113. Taxes to be imposed by the Corporation under this Act.—(1) 5
[ 6
[The Corporation]] shall, for
the purposes of this Act, levy the following taxes, namely:—
(a) property taxes;
(b) a tax on vehicles and animals;
(c) a theatre-tax;
(d) a tax on advertisements other than advertisements published in the newspapers;
(e) a duty on the transfer of property; and
(f) a tax on buildings payable along with the application for sanction of the building plan.
(2) In addition to the taxes specified in sub-section (1), 2
[
3
[the Corporation]] may, for the purposes of
this Act, levy any of the following taxes, namely:—
(a) an education cess;
(b) a local rate on land revenues;
(c) a tax on professions, trades, callings and employments;
(d) a tax on the consumption, 7
[sale or supply] of electricity;
1. Omitted by Act 67 of 1993, s. 79 (w.e.f. 1-10-1993).
2. Subs. by Delhi Act 12 of 2011, s. 2 “the Corporation” (w.e.f. 13-1-2012).
3. Subs. by Act 10 of 2022, s. 2, for “a Corporation” (w.e.f. 22-5-2022).
4. Certain words omitted by Act 67 of 1993, s. 80 (w.e.f. 1-10-1993).
5. Subs. by Delhi Act 12 of 2011, s. 2 “The Corporation” (w.e.f. 13-1-2012).
6. Subs. by Act 10 of 2022, s. 2, for “A Corporation” (w.e.f. 22-5-2022).
7. Subs. by Act 42 of 1961, s. 7, for “or sale” (w.e.f. 12-9-1961).
68
(e) a betterment tax on the increase in urban land values caused by the execution of any
development or improvement work;
(f) a tax on boats; and
(g) tolls.
(3) The taxes specified in sub-section (1) sub-section (2) shall be levied, assessed and collected in
accordance with the provisions of this Act and the bye-laws made thereunder.
1
[Explanation.—In this Chapter, "person" shall, unless the context otherwise requires, include a
company, a society registered under any law for the time being in force, an association of individuals, a
partnership, and a Hindu undivided family.]
Property taxes
2
[114. Components of property tax.—Save as otherwise provided in this Act, the property taxes shall
be levied on lands and buildings in Delhi and shall consist of the following, namely:--
(a) a building tax, and
(b) a vacant land tax.]
114A. Building tax.—For any building, the building tax shall be equal to the rate of building tax as
may be prescribed by 3
[
4
[a Corporation]] under section 114D multiplied by the annual value of the
covered space of building determined under sub-section (1) of section 116E or section 116F.
114B. Rebate for senior citizens, women and physically challenged persons.—In the case of any
self-occupied residential building singly owned by a man who is sixty-five years or more in age or by a
woman irrespective of her age or a physically challenged person as may be defined in the bye-laws,
irrespective of age, or jointly owned by any of these categories, 3
[
4
[the Corporation]] may specify a rebate
on the building tax not exceeding thirty per cent of the tax due on the covered space of such building up to
one hundred square metres of the covered space:
Provided that such rebate shall not be available for more than one residential building within the
jurisdiction of the National Capital Territory of Delhi.
114C. Vacant land tax.—The vacant land tax in respect of any premises shall be equal to the rate of
vacant land tax as may be specified by 3
[
4
[the Corporation]] under section 114E multiplied by the annual
value of the vacant land determined under sub-section (3) of section 116E;
Provided that where there is any construction on the land and the area of plinth of such building is in
excess of such percentage of the area of the plot, as may be prescribed in the bye-laws, no vacant land tax
shall be levied.
114D. Rate of building tax.—Save as otherwise provided in this Act, the base rate of property tax on
buildings in Delhi shall be between a minimum of six per cent, and a maximum of twenty per cent, of the
annual values of such buildings as may be specified by 3
[
4
[the Corporation] from time to time:
Provided that 3
[
4
[the Corporation] may, at any time, prescribe fixed rates between the minimum and
the maximum rates of tax as aforesaid for different colonies or for different groups of buildings in such
colonies:
Provided further that 3
[
4
[the Corporation] may also introduce graduated rates of tax within the
minimum and the maximum rates of tax as aforesaid on the basis of straight line system or any other system
as may be specified by 3
[
4
[the Corporation].
Explanation—"Straight line system" shall mean the system in which the rate of tax is equivalent to the
annual value of a property (X) divided by the minimum annual value (X1) and Y being added to the quotient
1. Ins. by Delhi Act 6 of 2003, s. 4 (w.e.f. 1-8-2003).
2. Subs. by s. 5, ibid., for section 114 (w.e.f. 1-8-2003).
3. Subs. by Delhi Act 12 of 2011, s. 2 “the Corporation” (w.e.f. 13-1-2012).
4. Subs. by Act 10 of 2022, s. 2, for “a Corporation” (w.e.f. 22-5-2022).
69
so arrived, Y being the difference between the maximum rate of tax and the quotient of maximum (X2) and
minimum (X1) annual values.
114E. Rate of vacant land tax.—Save as otherwise provided in this Act, the rate of tax on vacant lands
in Delhi shall be between a minimum of six per cent, and a maximum of twenty per cent, of the annual
value of such lands as may be specified by 1
[ 2
[the Corporation] from time to time.
Provided that 1
[ 2
[the Corporation] may, at any time, specify fixed rates between the minimum and the
maximum rates of tax as aforesaid for different colonies or for different groups of vacant lands in such
colonies.
Provided further that 1
[
2
[the Corporation] may also introduce graduated rates of tax within the
minimum and the maximum rates of tax as aforesaid on the basis of straight line system or any other system
as may be specified by 1
[ 2
[the Corporation].
Explanation.—Straight line system' shall have the same meaning as in the Explanation to the second
proviso to section 114D.]
3
[115. Exemption of vacant lands and buildings from property tax.—(1) Save as otherwise provided
in this Act, property tax shall be levied on all vacant lands and buildings in Delhi except—
(i) vacant lands and buildings (other than dwelling houses) exclusively used for agricultural
purposes in accordance with the guidelines prescribed in the bye-laws;
(ii) any vacant land or building included in any village a badi, which is occupied for residential
purpose by any original owner or his legal heir, subject to a maximum of one hundred square metres of
covered space;
(iii) vacant lands or buildings or portions thereof, exclusively used for the purpose of public
worship;
(iv) vacant land or buildings or portions thereof, exclusively occupied and used, with the approval
of 1
[
2
[the Corporation]], for the purpose of public charity as may be specified in the bye-laws or for the
purpose of medical relief to, or education of, the poor, free of charge;
(v) vacant lands or buildings exclusively used for the purpose of public burial or as cremation
ground, or any other place used for the disposal of the dead, duly registered under this Act;
(vi) such heritage lands or buildings as are specifically notified for exemption by 1
[
2
[the
Corporation] as also such premises as are so specified by the Archeological Survey of India;
(vii) vacant lands and buildings owned exclusively by war widows, gallantry award winners in
Defence Forces, Police and Paramilitary Forces as also civilians who have received bravery awards of
the highest order from the Government including Annual Bravery Awards given by the President:
Provided that the exemption shall be subject to the condition that—
(a) The premises in question is in self-occupation for residential use and no portion thereof is
let out for any purpose, whatsoever;
(b) In case the person concerned has more than one property in Delhi, the exemption shall be
applicable to only one property which is permanently used for self-residence;
(c) The benefit of exemption shall be limited to the life time of the person concerned, except
where the award has been granted posthumously, in which case the exemption will be granted to
the widow of the gallantry award winner;
(viii) vacant lands and buildings owned by, or vested in, 1
[
2
[the Corporation] but not leased out or
rented out, and in respect of which the property tax, if levied, would, under the provisions of this Act,
be leviable primarily on 1
[
2
[the Corporation].
Explanation-- For the purpose of clause (iii), no portion of any vacant land or building where any trade
or business is carried on, or which is used for residential purpose, or in respect of which any rent or income
is derived, shall be deemed not to be exclusively used for public worship and such portion of such vacant
land or building shall be assessed as a separate unit of assessment.
1. Subs. by Delhi Act 12 of 2011, s. 2 “the Corporation” (w.e.f. 13-1-2012).
2. Subs. by Act 10 of 2022, s. 2, for “a Corporation” (w.e.f. 22-5-2022).
3. Subs. by Delhi Act 6 of 2002, s. 7, for section 115 (w.e.f. 1-8-2003).
70
(2) The Commissioner shall cause to be maintained a register showing separately the vacant lands and
buildings exempted from the property tax under sub-section (1) in such form as may be specified by 1
[
2
[the
Corporation]], and such register shall be open to the public for inspection.
(3) 1
[
2
[the Corporation]] may levy on such vacant lands and covered space of buildings as are exempt
from the property tax, service charge on such scale, as may be provided under this Act or as prescribed by
1
[
2
[the Corporation]]:
Provided that the service charge so levied shall not be less than seventy five per cent of the amount that
would have been payable as property tax for the covered space of the building or the vacant land as referred
to in section 114D or section 114E.
115A. Unit of assessment.—(1) Every building and every vacant land shall be assessed as a single
unit:
Provided that where portions of any building or vacant land are separately owned so as to be entirely
independent and capable of separate enjoyment, notwithstanding the fact that access to such separate
portions is made through a common passage or a common stair case, as the case may be, such separately
owned portions may be assessed separately.
(2) All buildings, to the extent they are contiguous or are within the same cartilage or are on the same
foundation and are owned by the same owner or co-owners as an undivided property, shall be treated as
one unit for the purpose of assessment under this Act:
Provided that if any such building is sub-divided into separate shares which are not entirely independent
and capable of separate enjoyment, the Commissioner may, on application from the owners or the coowners, apportion the valuation and assessment of such building among the co-owners according to the
value of their respective shares, treating the entire building as a single unit.
(3) Each residential unit with its percentage of the undivided interest in the common areas and facilities,
constructed or purchased and owned by, or under the control of, any housing co-operative society registered
under any law regulating co-operative housing for the time being in force, shall be assessed separately.
(4) Each apartment and its percentage of the undivided interest in the common areas and facilities in a
building within the meaning of any law regulating apartment ownership for the time being in force, shall
be assessed separately.
(5) If the ownership of any vacant land or building or any portion thereof is sub-divided into separate
shares, or if more than one adjoining vacant land or building or portion thereof comes under one ownership
by amalgamation, the Commissioner may, on an application from the owner or the co-owners, as the case
may be, separate, or amalgamate, as the case may be, such vacant land or building or portion thereof so as
to ensure conformity with the provisions of this section.
(6) Notwithstanding any assessment made in respect of any vacant lands or buildings before the
commencement of the Delhi Municipal Corporation (Amendment) Act, 2003, the Commissioner may, on
his own or otherwise, amalgamate, or separate, or continue to assess, such vacant lands or buildings or
portions thereof so as to ensure conformity with the provisions of this section.
(7) The Commissioner shall, upon an application made in this behalf by an owner, lessee, sub-lessee,
or occupier of any vacant land or building and upon payment of such fee as may be prescribed in the byelaws, furnish to such owner, lessee, sub-lessee, or occupier, as the case may be, information regarding the
apportionment of the property tax on such vacant land or building among the several occupiers of such
vacant land or building for the current period of assessment or for any preceding period of assessment:
Provided that nothing in this sub-section shall prevent 1
[
2
[the Corporation]] from recovering the arrear
dues on account of property tax from any such person, jointly or severally.]
1. Subs. by Delhi Act 12 of 2011, s. 2 “the Corporation” (w.e.f. 13-1-2012).
2. Subs. by Act 10 of 2022, s. 2, for “a Corporation” (w.e.f. 22-5-2022).
71
1
[116. Constitution of Municipal Valuation Committee.—(1) The Government shall as soon as may
be after the commencement of the Delhi Municipal Corporation (Amendment) Act, 2003, and thereafter at
the expiration of every third year, constitute by notification in the Official Gazette, a Municipal Valuation
Committee.
(2) The Municipal Valuation Committee shall consist of—
(a) a Chairperson, and
(b) such other members, being not less than two and not more than six, as the Government may
determine.
(3) The Chairperson and the other members of the Municipal Valuation Committee shall be appointed
by the Government and the qualifications and experience requisite for their appointment, the manner of
selection, and other terms and conditions of service including salaries and allowances, tenure of office shall
be such as the Government may by rules determine.
(4) The salaries and allowances of the Chairperson and the other members of the Municipal Valuation
Committee shall be paid from the Municipal Fund.
(5) The functions of the Municipal Valuation Committee shall be—
(a) to make recommendations to 2
[ 3
[the Corporation]] on matters relating to classification of vacant
lands and buildings in any ward of Delhi into colonies and groups of lands and buildings and fixation
of base value per unit area of vacant land or per unit area of covered space of building and factors for
increase or decrease, or for no increase or decrease, thereof;
(b) to consider objections under section 116C, and to make recommendation thereon; and
(c) to perform such other functions as the Government may require.]
4
[116A. Classification of vacant lands and buildings into colonies and groups and specification of
base unit area values therefore.—(1) The Municipal Valuation Committee shall recommend the
classification of the vacant lands and buildings in any ward of Delhi, referred to in section 5, into colonies
and groups of lands and buildings after taking into account the following parameters:--
(a) settlement pattern such as plotted housing, group housing, colony with flats only, urban village,
unauthorized colony, resettlement colony, rural village and non-residential areas;
(b) availability of civic and social infrastructure;
(c) access to roads;
(d) access to district centres, local shopping centres, convenience shopping centres, and other
markets;
(e) land prices as may, from time to time, be notified by 5
[the 6
[Government]] or the Delhi
Development Authority;
(f) use-wise category of any building including residential building, business building, mercantile
building, building for recreation and sports purposes, industrial building, hazardous building and public
purpose building including educational, medical and such other institutional building and farmhouse,
as may be specified by 2
[
3
[the Corporation]];
(g) in the case of buildings used for business, mercantile, recreation and sports, industrial,
hazardous, storage or farmhouse purposes, the location of such buildings adjacent to such categories of
streets, as may, subject to the provisions of sub-section (2), be specified by 2
[
3
[the Corporation]];
1. Subs. by Delhi Act 6 of 2003, s. 8, for section 116 (w.e.f. 1-8-2003).
2. Subs. by Delhi Act 12 of 2011, s. 2 “the Corporation” (w.e.f. 13-1-2012).
3. Subs. by Act 10 of 2022, s. 2, for “a Corporation” (w.e.f. 22-5-2022).
4. Ins. by Delhi Act 6 of 2003, s. 8 (w.e.f. 1-8-2003).
5. Subs. by Delhi Act 12 of 2011, s. 2 “the Government” (w.e.f. 13-1-2012).
6. Subs. by Act 10 of 2022, s. 2, for “Government” (w.e.f. 22-5-2022).
72
(h) the types of buildings which may be classified as pucca, semi-pucca or katcha, as may be
specified by 1
[
2
[the Corporation]];
(i) the age-wise grouping of buildings as may be specified by 1
[
2
[the Corporation]]; and
(j) such other parameters as may be considered relevant by the Municipal Valuation Committee.
(2) The Municipal Valuation Committee shall recommend, group wise,--
(a) the base unit area value of any owner-occupied vacant land, or any wholly owner-occupied
building of pucca structure, constructed in the year 2000 or thereafter, and put to exclusive residential
use, and
(b) the factor for increasing or decreasing, or for not increasing or decreasing, the base unit area
values specified in clause (a), separately in respect of each of the parameters of type of colony, use,
age, type of structure and occupancy status of the vacant land or building, as the case may be, subject
to a lower limit of zero point five and upper limit of ten point zero.
116B. Notification of classification of vacant lands and buildings into colonies and groups and
specification of base unit area values therefore and factors for increase or
decrease.—(1)
3
[
4
[The Corporation]] shall, having regard to the recommendations of the Municipal
Valuation Committee, declare its intention to classify vacant lands and buildings in each ward into such
colonies and groups of lands and buildings as 1
[
2
[the Corporation]] may, by public notice, specify, and shall
also specify in such public notice the base value it proposes to specify per unit area of vacant land and per
unit area of covered space of building within each such group and also the factors for increasing or
decreasing, or for not increasing or decreasing, the base unit area values of vacant lands and buildings
referred to in clause (b) of sub-section (2) of section 116A.
(2)
3
[
4
[The Corporation]] shall, on receipt of any representation from any group in any colony affected
by such classification of lands or buildings into any group or specification of the base unit area values of
vacant lands or covered space of buildings within such groups, and the factors for increasing or decreasing,
or for not increasing or decreasing, such unit area values of vacant lands or covered space of buildings,
refer such representation to the Municipal Valuation Committee for reconsideration, and the decision of the
Municipal Valuation Committee thereon shall, subject to the provisions of section 116K, be binding
on 1
[
2
[the Corporation]].
116C. Objection to classification of vacant lands and buildings into colonies and groups and
fixation of base unit area values and factors for increasing or decreasing such base unit area values.—
(1) If any owner or occupier of any vacant land or building in any ward in respect of which a public notice
has been issued under section 116B, has any objection to the manner of classification of any group or
groups, or the base value per unit area of vacant land or the base value per unit area of covered space of
building in any group, or the factors as specified in clause (b) of sub-section (2) of section 116A, he may
submit to such officer of 1
[
2
[the Corporation]] as may be authorized by 1
[ 2
[the Corporation]] in this behalf
his objection in such form, and containing such particulars, as may be prescribed, within thirty days from
the date of publication of such public notice, and such objection shall be considered by the Municipal
Valuation Committee, after giving the person submitting the objection an opportunity of being heard.
(2) The procedure for hearing and disposal of objections shall be such as may be prescribed.
(3) On the expiry of thirty days from the date of publication of the public notice under section 116B
and after considering the recommendation of the Municipal Valuation Committee on the objections, if any,
in accordance with the provisions of this section 1
[
2
[the Corporation]] shall, by public notice, specify
group wise the base unit area value of vacant land and the base unit area value of covered space of building
and the factors referred to in clause (b) of sub-section (2) of section 116A:
1. Subs. by Delhi Act 12 of 2011, s. 2 “the Corporation” (w.e.f. 13-1-2012).
2. Subs. by Act 10 of 2022, s. 2, for “a Corporation” (w.e.f. 22-5-2022).
3. Subs. by Delhi Act 12 of 2011, s. 2 “the Corporation” (w.e.f. 13-1-2012).
4. Subs. by Act 10 of 2022, s. 2, for “A Corporation” (w.e.f. 22-5-2022).
73
Provided that 1
[
2
[the Corporation]] shall not alter the unit area values recommended by the Municipal
valuation committee without the approval of the government.
116D. final base unit area values of vacant land and of covered space of building.—(1) subject to
the provisions of section 169, the base unit area value of vacant land and the base unit area value of covered
space of building in any group, as may be specified under sub-section (3) of section 116c, shall be final.
(2)
3
[
4
[the corporation] shall publish the final base unit area value of vacant land and the final base unit
area value of covered space of building as aforesaid and the factors used for increasing or decreasing, or
for not increasing or decreasing, the final base unit area values as aforesaid and shall make them available
for inspection by any person free of charge. copies thereof shall also be made available to any person on
payment of cost.
116E. determination of annual value of covered space of building and of vacant land.—(1) the
annual value of any covered space of building in any ward shall be the amount arrived at by multiplying
the total area bf such covered space of building by the final base unit area value of such covered space and
the relevant factors as referred to in clause (b) of sub-section (2) of section 116 a.
explanation.— "covered space", in relation to a building, shall mean the total floor area in all the floor
thereof, including the thickness of walls, and shall include the spaces of covered verandah and courtyard,
gangway, garage, common service area, staircase, and balcony including any area projected beyond the plot
boundary and such other space as may be prescribed.
(2)
1
[
2
[the corporation]] may require the total area of the covered space of building as aforesaid to be
certified by an architect registered under the architects act, 1972 (20 of 1972), or any licensed
architect,116a. classification of vacant lands and buildings into colonies and groups and specification of
base unit area values therefor subject to such conditions as may be prescribed.
(3) the annual value of any vacant land in any ward shall be the amount arrived at by multiplying the
total area of such vacant land by the final base unit area value of such land and the relevant factors as
referred to in clause (b) of subsection (2) of section 116a.
(4) if, in the case of any vacant land or covered space of building, any portion thereof is subject to
different final base unit area values or is not self-occupied, the annual value of each such portion shall be
computed separately, and the sum of such annual values shall be the annual value for such vacant land or
covered space of building, as the case may be.
116F. determination of annual value of building where land is exempted from property tax.—
where any vacant land is exempted from property tax under any law for the time being in force, the annual
value of any building erected on such land, which is in existence for more than one year and is not entitled
to any exemption from such tax under this act or any other law for the time being in force, shall be
determined in accordance with the provisions of this chapter.
116G.Transitory provisions.—(1) notwithstanding anything contained in this act, as amended by the
delhi municipal corporation (Amendment) Act, 2003, a tax on vacant land or covered space of building or
both, levied under this Act immediately before the date of coming into force of the Delhi Municipal
Corporation (Amendment) Act, 2003, shall, on the coming into force of the Delhi Municipal Corporation
(Amendment) Act, 2003, be deemed to be the tax on such vacant land or covered space of building or both,
levied under this Act as amended by the Delhi Municipal Corporation (Amendment) Act, 2003, and shall
continue to be in force until such tax is revised in accordance with the provisions of this Act, as amended
by the Delhi Municipal Corporation (Amendment) Act, 2003.
(2) Notwithstanding anything contained in sub-section (1), where assessment has not been finalized in
respect of a vacant land or covered space of a building or both, on the date of the commencement of the
Delhi Municipal Corporation (Amendment) Act, 2003, the assessee may have such land or building or both,
as the case may be, assessed on the basis of the annual value.
1. Subs. by Delhi Act 12 of 2011, s. 2 “the Corporation” (w.e.f. 13-1-2012).
2. Subs. by Act 10 of 2022, s. 2, for “a Corporation” (w.e.f. 22-5-2022).
3. Subs. by Delhi Act 12 of 2011, s. 2 “the Corporation” (w.e.f. 13-1-2012).
4. Subs. by Act 10 of 2022, s. 2, for “A Corporation” (w.e.f. 22-5-2022).
74
116H. One-time tax.—Notwithstanding anything contained in this Act, in those cases where the owner
has already paid one-time tax under some scheme in the past, the extent of the rate able value on the basis
of which the one-time tax was paid shall be set off against the annual value calculated under the provisions
of the Delhi Municipal Corporation (Amendment) Act, 2003 and the tax liability shall be worked out on
the basis of net annual value.
116I. Validity of base unit area values of vacant land and covered space of building.—The base
unit area value of vacant land and the base unit area value of covered space of building in respect of a
specified group in a ward shall remain in force for a period of three years:
Provided that till the revision of such base unit area values is completed, the existing base unit area
values shall continue to be in force.
116J. Indexation of unit area value.—If, for any reason, the base unit area value of any vacant land,
or the base unit area value of any covered space of building, in any group in any ward has not been revised
on the completion of a period of three years from the date on which such base unit area values were last
determined, it shall be lawful to increase or decrease the base unit area values according to the changes in
the consumer price index of urban non-manual workers or such other suitable index as the Government
may determine till such revision is made by the Municipal Valuation Committee, and to realize the amount
of property tax for such covered space of building or vacant land on the basis of the revised base unit area
values.
116K. Hardship and Anomaly Committee.—(1)
1
[
2
[The Corporation]]shall, on the coming into force
of the Delhi Municipal Corporation (Amendment) Act, 2003, appoint, for such period, not exceeding one
year, as 3
[
4
[the Corporation]] may think fit, a Hardship and Anomaly Committee with a view to considering
the cases of hardships or anomalies, if any, in respect of property tax imposed under the provisions of this
Act as amended by the Delhi Municipal Corporation (Amendment) Act, 2003.
(2) The Hardship and Anomaly Committee shall consist of a professional from areas of finance,
taxation, law or municipal management, as the Chairperson and four other members of whom one shall be
a Councillor to be nominated by 3
[
4
[the Corporation]], one shall be the chairperson of the Municipal
Valuation Committee and one member shall be nominated from among the members of the Municipal
Valuation Committee and one shall be the Additional Commissioner (Revenue) of 3
[
4
[the Corporation]].
(3) The Hardship and Anomaly Committee shall make recommendations to 3
[ 4
[the Corporation]] on
the petitions received from any group of affected persons regarding any hardship or anomaly arising out of
the property tax imposed, and the decision of 3
[
4
[the Corporation] on such recommendation shall be final.
(4) The procedure for the functioning of the Hardship and Anomaly Committee shall be such as may
be specified by 3
[
4
[the Corporation]].]
117. [Charge by measurement in lieu of water tax in certain cases.] Omitted by the Delhi Municipal
Corporation (Amendment) Act, 1993 (Act 67 of 1993), s. 84 (w.e.f. 1-10-1993).
118. [Special rates of scavenging tax in certain cases.] Omitted by s. 84, ibid. (w.e.f. 1-10-1993).
119. Taxation of Union properties.—5
[(1)] Notwithstanding anything contained in the foregoing
provisions of this Chapter, lands and buildings being properties of the Union shall be exempt from the
property taxes specified in section 114:
Provided that nothing 6
[in this sub-section] shall prevent 3
[
4
[the Corporation]] from levying any of the
said taxes on such lands and buildings to which immediately before the 26th January, 1950, they were liable
or treated as liable, so long as that tax continues to be levied by 3
[
4
[the Corporation]] on other lands and
buildings.
1. Subs. by Delhi Act 12 of 2011, s. 2 “the Corporation” (w.e.f. 13-1-2012).
2. Subs. by Act 10 of 2022, s. 2, for “A Corporation” (w.e.f. 22-5-2022).
3. Subs. by Delhi Act 12 of 2011, s. 2 “the Corporation” (w.e.f. 13-1-2012).
4. Subs. by Act 10 of 2022, s. 2, for “a Corporation” (w.e.f. 22-5-2022).
5. Section 119 re-numbered as sub-section (1) thereof by Act 42 of 1961, s. 8 (w.e.f. 12-9-1961).
6. Subs. by s. 8, ibid., for “in this section” (w.e.f. 12-9-1961).
75
1
[Explanation.—For the purposes of this section, property owned by a Government company or a
statutory corporation, which has a corporate personality of its own, shall not be deemed to be the property
of the Union.]
2* * * * *
3
[120. Incidence of property taxes.—(1) (a) The property tax on any land or building shall be
primarily leviable upon the owner thereof.
(b) The liability of the several owners of any land or building constituting a single unit of assessment,
which is, or purports to be, severally owned in parts including flats or rooms, for payment of property tax
or any instalment thereof, payable during the period of such ownership, shall be joint and several:
Provided that the Commissioner may apportion the amount of property tax on such land or building
among several co-owners:
Provided further that in any case where the Commissioner is, for reasons to be recorded in writing,
satisfied that the owner is not traceable, the occupier of such land or building for the time being shall be
liable for payment of the property tax and shall also be entitled to the rebate, if admissible.
(c) In the case of any land or building which is not self-occupied and where the owner is constrained
by any law, order of the Government, or order of a court from recovering the tax due, such tax shall be
recovered from the occupier or occupiers, as the case may be:
Provided that the owner shall continue to pay such amount of tax as he was liable to pay before the
coming into force of the Delhi Municipal Corporation (Amendment) Act, 2003 and only the balance
amount, if any, shall be recovered from the occupier.
(d) The property tax on any land or building, which is the property of 4
[ 5
[the Corporation] and the
possession of which has been delivered under any agreement or licensing arrangement, shall be leviable
upon the transferee or the licensee, as the case may be.
(e) The property tax in respect of any land or building, being the property of the Union, the possession
of which has been delivered in pursuance of section 20 of the Displaced Persons (Compensation and
Rehabilitation) Act, 1954 (44 of 1954), shall be leviable upon the transferee.
(2) If any land has been let to a tenant for a term exceeding one year and such tenant has built upon
such land, the property tax assessed in respect of such land and the building erected thereon shall be payable
by such tenant, whether the land and the building are in the occupation of such tenant or a sub-tenant of
such tenant.
Explanation.—For the purposes of this section, "tenant' shall include any person deriving title to the
land or the building erected upon such land, from the tenant, whether by operation of law or by transfer
inter vivos.]
121. [Apportionment of liability for property taxes when the premises assessed are let or sub-let.]
Omitted by the Delhi Municipal Corporation Act, 2003 (6 of 2003), s. 12 (w.e.f.1-8-2003).
122. Recovery of property taxes from occupiers.—(1) On the failure to recover any sum due on
account of property taxes in respect of any land or building from the person primarily liable therefor under
section 120, the Commissioner shall recover from every occupier of such land or building by attachment,
in accordance with section 162 of the rent payable by such occupier, a portion of the total sum due which
bears, as nearly as may be, the same proportion to that sum as the rent annually payable by such occupier
bears to the total amount of rent annually payable in respect of the whole of the land or building.
(2) An occupier from whom any sum is recovered under sub-section (1) shall be entitled to be
reimbursed by the person primarily liable for the payment, and may in addition to having recourse to other
1. Ins. by Delhi Act 6 of 2003, s. 9 (w.e.f. 1-8-2003).
2. Sub-section (2) omitted by s. 9, ibid. (w.e.f. 1-8-2003).
3. Subs. by s. 10, ibid., for section 120 (w.e.f. 1-8-2003).
4. Subs. by Delhi Act 12 of 2011, s. 2 “the Corporation” (w.e.f. 13-1-2012).
5. Subs. by Act 10 of 2022, s. 2, for “a Corporation” (w.e.f. 22-5-2022).
76
remedies that may be open to him, deduct the amount so recovered from the amount of any rent from time
to time becoming due from him to such person.
123. Property taxes a first charge on premises on which they are assessed.—Property taxes due
under this Act in respect of any land or building shall, subject to the prior payment of the land revenue, if
any, due to the Government thereon, be a first charge—
(a) in the case of any land or building held immediately from the Government, upon the interest in
such land or building of the person liable for such taxes and upon the goods and other movable
properties, if any, found within or upon such land or building and belonging to such person; and
(b) in the case of any other land or building, upon such land or building and upon the goods and
other movable properties, if any, found within or upon such land or building and belonging to the person
liable for such taxes.
1
[Explanation—The term “property taxes” in this section shall be deemed to include the costs on
recovery of property taxes and the penalty, if any, payable as specified in the bye-laws.]
2
[123A. Submission of returns.—(1) The Commissioner shall, with a view to determining the annual
values of vacant land and covered space of building in any ward and the person primarily liable for the
payment of property tax, by public notice, or by notice, in writing, require the owner and the occupier of
such vacant land or covered space of building or any portion thereof, including such owner or the person
computing the tax due under the provisions of section 123B, to furnish a return in such form as may be
prescribed by bye-laws and within such time, not being less than thirty days from the date of publication of
such notice, as may be specified therein, containing the following particulars, namely:—
(a) the name of the owner and the occupier;
(b) the number of the ward, the name of the colony, and the number and the sub-number of the
premises of such vacant land or covered space of building, as the case may be;
(c) whether the building is pucca, semi-pucca or katcha;
(d) year of completion of construction of the building, or year or years of part construction thereof,
as the case may be;
(e) the use with reference to the provisions of clause (f) of sub-section (1) of section 116A to which
such vacant land or covered space of building is put or intended to be put;
(f) the area of the vacant land and the covered space of the building with break-up of the area under
various uses;
(g) whether wholly owner-occupied or wholly tenanted, or partly owner-occupied and partly
tenanted, and the areas thereof; and
(h) such other particulars as may be prescribed by bye-laws.
(2) (a) Every owner and every occupier as aforesaid shall be bound to comply with such notice and
to furnish a return with a declaration that the statement made therein is correct to the best of knowledge and
belief of such owner and occupier.
(b) Whoever omits to comply with such requisition, shall in addition to any penalty to which he may
be liable, be precluded from objecting to any assessment made by the Commissioner in respect of such land
or building.
(3) The Commissioner or any person subordinate to him and duly authorized by him in this behalf, in
writing, or any licensed architect, may, with or without giving any previous notice to the owner or the
occupier of any land or building, enter upon, and make any inspection or survey, and take measurement of
such land or building with a view to verifying the statement made in the return for such land or building or
for collecting the particulars referred to in sub-section (1) in respect of such land or building:
Provided that no such entry shall be made except between the hours of sunrise and sunset.
1. Subs. by Act 67 of 1993, s. 85, for the Explanation (w.e.f. 1-10-1993).
2. Ins. by Delhi Act 6 of 2003, s. 13 (w.e.f. 1-8-2003).
77
123B. Self assessment and submission of return.—(1) After the coming into force of the Delhi
Municipal Corporation (Amendment) Act, 2003, any owner of any vacant land or covered space of building
or any other person liable to pay the property tax or any occupier in the absence of such owner or person,
shall file a return of self assessment within sixty days of the coming into force of the aforesaid Act.
(2) Such owner or other person or occupier, as the case may be, shall, thereafter, file the annual return
only in those cases where there is a change in the position as compared to the previous return, within three
months after the end of the financial year in which the change in position has occurred.
(3) Any owner of any covered space of building or vacant land or any other person liable to pay the
property tax, or any occupier in the absence of such owner or person shall compute the tax due under section
114A or section 114C, as the case may be, and pay the same in equated quarterly installment by the 30th
day of June, 30th day of September, 31st day of December and 31st day of March of the financial year for
which tax is to be paid. In the event of tax being paid in one lump sum for the financial year by the 30th
day of June of the financial year, rebate of such percentage not exceeding fifteen percent, as may be notified
by 1
[ 2
[the Corporation], of the total tax amount due shall be allowed.
(4) Any owner of any vacant land or covered space of building or any other person liable to pay the
property tax or any occupier in the absence of such owner or person, who computes such property tax under
this section, shall, on such computation pay the property tax on such vacant land or covered space of
building, as the case may be, together with interest, if any, payable under the provisions of this Act on—
(a) any new building or existing building which has not been assessed; or
(b) any existing building which has been redeveloped or substantially altered or improved after the
last assessment, but has not been subjected to revision of assessment consequent upon such
redevelopment or alteration or improvement) as the case may be.
(5) Such owner or person, as the case may be, shall furnish to the Commissioner a return of selfassessment in such form, and in such manner, as may be specified in the bye-laws and every such return
shall be accompanied by proof of payment of property tax and interest, if any.
(6) In the case of any new building for which an occupancy certificate has been granted, or which has
been occupied, after the coming into force of the Delhi Municipal Corporation (Amendment) Act, 2003,
such payment shall be made, and such return shall be furnished, within thirty days of the expiry of the
quarter in which such occupancy certificate is granted or such building is occupied, whichever- is earlier.
Explanation.—For the removal of doubt, it is hereby declared that occupancy certificate may be
provisional or final and may be for the whole or any part of the building and occupancy may be of the whole
or any part of the building.
(7) After the determination of the annual value of vacant land or covered space of building under section
116E or section 116F or revision thereof under section123C has been made, any amount paid on selfassessment under this section shall be deemed to have been paid on account of such determination under
this Act as amended by the Delhi Municipal Corporation (Amendment) Act, 2003,
(8) If any owner or other person as aforesaid, liable to pay the property tax under this Act, fails to pay
the same together with interest thereon, if any, in accordance with the provisions of this section, he shall,
without prejudice to any other action to which he may be subject, be deemed to be a defaulter in respect of
such property tax, or interest, or both, remaining unpaid, and all the provisions of this Act applicable to
such defaulter shall apply to him accordingly.
(9) If, after the assessment of the annual value of any land or covered space, of building is finally made
under this Act, the payment on self-assessment under this section is found to be less than that of the amount
payable by the assessee, the assessee shall pay the difference within two months from the date of final
assessment, failing which recovery shall be made in accordance with the provisions of this Act, but, after
1. Subs. by Delhi Act 12 of 2011, s. 2 “the Corporation” (w.e.f. 13-1-2012).
2. Subs. by Act 10 of 2022, s. 2, for “a Corporation” (w.e.f. 22-5-2022).
78
the final assessment, if it is found that the assessee has paid excess amount, such excess amount shall be
refunded:
Provided that in any case where the amount of tax determined in the final assessment is more than the
amount of tax paid under self assessment, and the difference in the amount of tax is, in the opinion of the
Commissioner, the result of wilful suppression of facts as defined in the bye-laws, the Commissioner may
levy a penalty not exceeding thirty per cent of such difference in the tax besides the interest thereon:
Provided further that the levy of such penalty shall be in addition to any other punishment provided for
under this Act:
Provided also that the procedure for sending of notice, hearing of objection and determination of tax
and penalties shall be such as may be specified in the bye-laws.
(10) Where no notice is sent by the Commissioner under section 123C within twelvemonths after the
year to which such self-assessment relates, such self assessment shall be regarded as assessment made under
this Act:
Provided that in any case, where there has been wilful suppression of facts, penalty upto thirty per cent
of the tax due may be imposed:
Provided further that the procedure for sending of notice, hearing of objection and determination of tax
and penalties shall be such as may be specified in the bye-laws.
123C. Revision of assessment.—(1) The Commissioner may cause any revision to be made at any
time in the annual value of any vacant land or covered space of building or any portion thereof in the
following cases, namely:--
(i) where the nature of use changes; or
(ii) where the nature of occupancy changes; or
(iii) where a new building is erected or an existing building is redeveloped or substantially altered
or improved during the period the annual value remains in force; or
(iv) where, on an application made, in writing, by the owner or the person liable to pay the property
tax, it is established that during the period the annual value is in force, such value has been reduced by
reason of any substantial demolition or has suffered depreciation on account of any accident or any
calamity proved to the satisfaction of the Commissioner to have been beyond the control of such owner
or person; or
(v) where any vacant land or covered space of building or portion thereof is acquired by purchase
or otherwise by the 1
[
2
[Government]] or the Government or 3
[
4
[the Corporation]]; or
(vi) where any vacant land or covered space of building or portion thereof is sold or otherwise
transferred to the 1
[ 2
[Government] ]or the Government or the Corporation; or
(vii) where, upon the acquisition or transfer of a part of any vacant land or covered space of
building, a residual portion remains; or
(viii) where it becomes necessary so to do for any other reason to be recorded in writing.
(2) Before making any revision of the annual value under sub-section (1), the Commissioner shall give
any owner, person or occupier as a case may be, affected by such revision, notice of not less than 30 days
that he proposes to make the revision and consider any objections which may be made by such owner,
person or occupier.
(3) Notwithstanding anything contained in sub-section (1), where the annual value of any vacant land
or covered space of building—
1. Subs. by Delhi Act 12 of 2011, s. 2 “Central Government” (w.e.f. 13-1-2012).
2. Subs. by Act 10 of 2022, s. 2, for “Government” (w.e.f. 22-5-2022).
3. Subs. by Delhi Act 12 of 2011, s. 2 “the Corporation” (w.e.f. 13-1-2012).
4. Subs. by Act 10 of 2022, s. 2, for “ a Corporation” (w.e.f. 22-5-2022).
79
(i) has not, for any reason, been determined under this Act, the annual value of such vacant land or
covered space of building, as the case may be, may be determined by the Commissioner at any time
during the currency of the period of assessment in respect of such vacant land or covered space of
building under section 116E or section 116F, as the case may be; or
(ii) has been cancelled on the ground of irregularity, the annual value of such vacant land or covered
space of building, as the case may be, may be determined by the Commissioner at any time after such
cancellation; and such annual value of such vacant land or covered space of building, as the case may
be, shall remain in force until a fresh valuation or revision is made.
(4) Any revision of annual value of any vacant land or covered space of building or any portion thereof
under this section shall be made with reference to the group into which such vacant land or covered space
of building or part thereof is classified under section 116A, and the annual value fixed per unit area of such
vacant land or covered space of building for that group shall be applicable.
(5) Notwithstanding anything contained in the foregoing provisions of this section, no revision of the
annual value of any vacant land or covered space of building under this section shall be made without giving
the owner or the occupier of such vacant land or covered space of building a reasonable opportunity of
being heard.
(6) Where any revision of annual value of any vacant land or covered space of building is made under
this section, the order of such revision shall be communicated to the owner or the occupier of such vacant
land or covered space of building within ten days from the date of the order.
(7) An appeal shall lie against an order under sub-section (6) to an officer appointed by the Government,
if preferred by the owner, person or the occupier of such vacant land or covered space of building within
forty-five days from the date of the receipt of the order.
123D. Power of Commissioner regarding assessment.—The Commissioner may, at any time—
(a) make, suo motu, an assessment in any case where a return on the basis of self assessment has
not been filed;
(b) revise any assessment where the information furnished in the return of self assessment is found
to be incorrect;
(c) reopen any assessment even after the period of one year in any case where it has been detected
that there is wilful suppression of information; and
(d) impose a penalty not exceeding thirty per cent of the difference in tax arising from non-filing
of a return in time, giving wrong information or wilful suppression of facts.]
1
[124. Assessment list.—(1)
2
[ 3
[The Corporation] shall maintain a Municipal Assessment Book in
such form, and in such manner, as may be specified in the bye-laws and shall make it available for
inspection, free of charge, through electronic media or otherwise:
Provided that the Municipal Assessment Book shall not be kept pending for any case for which any
objection or appeal has been filed.
(2) The Commissioner may, at any time, amend the Municipal Assessment Book for such reasons as
may be specified in the bye-laws:
Provided that no such amendment shall be made without giving any person affected a reasonable
opportunity of being heard.]
1. Subs. by Delhi Act 6 of 2003, s. 13, for section 124 (w.e.f. 1-8-2003).
2. Subs. by Delhi Act 12 of 2011, s. 2 “the Corporation” (w.e.f. 13-1-2012).
3. Subs. by Act 10 of 2022, s. 2, for “ A Corporation” (w.e.f. 22-5-2022).
80
1
[125. Assignment of property identification code.—(1)
2
[ 3
[The Corporation]] shall cause to be
maintained a register wherein the property identification code numbers by which any premises or part
thereof shall be known, shall be recorded in respect of each such premises in the municipal area and such
numbers shall be fixed in such manner as may be specified in the bye-laws.
(2) When the property identification code numbers in respect of premises in any ward of 4
[ 5
[the
Corporation]] have been determined, the Commissioner shall notify the same in such manner as may be
prescribed in the bye-laws.
(3) After the property identification code numbers in respect of premises in any ward have been notified
under sub-section (2), any person required under this Act or any other law to make any application to 3
[
4
[the
Corporation]] for permission, licence or for payment of any tax or for payment of any dues for any service
and for such other purposes as may be prescribed, shall at the time of making such application mentioned
in the application, the property identification code number determined under sub-section (1).]
126. [Amendment of assessment list.] Omitted by the Delhi Municipal Corporation (Amendment) Act,
2003 (6 of 2003), s.16 (w.e.f. 1-8-2003).
127. [Preparation of new assessment list.] Omitted by the Delhi Municipal Corporation (Amendment)
Act, 2003 (6 of 2003), s.17 (w.e.f. 1-8-2003).
128. Notice of transfers.—(1) Whenever the title of any person primarily liable for the payment of
property taxes on any land or building is transferred, the person whose title is transferred and the person to
whom the same is transferred shall within three months after the execution of the instrument of transfer or
after its registration, if it is registered, or after the transfer is effected, if no instrument is executed, give
notice of such transfer in writing to the Commissioner.
(2) In the event of the death of any person primarily liable as aforesaid, the person on whom the title of
the deceased devolves, shall give notice of such devolution to the Commissioner within six months from
the date of the death of the deceased.
(3) The notice to be given under this section shall be in such form as may be determined by bye-laws
made under this Act, and the transferee or the other person on whom the title devolves shall, if so required,
be bound to produce before the Commissioner any documents evidencing the transfer or devolution.
(4) Every person who makes a transfer as aforesaid without giving such notice to the Commissioner
shall, in addition to any penalty to which he may be subjected under the provisions of this Act, continue
liable for the payment of all property taxes from time to time payable in respect of the land or building
transferred until he gives such notice or until the transfer has been recorded in the Commissioner’s book,
but nothing in this section shall be held to affect the liability of the transferee for the payment of the said
tax.
6
[(5) The Commissioner shall record every transfer or devolution or title notified to him under this
section in his books and in the Municipal Assessment Book:
Provided that before recording such transfer or devolution of title, the Commissioner shall satisfy
himself that any duty on transfer of property leviable under section 147 has been paid.]
(6) On a written request by the Commissioner, the registrar or sub-registrar of Delhi appointed under
the Indian Registration Act, 1908 (16 of 1908), shall furnish such particulars regarding the registration of
instrument of transfer of immovable properties in Delhi, as the Commissioner may from time to time
require.
1. Subs. by Delhi Act 6 of 2003, s. 15, for section 15 (w.e.f. 1-8-2003).
2. Subs. by Delhi Act 12 of 2011, s. 2 “the Corporation” (w.e.f. 13-1-2012).
3. Subs. by Act 10 of 2022, s. 2, for “A Corporation” (w.e.f. 22-5-2022).
4. Subs. by Delhi Act 12 of 2011, s. 2 “the Corporation” (w.e.f. 13-1-2012).
5. Subs. by Act 10 of 2022, s. 2, for “ a Corporation” (w.e.f. 22-5-2022).
6. Subs. by Delhi Act 6 of 2003, s. 18, for sub-section (5) (w.e.f. 1-8-2003).
81
(7) Such information shall be furnished as soon as may be after the registration of an instrument of
transfer is effected, or, if the Commissioner so requests, by periodical returns at such intervals as the
Commissioner may fix.
129. Notice of erection of building etc.—When any new building is erected or when any building is
rebuilt or enlarged or when any building which has been vacant is re-occupied, the person primarily liable
for the property taxes assessed on the building shall give notice thereof in writing to the Commissioner
within fifteen days from the date of its completion or occupation whichever first occurs, or as the case may
be, from the date of its enlargement or re-occupation; and property taxes shall be assessable on the building
from the said date.
130. Notice of demolition or removal of building.—(1) When any building or any portion of a
building, which is liable to the payment of property taxes is demolished or removed, otherwise than by
order of the Commissioner, the person primarily liable for the payment of the said taxes shall give notice
thereof in writing to the Commissioner.
(2) Until such notice is given, the person aforesaid shall continue liable to the payment of such property
taxes as he would have been liable to pay in respect of such building if the same or any portion thereof had
not been demolished or removed.
131. [Power of Commissioner to call for information and returns and to enter and inspect premises.]
Omitted by the Delhi Municipal Corporation (Amendment) Act, 2003 (6 of 2003), s.19 (w.e.f. 1-8-2003).
132. [Premises owned by, or let to, two or more persons in severalty to be ordinarily assessed as one
property.] Omitted by s. 20, ibid. (w.e.f. 1-8-2003).
133. [Assessment in case of amalgamation of premises.] Omitted by s. 21, ibid. (w.e.f. 1-8-2003).
134. [Power of Commissioner to assess separately out-houses and portions of buildings.] Omitted by
s. 22, ibid. (w.e.f. 1-8-2003).
135. Power of Commissioner to employ valuers.—(1) The Commissioner may, if he thinks fit,
employ one or more competent persons to give advice or assistance in connection with the valuation of any
land or building, and any person so employed shall have power, at all reasonable times and after giving due
notice, and on production, if so required, of authorisation in writing in that behalf from the Commissioner,
to enter on, survey and value any land or building which the Commissioner may direct him to survey and
value.
(2) No person shall wilfully delay or obstruct and such person in the exercise of any of his powers under
this section.
Tax on vehicles and animals
136. Tax on certain vehicles and animals and rates thereof.—Save as otherwise provided in this
Act, a tax at the rates not exceeding those specified in the Third Schedule shall be levied on vehicles and
animals of the descriptions specified in that Schedule which are kept within Delhi.
137. The tax on whom leviable.—The tax on vehicles or animals shall be leviable upon the owner of,
or the person having possession or control of, such vehicles or animals in respect of which the tax is leviable:
Provided that in the case of an animal generally used or employed in drawing any vehicle, the tax in
respect of such animal shall be leviable upon the owner of, or the person having possession or control of,
such vehicle, whether or not such animal is owned by such owner or person:
Provided further that the tax under this section shall not be levied in respect of—
82
(a) vehicles and animals belonging to 1
[the Central 2
[Government]] or to 3
[
4
[the Corporation]] used
or intended to be used solely for public purposes;
(b) vehicles intended exclusively for the conveyance free of charge, of the injured, the sick or the
dead;
(c) children’s perambulators or tricycles;
5
[(d) a cow or a she-buffalo kept for milking for domestic use if the cow or the she-buffalo is the
only cow or she-buffalo kept by the owner or the person having possession or control thereof for such
milking and is registered in accordance with bye-laws made in this behalf, so, however, that—
(i) where more cows or, as the case may be, more she-buffaloes than one are kept by several
such owners or person constituting a family, the tax under this section shall be levied in respect of
all such cows or all such she-buffaloes;
(ii) where a cow and also a she-buffalo are kept by the owner or the person having the
possession or control thereof or by several such owners or persons constituting a family, the tax
under this section shall be levied in respect of the cow and the she-buffalo.]
138. Tax when payable.—The tax on vehicles or animals shall be payable in advance in such number
of instalments and in such manner as may be determined by bye-laws made in this behalf.
139. Power of Commissioner to compound with livery stable keeper, etc., for tax.—The
Commissioner may, with the approval of the Standing Committee, compound for any period not exceeding
one year at a time, with any livery stable keeper or other person keeping vehicles for hire or animals for
sale or hire, for a lump sum to be paid in respect of the vehicles or animals so kept in lieu of the taxes
leviable under section 136 which such livery stable keeper or other person would otherwise be liable to pay.
Theatre-tax
140. Theatre-tax.—Save as otherwise provided in the Act, there shall be levied a tax (referred to in
this Act as theatre-tax) in respect of every cinema, theatre, circus, carnival and other place of entertainment
to which persons are ordinarily admitted on payment for performances or shows held or conducted thereat,
at such rates not exceeding those specified in the Fourth Schedule as
3
[
4
[the Corporation]] may determine:
Provided that the theatre-tax shall not be levied in respect of any performance or show if the
Commissioner is satisfied—
(a) that the entire receipts from such performance or show will be devoted to philanthropic,
religious or charitable purposes; or
(b) that the performance or show is of a wholly educational character; or
(c) that the performance or show is provided for partly educational or partly scientific purposes by
a society not conducted or established for profit.
141. Liability to pay theatre-tax.—Every proprietor, manager, or person incharge of a theatre, cinema,
circus, carnival or other place of entertainment shall be liable to pay the theatre-tax and shall pay the same
in advance before the commencement of the performances or shows:
Provided that the Commissioner may, with the approval of the Standing Committee, compound for any
series of performances or shows or for any period not exceeding one month, with such proprietor, manager,
or person for a lump sum to be paid for such series of performances or shows or for the performances or
shows held or conducted during such period.
1. Subs. by Delhi Act 12 of 2011, s. 2 “Central Government” (w.e.f. 13-1-2012).
2. Subs. by Act 10 of 2022, s. 2, for “Government” (w.e.f. 22-5-2022).
3. Subs. by Delhi Act 12 of 2011, s. 2 “the Corporation” (w.e.f. 13-1-2012).
4. Subs. by Act 10 of 2022, s. 2, for “a Corporation” (w.e.f. 22-5-2022).
5. Ins. by Act 42 of 1961, s. 14 (w.e.f. 12-9-1961).
83
Tax on advertisements other than advertisements published in the newspapers
142. [Tax on advertisements.] Omitted by Delhi Act 3 of 2017, s. 173 (i) (w.e.f. 1-7-2017).
143. Prohibition of advertisements without written permission of the Commissioner.—(1) No
advertisement shall be erected, exhibited, fixed or retained upon or over any land, building, wall, hoarding,
frame, post or structure or upon or in any vehicle or shall be displayed in any manner whatsoever in any
place within Delhi without the written permission of the Commissioner granted in accordance with byelaws made under this Act.
(2) The Commissioner shall not grant such permission if—
(a) the advertisement contravenes any bye-law made under this Act; or
(b) the tax, if any, due in respect of the advertisement has not been paid.
(3) Subject to the provisions of sub-section (2), in the case of an advertisement liable to the
advertisement tax, the Commissioner shall grant permission for the period to which the payment of the tax
relates and no fee shall be charged in respect of such permission.
144. Permission of the Commissioner to become void in certain cases.—The permission granted
under section 143 shall become void in the following cases, namely:—
(a) if the advertisement contravenes any bye-law made under this Act;
(b) if any material change is made in the advertisement or any part thereof without the previous
permission of the Commissioner;
(c) if the advertisement or any part thereof falls otherwise than through accident;
(d) if any addition or alteration is made to, or in the building, wall, hoarding, frame, post or structure
upon or over which the advertisement is erected, exhibited, fixed or retained if such addition or
alteration involves the disturbance of the advertisement or any part thereof; and
(e) if the building, wall, hoarding, frame, post or structure over which the advertisement is erected,
exhibited, fixed or retained is demolished or destroyed.
145. Presumption in case of contravention.—Where any advertisement has been erected, exhibited,
fixed or retained upon or over any land, building, wall, hoarding, frame, post or structure or upon or in any
vehicle or displayed to public view from a public street or public place in contravention of the provisions
of this Act or any bye-laws made thereunder, it shall be presumed, unless and until contrary is proved, that
the contravention has been committed by the person or the persons on whose behalf the advertisement
purports to be or the agents of such person or persons.
146. Power of Commissioner in case of contravention.—If any advertisement is erected, exhibited,
fixed or retained in contravention of the provisions of section 143, the Commissioner may require the owner
or occupier of the land, building, wall, hoarding, frame, post or structure or vehicle upon, or over or in
which the same is erected, exhibited, fixed or retained, to take down or remove such advertisement or may
enter any land, building, property or vehicle and have the advertisement dismantled taken down or removed
or spoiled, defaced or screened.
Duty on transfer of property
147. Duty on transfer of property and method of assessment thereof.—(1) Save as otherwise
provided in this Act, 1
[
2
[the Corporation]] shall levy a duty on transfers of immovable property situated
within the limits of 3
[
4
[Delhi]] in accordance with the provisions hereafter in this section contained.
(2) The said duty shall be levied—
1. Subs. by Delhi Act 12 of 2011, s. 2 “the Corporation” (w.e.f. 13-1-2012).
2. Subs. by Act 10 of 2022, s. 2, for “a Corporation” (w.e.f. 22-5-2022).
3. Subs. by Delhi Act 12 of 2011, s. 2, for “Delhi” (w.e.f. 13-1-2012).
4. Subs. by Act 10 of 2022, s. 2, for “the area of the Corporation” (w.e.f. 22-5-2022).
84
(a) in the form of a surcharge on the duty imposed by the Indian Stamp Act, 1899 (2 of 1899) as in
force for the time being in the Union territory of Delhi, on every instrument of the description specified
below, and
(b) at such rate as may be determined by 1
[
2
[the Corporation]] not exceeding five per cent, on the
amount specified below against such instruments:—
Description of instrument Amount on which duty should be levied
(i) Sale of immovable property. The amount or value of the consideration for the
sale, as set forth in the instrument.
(ii) Exchange of immovable property. The value of the property of the greater value, as
set forth in the instrument.
(iii) Gift of immovable property. The value of the property, as set forth in the
instrument.
(iv) Mortgage with possession of
immovable property.
The amount secured by the mortgage as set forth
in the instrument.
(v) Lease in perpetuity of immovable
property.
The amount equal to one-sixth of the whole
amount or value of the rent which would be
paid or delivered in respect of the first fifty
years of the lease as set forth in the instrument.
3
[(vi) Contract for transfer of
immovable property
Ninety percent of the value of the consideration for
the transfer as set out in the contract.]
148. Provisions applicable on the introduction of transfer duty.—On the introduction of the duty
on transfers of property—
(a) section 27 of the Indian Stamp Act, 1899 (2 of 1899), as in force in Delhi shall be read as if it
specifically required the particulars to be set forth separately in respect of property situated within and
without Delhi;
(b) section 64 of the said Act shall be read as if it referred to 1
[
2
[the Corporation]] as well as the
Government.
4
[Tax on building applications payable along with the application for sanction of building plans]
149. Tax on building applications.—(1) Save as otherwise provided in this Act, 1
[
2
[the Corporation]]
shall levy a tax on buildings at such rates not exceeding those specified in the Sixth Schedule, as 1
[
2
[the
Corporation]] shall determine.
(2) The tax shall be leviable on every person who makes an application to the Commissioner for the
sanction of building plan and shall be payable along with the same.
1. Subs. by Delhi Act 12 of 2011, s. 2 “the Corporation” (w.e.f. 13-1-2012).
2. Subs. by Act 10 of 2022, s. 2, for “a Corporation” (w.e.f. 22-5-2022).
3. Ins. by Delhi Act 6 of 2003, s. 23 (w.e.f. 1-8-2003).
4. Subs. by Delhi Act 7 of 2004, s. 4,f or heading “Tax on buildings payable along with the application for sanction of building
plans” (w.e.f. 17-12-2004).
85
Other taxes
150. Imposition of other taxes.—(1) 1
[
2
[The Corporation]] may, at a meeting, pass a resolution for the
levy of any of the taxes specified in sub-section (2) of section 113, defining the maximum rate of the tax to
be levied, the class or classes of persons or the description or descriptions of articles and properties to be
taxed, the system of assessment to be adopted and the exemptions, if any, to be granted.
(2) Any resolution passed under sub-section (1) shall be submitted to the 3*** Government for its
sanction, and if sanctioned by that Government, shall come into force on and from such date as may be
specified in the order of sanction.
(3) After a resolution has come into force under sub-section (2), 4
[
5
[the Corporation]] may, subject to
the maximum rate, pass a second resolution determining the actual rates at which the tax shall be leviable;
and the tax shall come into force on the first day of the quarter of the year next following the date on which
second resolution is passed.
(4) After a tax has been levied in accordance with the foregoing provisions of this section, the provisions
of sub-section (2) of section 109, shall apply in relation to such tax as they apply in relation to any tax
imposed under sub-section (1) of section 113.
Supplementary taxation
151. Supplementary taxation.—Whenever 4
[
5
[the Corporation]] decides to have recourse to
supplementary taxation under sub-section (2) of section 111 in any year, it shall do so by increasing from
such date as 4
[
5
[the Corporation]] may determine, the rates at which any tax leviable under this Act is being
levied, but every such increase shall be made subject to the maximum rate and any other limitation specified
in respect of such tax.
Payment and recovery of taxes
6
[152. Time and manner of payment of taxes.—(1) Save as otherwise provided in this Act, any tax
levied under this Act shall be payable on such dates, in such number of installments and in such manner as
may be determined by bye-laws made in this behalf:
Provided that if, on the coming into force of the Delhi Municipal Corporation (Amendment) Act, 2003,
there is any increase in the amount of property tax which was being paid or was payable immediately before
the coming into force of the Delhi Municipal Corporation (Amendment) Act, 2003, the difference in the
amount of property tax in excess of fifty per cent above the tax being paid or being payable, shall be given
effect to by stages covering a period of three years by dividing the amount of such increase in the property
tax by three, the quotient being added to the amount of property tax which was payable immediately before
the coming into force of the Delhi Municipal Corporation (Amendment) Act, 2003, and to the amount of
property tax which shall be payable respectively in each of the remaining two successive years after such
addition.
(2) Where any person liable for the payment of property tax under this Act has failed to pay--
(a) such tax by the date as specified in sub-section (3) of section 123 B; or
(b) the arrear of tax, interest and penalty, if any, and any other sum in the nature of tax up to the
31st March of the preceding financial year;
he shall be liable to pay simple interest at the rate of one per cent for every month or part of the month
comprising the period from the expiry of the due date, till the amount is actually paid.]
1. Subs. by Delhi Act 12 of 2011, s. 2 “the Corporation” (w.e.f. 13-1-2012).
2. Subs. by Act 10 of 2022, s. 2, for “A Corporation” (w.e.f. 22-5-2022).
3. The word “Central” omitted by Act 67 of 1993, s. 86 (w.e.f. 1-10-1993).
4. Subs. by Delhi Act 12 of 2011, s. 2 “the Corporation” (w.e.f. 13-1-2012).
5. Subs. by Act 10 of 2022, s. 2, for “a Corporation” (w.e.f. 22-5-2022).
6. Subs. by Delhi Act 6 of 2003, s. 24, for section 152 (w.e.f. 1-8-2003).
86
1
[152A. Punishment for wilful default in payment of property tax, furnishing wrong information
in return of assessment, etc.—Whoever wilfully makes default in the payment of, or wilfully attempts in
any manner whatsoever to evade, any tax, including amount of interest due and penalty levied under this
Act, or furnishes any wrong information in the return of assessment, or wilfully fails to furnish in due time
the return of property tax, or does not furnish information as asked for under any provision of this Act, he
shall, without prejudice to any other penal provision under this Act to which he may be subject, be
punishable, —
(a) in the case where the amount of tax sought to be evaded exceeds ten lakh rupees, with rigorous
imprisonment for a term which shall not be less than three months but which may extend up to seven
years, and with fine of not less than fifty percent of the amount of tax evaded; and
(b) in any other case, with rigorous imprisonment for a term which shall not be less than one month
but which may extend up to three years, and with fine of not less than fifty percent of the amount of tax
evaded:
Provided that the penalties so imposed shall be in addition to, and not in derogation of, any liability
in respect of the payment of tax which the defaulter may have incurred.]
153. Presentation of bill.—(1) When any tax has become due, the Commissioner shall cause to be
presented to the person liable for the payment thereof, a bill for the amount due:
Provided that no such bill shall be necessary in the case of—
2
[(a) property tax payable on self-assessment of vacant land or covered space in any building;]
3
[(aa)] a tax on vehicles and animals;
(b) a theatre-tax; and
(c) 4
[****]
(2) Every such bill shall specify the particulars of the tax and the period for which the charge is made.
154. Notice of demand and notice-fee.—(1) If the amount of the tax for which a bill has been presented
under section 153, is not paid within fifteen days from the presentation thereof, or if the tax on vehicles and
animals or the theatre-tax or the tax on advertisements is not paid after it has become due, the Commissioner
may cause to be served upon the person liable for the payment of the same a notice of demand in the form
set forth in the Seventh Schedule.
(2) For every notice of demand which the Commissioner causes to be served on any person under this
section, a fee of such amount not exceeding five rupees as may be determined by bye-laws made in this
behalf, shall be payable by the said person and shall be included in this cost of recovery.
155. Penalty in case of default of payment of taxes.—(1) If the person liable for the payment of any
tax does not, within thirty days of the service of the notice of demand under section 154, pay the sum due
and if no appeal is preferred against such tax, he shall be deemed to be in default.
(2) When the person liable for the payment of any tax is deemed to be in default under
sub-section (1), such sum not exceeding twenty per cent, of the amount of the tax as may be determined by
the Commissioner may be recovered from him by way of penalty, in addition to the amount of the tax and
the notice fee, payable under sub-section (2) of section 154.
(3) The amount due as penalty under sub-section (2) shall be recoverable as an arrear of tax under this
Act.
156. Recovery of tax.—(1) If the person liable for the payment of the tax does not, within thirty days
from the service of the notice of demand, pay the amount due, such sum together with all costs and the
1. Ins. by Delhi Act 6 of 2003, s. 24, for section 152 (w.e.f. 1-8-2003).
2. Ins. by s. 25, ibid. (w.e.f. 1-8-2003).
3. Clause (a) re-numbered as clause (aa) by s. 25, ibid. (w.e.f. 1-8-2003).
4. Clause (c) omitted by Delhi Act 3 of 2017, s. 173 (w.e.f. 1-7-2017).
87
penalty provided for in section 155, may be recovered under a warrant, issued in the form set forth in the
Eighth Schedule, by distress and sale of the movable property or the attachment and sale of the immovable
property, of the defaulter:
Provided that the Commissioner shall not recovery any sum the liability for which has been remitted
on appeal under the provisions of this Act.
(2) Every warrant issued under this section shall be signed by the Commissioner.
1
[156A. Recovery of property tax.—If, after the coming into force of the Delhi Municipal Corporation
(Amendment) Act, 2003, any owner of any vacant land or covered space of building or any other person
liable to pay the property tax or any occupier, in the absence of any such owner or person, does not file a
return of self-assessment within sixty days of the coming into force of the Delhi Municipal Corporation
(Amendment) Act, 2003, or if the person liable for the payment of property tax does not pay the amount
due within the due date, such sum together with all costs and penalty may be recovered under a warrant,
issued in the form set forth in the Eighth Schedule, by distress and sale of the movable property, or the
attachment and sale of the immovable property, of the defaulter:
Provided that the Commissioner shall not recover any sum the liability for which has been remitted on
appeal under the provisions of this Act.]
157. Distress.—(1) It shall be lawful for any officer or other employee of 2
[
3
[the Corporation]] to whom
a warrant issued under section 156 is addressed to distrain, wherever it may be found in any place in Delhi,
any movable property or any standing timber, growing crops or grass belonging to the person therein named
as defaulter, subject to the following conditions, exceptions and exemptions, namely:—
(a) the following property shall not be distrained:—
(i) the necessary wearing apparel and bedding of the defaulter, his wife and children and their
cooking and eating utensils;
(ii) tools of artisans;
(iii) books of account; or
(iv) when the defaulter is an agriculturist, his implements of husbandry, seed, grain and such
cattle as may be necessary to enable the defaulter to earn his livelihood;
(b) the distress shall not be excessive, that is to say, the property distrained shall be as nearly as
possible equal in value to the amount recoverable under the warrant, and if any property has been
distrained which, in the opinion of the Commissioner, should not have been distrained, it shall forthwith
be released.
(2) The person charged with the execution of a warrant of distress shall forthwith make an inventory of
the property which he seizes under such warrant, and shall, at the same time, give a written notice in the
form set forth in the Ninth Schedule, to the person in possession thereof at the time of seizure that the said
property will be sold as therein mentioned.
158. Disposal of distrained property and attachment and sale of immovable property.—(1) When
the property seized is subject to speedy and natural decay or when the expense of keeping it in custody is,
when added to the amount to be recovered, likely to exceed its value, the Commissioner shall give notice
to the person in whose possession the property was at the time of seizure that it will be sold at once, and
shall sell it accordingly by public auction unless the amount mentioned in the warrant is forthwith paid.
(2) If the warrant is not in the meantime suspended by the Commissioner, or discharged, the property
seized shall, after the expiry of the period named in the notice served under sub-section (2) of section 157,
be sold by public auction by order of the Commissioner.
1. Ins. by Delhi Act 6 of 2003, s. 26 (w.e.f. 1-8-2003).
2. Subs. by Delhi Act 12 of 2011, s. 2 “the Corporation” (w.e.f. 13-1-2012).
3. Subs. by Act 10 of 2022, s. 2, for “a Corporation” (w.e.f. 22-5-2022).
88
(3) When a warrant is issued for the attachment and sale of immovable property, the attachment shall
be made by an order prohibiting the defaulter from transferring or charging the property in any way, and
all persons from taking any benefit from such transfer or charge, and declaring that such property would be
sold unless the amount of tax due with all costs of recovery is paid into the municipal office within fifteen
days from the date of the attachment.
(4) Such order shall be proclaimed at some place on or adjacent to such property by beat of drum or
other customary mode and a copy of the order shall be affixed on a conspicuous part of the property and
upon a conspicuous part of the municipal office and also, when the property is land paying revenue to the
Government, in the office of the collector.
(5) Any transfer of or charge on the property attached or any interest therein made without written
permission of the Commissioner shall be void as against all claims of 1
[
2
[the Corporation]] enforceable
under the attachment.
(6) The surplus of the sale-proceeds, if any shall, immediately after the sale of the property, be credited
to the Municipal Fund, and notice of such credit shall be given at the same time to the person whose property
has been sold or his legal representative and if the same is claimed by written application to the
Commissioner within one year from the date of the notice, a refund thereof shall be made to such person or
representative.
(7) Any surplus not claimed within one year as aforesaid shall be the property of 1
[
2
[the Corporation]].
(8) For every distraint and attachment made in accordance with the foregoing provisions, a fee of such
amount not exceeding two-and-a-half per cent. of the amount of the tax due as shall in each case be fixed
by the Commissioner, shall be charged, and the said fee shall be included in the costs of recovery.
159. Recovery from a person about to leave Delhi.—(1) If the Commissioner has reason to believe
that any person from whom any sum is due or is about to become due on account of any tax is about to
move from Delhi, he may direct the immediate payment by such person of the sum so due or about to
become due and cause a notice of demand for the same to be served on such person.
(2) If, on the service of such notice, such person does not forthwith pay the sum so due or about to
become due, the amount shall be leviable by distress or attachment and sale in the manner hereinbefore
provided, and the warrant of distress or attachment and sale may be issued and executed without any delay.
160. Power to institute suit for recovery.—Instead of proceeding against a defaulter by distress and
sale as hereinbefore provided, or after a defaulter has been so proceeded against unsuccessfully or with
partial success, any sum due or the balance of any sum due, as the case may be, from such defaulter on
account of a tax may be recovered from him by a suit in any court of competent jurisdiction.
161. Power of seizure of vehicles and animals in case of non-payment of tax thereon.—(1) If the
tax on any vehicle or animal is not paid, then, instead of proceeding against the defaulter by distress and
sale of his other movable property as hereinbefore provided, the Commissioner may, at any time after the
tax has become due, seize and detain the vehicle or animal or both and, if the owner or other person entitled
thereto does not within seven days in respect of a vehicle and two days in respect of an animal from the
date of such seizure and detention, claim the same and pay the tax due together with the charges incurred
in connection with the seizure and detention, the Commissioner may cause the same to be sold and apply
the proceeds of sale or such part thereof as is required in discharge of the sum due and the charges incurred
as aforesaid.
(2) The surplus, if any, remaining after the application of the sale-proceeds under sub-section (1) shall
be disposed of in the manner laid down in sub-sections (6) and (7) of section 158.
1. Subs. by Delhi Act 12 of 2011, s. 2 “the Corporation” (w.e.f. 13-1-2012).
2. Subs. by Act 10 of 2022, s. 2, for “a Corporation” (w.e.f. 22-5-2022).
89
162. Occupiers may be required to pay rent towards satisfaction of property taxes.—(1) For the
purposes of recovering the amount of any property tax from any occupier under section 122, the
Commissioner shall cause to be served on such occupier a notice requiring him to pay to 1
[
2
[the
Corporation]] any rent due or falling due from him in respect of the land or building to the extent necessary
to satisfy the portion of the sum due for which he is liable under the said section.
(2) Such notice shall operate as an attachment of the said rent unless the portion of the sum due shall
have been paid and satisfied and the occupier shall be entitled to credit in account with the person to whom
such rent is due for any sum paid by him to 1
[
2
[the Corporation]] in pursuance of such notice:
Provided that if the person to whom such rent is due is not the person primarily liable for payment of
the property tax, he shall be entitled to recover from the person primarily liable for the payment of such tax
any amount for which credit is claimed as aforesaid.
(3) If any occupier fails to pay to 1
[
2
[the Corporation]] any rent due or falling due which he has been
required to pay in pursuance of a notice served upon him as aforesaid, the amount of such rent may be
recovered from him by 1
[
2
[the Corporation]] as an arrear of tax under this Act.
Remission and Refund
163. Demolition, etc., of buildings.—If any building is wholly or partly demolished or destroyed or
otherwise deprived of value, the Commissioner may, on the application in writing of the owner or occupier,
remit or refund such portion of any tax assessed on the rateable annual value thereof as he thinks fit.
164. [Remission or refund of tax.] Omitted by Delhi Municipal Corporation (Amendment) Act, 2003
(Delhi Act 6 of 2003), s. 27 (w.e.f. 1-8-2003).
165. [Power to require entry in assessment list of details of buildings.] Omitted by s. 28, ibid.
(w.e.f. 1-8-2003).
166. [Notice to be given of the circumstances in which remission or refund is claimed.] Omitted by s.
29, ibid. (w.e.f. 1-8-2003).
167. [What buildings, etc., are to be deemed vacant.] Omitted by s. 30, ibid. (w.e.f. 1-8-2003).
168. [Notice to be given of every occupation of vacant land or building.] Omitted by s. 31, ibid. (w.e.f.
1-8-2003).
Appeals
3
[169. Appeal against assessment, etc.—(1) An appeal against the levy or assessment or revision of
assessment of any tax under this Act shall lie to the Municipal Taxation Tribunal constituted under this
section:
Provided that the full amount of the property tax shall be paid before filing any appeal:
Provided further that the Municipal Taxation Tribunal may, with the approval of the District Judge of
Delhi, also take up any case for which any appeal may be pending before the court of such District Judge.
Provided also that any appeal pending before the court of such District Judge shall be transferred to the
Municipal Taxation Tribunal for disposal, if requested by the applicant for the settlement thereof on the
basis of annual value.
(2) (a) The Government shall constitute a Municipal Taxation Tribunal consisting of a Chairperson
,and such other members as the Government may determine:
Provided that on the recommendation of the Government the Chairperson may constitute one or more
separate Benches, each Bench comprising two members, one of whom shall be a member of the Higher
Judicial Service of a State or a Union territory and the other member from the higher administrative service,
1. Subs. by Delhi Act 12 of 2011, s. 2 “the Corporation” (w.e.f. 13-1-2012).
2. Subs. by Act 10 of 2022, s. 2, for “a Corporation” (w.e.f. 22-5-2022).
3. Subs. by Delhi Act 6 of 2003, s. 32, for section 169 (w.e.f. 1-8-2003).
90
and may transfer to any such Bench any appeal for disposal or may withdraw from any Bench any appeal
before it is finally disposed of.
(b) The Chairperson, and not less than half of the other members, of the Municipal Taxation Tribunal
shall be persons who are or have been the members of the Higher Judicial Service of a State or a Union
territory for a period of not less than five years, and the remaining members, if any, shall have such
qualifications and experience as the Government may by rules determine.
(c) The Chairperson and the other members of the Municipal Taxation Tribunal shall be appointed by
the Government for a period of five years or till they attain the age of sixty-five years, whichever is earlier.
(d) The other terms and conditions of service of the Chairperson and the other members of the
Municipal Taxation Tribunal, including salaries and allowances, shall be such as may be determined by
rules by the Government.
(e) The salaries and allowances of the Chairperson and the other members of the Municipal Taxation
Tribunal shall be paid from the Municipal Fund.
(3) In every appeal, the costs shall be in the discretion of the Municipal Taxation Tribunal or the bench
thereof, if any.
(4) Costs awarded under this section to 1
[
2
[the Corporation]] shall be recoverable by 1
[
2
[the
Corporation]] as an arrear of tax due from the appellant.
(5) If 1
[
2
[the Corporation]] fails to pay any costs awarded to an appellant within ten days from the date
of the order for payment thereof, the Municipal Taxation Tribunal may order the Commissioner to pay the
costs to the appellant.]
170. Conditions of right to appeal.—No Appeal shall be heard or determined under section 169
unless—
(a) the appeal is, in the case of a property tax, brought within thirty days next after the date of
authentication of the assessment list under section 124 (exclusive of the time requisite for obtaining a
Copy of the relevant entries therein) or, as the case may be, within thirty days of the date on which an
amendment is finally made under section 126, and, in the case of any other tax, within thirty days next
after the date of the receipt of the notice of assessment or of alteration of assessment or, if no notice
has been given, within thirty days after the date of the presentation of the first bill or, as the case may
be, the first notice of demand in respect thereof:
Provided that an appeal may be admitted after the expiration of the period prescribed therefor by
this section if the appellant satisfies the 3
[Municipal Taxation Tribunal] that he had sufficient cause for
not preferring the appeal within that period;
(b) the amount, if any, in dispute in the appeal has been deposited by the appellant in the office of
1
[
2
[the Corporation]].
171. Finality of appellate orders.—The order of the court confirming, setting aside or modifying an
order in respect of any rateable value or assessment or liability to assessment or taxation shall be final:
Provided that it shall be lawful for the 3
[Municipal Taxation Tribunal], upon application or on its own
motion, to review any order passed by it in appeal within three months from the date of the order.
Miscellaneous provisions relating to taxation
172. Power to inspect for purposes of determining 4
[annual value] or tax.—(1) The Commissioner
may, without giving any previous notice, enter upon and make an inspection of—
(a) any land or building for the purpose of determining the 4
[rateable value] of such land or
building;
1. Subs. by Delhi Act 12 of 2011, s. 2 “the Corporation” (w.e.f. 13-1-2012).
2. Subs. by Act 10 of 2022, s. 2, for “a Corporation” (w.e.f. 22-5-2022).
3. Subs. by Delhi Act 6 of 2003, s. 33, for “court” (w.e.f. 1-8-2003).
4. Subs. by s. 2, ibid., for “rateable value”.
91
(b) any stable, garage, or coach house or any place wherein he may have reason to believe that there
is any vehicle or animal liable to a tax under this Act;
(c) any place or premises which he has reason to believe are being used or are about to be used for
any performance or show in respect of which the theatre tax is payable or would be payable;
(d) any land, building or vehicle in or upon which any advertisement liable to tax under this Act is
exhibited or displayed.
(2) The Commissioner may, by written summons, require the attendance before him of any person
whom he has reason to believe to be liable to the payment of a tax in respect of a vehicle or animal, or of
any servant of any such person and may examine such person or servant as to the number and description
of vehicles and animals owned by or in the possession or under the control of such person; and every person
or servant of such person so summoned shall be bound to attend before the Commissioner and to give
information to the best of his knowledge and belief as to the said matters.
1
[172A. Power to appoint an agency for administration of property tax.—(1) The Commissioner
may, subject to such bye-laws as specified by 2
[
3
[the Corporation]] in this behalf, appoint any citizens
welfare association recognized by 2
[
3
[the Corporation]], or any Scheduled bank, or any person or other
agency to--
(a) maintain the assessment book under section 124;
(b) collect tax and deposit the same with 2
[
3
[the Corporation]]; and
(c) carry out such other tasks as may be assigned to them by a resolution of the Standing Committee.
(2) Such citizens welfare association, bank or person, or other agency shall be paid such collection
charges as may be authorized by such bye-laws as may be specified by 2
[
3
[the Corporation]].]
173. Composition.—(1) The Commissioner may, with the previous sanction of the Standing
Committee, allow any person to compound for any tax.
(2) Every sum due by reason of the composition of a tax under sub-section (1) shall be recovered as an
arrear of tax under this Act.
174. Irrecoverable debts.—(1) The Commissioner may write off any sum due on account of any tax
or of the costs of recovering any tax if such sum is, in his opinion irrecoverable:
Provided that, where the sum written off in favour of any one person exceeds one hundred rupees, the
previous sanction of the Standing Committee shall be first obtained.
(2) The Commissioner shall report to the Standing Committee every case in which any sum has been
written off under sub-section (1).
175. Obligation to disclose liability.—(1) The Commissioner may, by written notice, call upon any
inhabitant of Delhi to furnish such information as may be necessary for the purpose of ascertaining—
(a) whether such inhabitant is liable to pay any tax imposed by 2
[
3
[the Corporation]] under this Act;
(b) at what amount he should be assessed; or
(c) the rateable value of the land or building which he occupies and the name and address of the
owner or lessee thereof.
(2) If any person when called upon under sub-section (1) to furnish information neglects to furnish it
within the period specified in this behalf by the Commissioner or furnishes information which is not true
to the best of his knowledge or belief, he shall be liable, in addition to any penalty which may be imposed
1. Ins. by Delhi Act 6 of 2003, s. 35 (w.e.f. 1-8-2003).
2. Subs. by Delhi Act 12 of 2011, s. 2 “the Corporation” (w.e.f. 13-1-2012).
3. Subs. by Act 10 of 2022, s. 2, for “a Corporation” (w.e.f. 22-5-2022).
92
under this Act, to be assessed at such amount on account of tax as the Commissioner may deem proper, and
the assessment so made shall, subject to the provisions of this Act, be final.
176. Immaterial error not to affect liability.—No assessment and no charge or demand on account
of any tax shall be impeached or affected by reason only of any mistake in the name, residence, place of
business or occupation of any person liable to pay the tax or in the description of any property or thing, or
of any mistake in the amount of the assessment, charge or demand, or by reason only of clerical error or
other defect of form, if the directions contained in this Act and the bye-laws made thereunder have in
substance and effect been complied with; and it shall be enough in the case of any such tax on property or
any assessment of value for the purpose of any such tax, if the property taxed or assessed is so described as
to be generally known; and it shall not be necessary to name the owner or occupier thereof.
177. General power of exemption.—1
[
2
[The Corporation]] may, by resolution passed in this behalf,
exempt either wholly or in part from the payment of any tax levied under this Act, any class of persons or
any class of property or goods.
3
***
178. [Terminal tax on goods carried by railway, or road.] Omitted by the Delhi Municipal Corporation
(Amendment) Ordinance, 1993 (21 of 1993), (w.e.f. 30-1-1993).
179. [Recovery of terminal taxes.] Omitted by the Delhi Municipal Corporation (Amendment)
Ordinance, 1993 (21 of 1993), (w.e.f. 30-1-1993).
180. [Payment by the Central Government to the Corporation and other local authorities.] Omitted by
the Delhi Municipal Corporation (Amendment) Ordinance, 1993 (21 of 1993), (w.e.f. 30-1-1993).
181. [Power of exemption.] Omitted by the Delhi Municipal Corporation (Amendment) Ordinance,
1993 (21 of 1993), (w.e.f. 30-1-1993).
182. [Powers and liabilities of persons authorised to collect terminal taxes.] Omitted by the Delhi
Municipal Corporation (Amendment) Ordinance, 1993 (21 of 1993), (w.e.f. 30-1-1993).
183. [Power to make rules.] Omitted by the Delhi Municipal Corporation (Amendment) Ordinance,
1993 (21 of 1993), (w.e.f. 30-1-1993).
4*** Taxes on entertainment and betting
184. [Proceeds of entertainment tax.] Omitted by Delhi Act No. 11 of 2002, s. 4 (w.e.f. 1-4-1996).