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LBT vs Octroi in SC now
- ST Correspondent
Monday, 1 April 2013 - 06:25 PM IST

Mumbai: The row over Octroi vs Local Bodies Tax (LBT) issue would now be fought in the Supreme Court.
Eminent trade unionist, Sharad Rao, who is the President of Municipal Mazdoor Union, has decided to move the apex court by Wednesday demanding a roll back of the LBT.
“We expect a hearing by Thursday or Friday,” Rao said, adding that since Constitutional issues are involved, this is going to be a "landmark case" - and expressed hope that the Maharashtra Government would be defeated in the apex court.
Rao, along with other unions of municipal bodies, would challenge the March 26 order of the Bombay High Court - which has admitted a bunch of appeals against the LBT, but has not granted any interim relief.
A division bench of Bombay High Court comprising Justice Mridula Bhatkar and A S Oka, however, while admitting the appeals has directed to “expedite hearing” and observed that - “...the Municipal Corporations will have to maintain records relating to recovery and collection of LBT made during pendency of the petitions as the same will be subject to final decision of the petitions.
The petitions have been filed by Municipal Labour Union, PMC Employees Union, Pimpri-Chinchwad Mahanagarpalika Karmachari Mahasangh and Rashtriya Nagpur Corporation Employees Association.
The respondents in the writ petition are State of Maharashtra, Thane Municipal Corporation, Pune Municipal Corporation, Pimpri Chinchwad Municipal Corporation, Nagpur Municipal Corporation and Navi Mumbai Municipal Corporation.
“Despite the fact that the Bombay High Court has directed to expedite hearing on this issue, we are moving the Supreme Court,” Rao told a news conference at the Mumbai Marathi Patrakar Sangh here, adding that in case there is a roll back, Maharashtra Chief Minister Prithviraj Chavan must take moral responsibility and step down.
“There is clearly lack of knowledge on part of the government and the Cabinet is being misguided by the IAS lobby,” Rao alleged, adding that the government must immediately roll back. “What is more important that since the Bombay High Court has admitted the appeals, the government should maintain status quo,” he said, adding that the decision to introduce LBT in the big corporations has been taken to give undue benefits to the trading community.
He also said that what is to be noted that the Urban Development department and the Cabinet has unilaterally decided to introduce LBT. "No elected body has given its sanction," he pointed out. "We have requested the Commissioners of Pune, Pimpri-Chinchwad, Navi Mumbai, Thane and Nagpur, that status quo be maintained in the existing octroi nakas, its arrangement, properties, and employees," he added.


 
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MANISH PAREKH - Wednesday, 15 May 2013 - 04:37 PM IST
To do business in India is an art. To make money is difficult with lots of bureaucracy. After making money to maintian is another art. Cannot understand India whose flat values are too high and still the qlty is poor even compared to many other 3rd world countries compared to the value of a flat. We are very good in accounts etc but all brain drain. Good for nothing. In other words The logic of putting of LBT is never explained to the payers. Taxation income does not relate with the performance of outcome/growth of country/state performance. Its a snake charmers policy.
 
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SIVAN NAIR - Thursday, 9 May 2013 - 05:34 PM IST
It is going to be double taxation. We have to expend an additional amount of Rs.10,000.00 every year to Chartered Accountant to maintain Local Body Tax matters. In our country we have to pay Corporate Tax, Income Tax, Sales Tax, Wealth Tax, property Tax,Service Tax, Road tax, Excise Duty,Custom Duty. what not? Finally additional burden of LBT. LBT introduction definitely leads to a high handed corruption with which entrusted civic body for collection are going to be benefitted leaving headache for the poor traders. Where does the money goes? If materil for recondition purpose comes from Pune we have to pay LBT in Mumbai after reconditioning it sending the same material to Nagpur there our customer has to pay LBT. Which IAS lobby had given this idea to Govt?
 
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SIVAN NAIR - Thursday, 9 May 2013 - 05:33 PM IST
It is going to be double taxation. We have to expend an additional amount of Rs.10,000.00 every year to Chartered Accountant to maintain Local Body Tax matters. In our country we have to pay Corporate Tax, Income Tax, Sales Tax, Wealth Tax, property Tax,Service Tax, Road tax, Excise Duty,Custom Duty. what not? Finally additional burden of LBT. LBT introduction definitely leads to a high handed corruption with which entrusted civic body for collection are going to be benefitted leaving headache for the poor traders. Where does the money goes? If materil for recondition purpose comes from Pune we have to pay LBT in Mumbai after reconditioning it sending the same material to Nagpur there our customer has to pay LBT. Which IAS lobby had given this idea to Govt?
 
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Niteen L Shah - Wednesday, 8 May 2013 - 05:49 PM IST
This is nothing but harassment and creating grounds for more corruption. Most businessmen are not against accountability and paying taxes. But there has to be a single window system. Why have multiple taxes. Where is all the public money going? In the pockets of corrupt politicians! Had they been honest we would not have so many taxes. India is being looted left, right, center by its politicians. Shameful. Throw them out.
 
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Ashutosh - Monday, 6 May 2013 - 09:08 PM IST
LBT is nothing but harassment to the Business and trading community, Tax should be collected from the people DIRECTLY - why involve business and industry as collection agents? After all its the AAM AADMI the end consumer who pays - Politicians wants the AAM AADMI to be ignorant of all the taxes he actually pays - and later want to raise their vote banks by allotting so many crores here and there like BAAP KA MAAL.... Enough of this - IF YOU WANT TO GOVERN GO TO CITIZENS AND ASK FOR TAX LIKE YOU ASK FOR VOTES DURING ELECTION - Even a begger is a tax payer in our country - when he buys a match box - he has paid EXCISE DUTY / VAT / OCTROI / SERVICE TAX etc etc. SAY NO TO INDIRECT TAXES - LET THE CITIZEN KNOW HOW MUCH EVERYONE IS PAYING UP - JAAGO INDIA JAAGO.
 
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