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THE JOINT COMMISSIONER BBMP “WEST ZONE” VIOLATES SECTION 110 (H) (1) (A) OF THE KMC ACT,

 
 
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THE JOINT COMMISSIONER BBMP “WEST ZONE” VIOLATES SECTION 110 (H) (1) (A) OF THE KMC ACT,
by System Administrator - Friday, 11 March 2016, 5:48 AM
 

By: M.S.Yatnatti: Editor and Video Journalist Bengaluru: PIO and ARO and JC without visiting the poor student hostel provide wrong information and declined to put this under tax exempt category.. This poor student hostel is at a distance of stone throw distance from JC West office and every day JC and BBMP officers pass through this student hostel. The PIO ARO Gandhinagar has blatantly replied that he is not bothered about KMC Act and he has put this poor students hostel under residential and non-residential tax bracket despite request and documents submitted by viswakarma samaja and he said hat he will not obey the KMC Act and he declined to put this property under tax exemption category as per section 110 (h) (1) (a) of the Karnataka Municipal Corporations Act, 1976 for Vishwa karma studenthostel run for no profit for poor students. ARO has no power to violate section 110 (h) (1) (a) of the Karnataka Municipal Corporations Act, 1976.For giving wrong information from the date of wrong information PIO need to be penalized Rs 200/- every day from the date of wrong reply as he has relied upon false report of tax inspector .

Now an RTI Appeal is filed by me as Information sought was not provided and tax exemption was not given under section 110 (h) (1) (a) of the Karnataka Municipal Corporations Act, 1976 for Vishwa karma student hostel is built several decades earlier for poor students of viswakarma samaja students..We had asked information and reasons for not exempting Student hostel run by charitable institution "Karnatakastate Vishwakarma Samaja (Registered) No 376/1942 dated 14-03-1942 at No 3 Sirur Park Road Shshadripuram Bangalore -560020under section 110 (h) (1) (a) of the Karnataka Municipal Corporations Act, 1976which exempts student hostel which are not established or conducted for profit and it is run by not for profit charitable organisation..This vishwa karma student hostel is built several decades earlier for poor students of viswakarma samaja students. Since several decades taxes were exempted and suddenly few officer.

Prayer or relief sought:Vishwa karma student hostel at No 3 Sirur Park Road Shshadripuram Bangalore -560020is built several decades earlier for poor students of viswakarma samaja students need to be exempted from tax payments under section 110 (h) (1) (a) of the Karnataka Municipal Corporations Act, 1976 .ARO BBMP Gandhi Nagar has put this property under residential and non-residential category as per his reply under RTI dated 20-02-2015 and 03-02-2016 .Actually ARO need to put this property under students hostel under exempted category under section 110 (h) (1) (a) of the Karnataka Municipal Corporations Act, 1976 from tax as it the hostel run for poor students and run for non- profit .ARO has no power to violate section 110 (h) (1) (a) of the Karnataka Municipal Corporations Act, 1976.For giving wrong information from the dsate of wrong information PIO need to be penalized Rs 200/- every day from the date of wrong reply as he has relied upon false report of tax inspector .

Copies of documents relied upon by the applicant: We have relied on HKHC Court's decision in the case of CORPORATION OF THE CITY OF MANGALORE AND ANOTHER vs. KASTURBA MEDICAL COLLEGE reported in 2002 (3) Kar.LJ 145. Paragraphs 3 and 4 read out by him are as follows: "3. Before the Commissioner, certain documents were produced like college calendar, list of documents, particulars of room rent collected from the students, etc. No doubt, at the time of admission, certain amount is collected from each student seeking admission to the hostel which amount is refunded to him at the end of his tenure. The said amount, in the meantime, earns interest that goes to the management. Otherwise, there is no other aspect of profit making that is brought out in the material on record. Learned Counsel for the petitioners Sri K.V.Narasimhan urges that, the balance-sheet would give an overall picture of the management making profit from the running of the hostel. As said earlier, the particulars are available before the Commissioner as to what each student is charged by way of room rent, etc. It is nobody's case that the hostel is being run for profit. It is also not a free hostel. Therefore, while recovering from the students the cost of maintenance of the hostel, it is possible that during certain months there could be excess of amount collected from the students. The question is whether that itself makes the hostel concerned as one being run for profit. If we look to the relevant provision, viz., Sub-clause (a) of Clause (i) of Section 110 of the Act, it is evident there from that it is the dominant purpose for which the hostel is being run, that is important for determining whether the building concerned comes under exemption class or not. It reads thus.- "Section 110.-The following buildings and lands shall be exempted from the property tax-- (i) building or lands exclusively use for-- (a) students hostels which are not established or conducted for profit". KMC Act under section 110 (h) (1) (a) of the Karnataka Municipal Corporations Act, 1976 and hostel inmates details and plan of hostel building and related documents.