High CourtsSingle Bench(2018) 04 CAL CK 0099

KOLKATA MUNICIPAL CORPORATION vs SUKUMAR CHAKRABORTI

Calcutta High Court · Decided on 4 April 2018

HON’BLE JUDGES
SABYASACHI BHATTACHARYYA, J
RESULT
Allowed
CASE NUMBER
C.O. No. 184 of 2018

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Judgment

12 paragraphs · 227 words

None appears for the petitioner. The opposite party appears in person with leave of Court and submits that the petitionerCorporation is not

accepting tax tendered by the opposite party at the rate of assessment, which has been challenged in the present revisional application.

It appears that the present application under Article 227 of the Constitution of India has been preferred against an assessment by the Municipal

Assessment Tribunal, Kolkata Municipal Corporation.

 In view of the grievance of the opposite party, it is hereby recorded that the opposite party will go on paying tax in respect of the property in

dispute, at the newly assessed rate, since no order of stay has been passed in connection with the revision. However, such payment will abide by

the result of this revisional application and, in the event the revisional application succeeds, the opposite party will make good the deficit in taxes as

directed in the final order in the revisional application.

It is made clear that the merits of the matter have not been considered even prima facie and all questions are kept open to be taken by both sides at

the time of revisional application is moved.

The opposite party is directed to communicate this order at the earliest to the petitioner, who is not representing.

The matter will next appear in the monthly list of May, 2018.