed and any such tax when assessed or reassessed may be levied, collected and recovered by the said Corporation and provisions of this Act, the rules shall so far as may be apply to such levy, collection and recovery and the fixation of rateable value and the assessment or reassessment, levy, collection and recovery of and such tax under this section shall be valid and shall not be called in question on the ground that the same were in any way inconsistent with the provisions of this Act and the rules as in force prior to the [commencement of the aforesaid Acts] [These words were substituted for the words 'commencement of the said Act' by Gujarat 5 of 1970, section 9(1)(ii).]Provided that if in respect of any such premises the amount of tax assessed or reassessed for any year in accordance with the provisions of this section exceeds the amount of tax which but for the decree or order of the Court as aforesaid could have been assessed for that year in respect of the premises, then the amount of tax to be levied for that year in respect of the premises in accordance with the provisions of this section shall be an amount arrived at after deducting from the amount of tax so assessed or reassessed such amount as may be equal to the amount as so in excess.(2)Where any such property tax in respect of any such premises in assessed or reassessed under sub-section (1) for any official year and in respect of the same premises, the property tax for that year has already been collected or recovered then the amount of tax so collected or recovered shall be taken into account in determining the amount of tax to be levied and colleted under sub-section (1) and if the amount already collected or recovered exceeds the amount to be so levied and collected, the excess shall be refunded in accordance with the rules.](3)[ Notwithstanding anything contained in any judgement, decree or order of any Court, it shall be lawful and shall be deemed always to have been lawful, for the Municipal Corporation of the City of Ahmedabad to withhold refund of the amount already collected or recovered in respect of any of the property taxes to which sub-section (1) applies till assessment or reassessment of such property taxes is made, and the amount of tax to be levied and collected is determined under sub-section (1):Provided that the Corporation shall pay simple interest a the rate of six per cent, per annum on the amount of excess liable to be refunded under sub-section (2), from the date of decree or order of the Court referred to in sub-section (1) to the date on which such excess is refunded.] [Sub-section (3) was inserted by Gujarat 5 of 1970, section 9(2).]
