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2015 (9) TMI 1743 - PUNJAB AND HARYANA HIGH COURTDetermination of the property tax - notification dated 11.10.2013 (Annexure P-3) fixing the rates of property tax - whether the notification dated 11.10.2013 fixing the rate of tax is in accordance with the provisions of Section 87(1)(a) of the Act? HELD THAT:- The State legislature is competent to make the provisions of law as applicable retrospectively. In the present case, Section 21 of the amending Act, validates the notification issued on 30.9.2003 and 21.6.2012. Therefore, it is not a retrospective imposition of tax, but validating of the action taken earlier i.e. the notification dated 30.9.2003 and 21.6.2012. The notification dated 11.10.2013, has been issued in terms of Section 87(3) and Section 149(1) of the Act. The levy of tax and rates have been made applicable from the Financial Year 2010-11 but with a further option that the property owners have the option to pay the same as per the new or old policy, whichever is opted by them. Therefore, it is open to the owners to opt for the rates, which were prevailing prior to the publication of the notification on 11.10.2013. It is not a retrospective taxation, but an option has been given to pay the tax as per the old policy or the new provisions. Thus, the Notification dated 11.10.2013 is not contrary to the provisions of the Statute. Petition dismissed.
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