DMC-UDD turf war in court

0
26

FINAL HEARING ON TOLL TAX IMBROGLIO TODAY
A turf battle for toll taxes and fees in Dimapur between the Dimapur Municipal Council (DMC) and the Urban Development Department/Municipal Administrative Cell (UUD/MAC) has resulted in a litigation filed by the lessees in the Gauhati High Court, Kohima Bench and DMC sources said the final hearing of the case was slated for Thursday.

The tax-turf battle between DMC and UDD has resulted in both bodies having appointed a whopping 78 toll tax collectors in Dimapur city. 

It may be recalled that following the hue and cry by public and other organisations about excessive taxations, Action Committee Against Unabated Taxation (ACAUT) had blamed such tax collections by DMC, underground groups and some government departments as responsible for  prices of all commodities and items in Dimapur to shoot up.

In fact, prices of essential food items in Dimapur are said to be costlier than in Kohima or even Mokokchung.

It may also be recalled, ACAUT had demanded that DMC immediately review its toll tax collection after visiting Jorhat to study how the municipality conducted its affairs.

Even before UDD/MAC  appointed 37 lessees ACAUT had described it as an attempt by individuals and firms of trying to “get hold of this lucrative license”.

In the aftermath of the list containing the names of organisations and the amount of taxes collected as released by ACAUT, the UDD had cancelled the appointment orders by DMC to 41 toll tax collectors.

In this regard, the UDD/MAC maintained that DMC had not sought approval of the government before appointing them, in contravention of Section 199 of the Nagaland Municipal Act.

After cancelling the appointment of toll/tax collectors by DMC, the UDD/MAC had in their place, approved appointment of a fresh batch of 37 government approved lessees. UDD/MAC has also directed the CEO of DMC to accordingly enter into a lease agreement with the 37 government approved lessees as per the notification dated July 22,2013.

However, DMC did not entertain the directive of the UDD to enter into a lease agreement with the 37 government approved lessees.

The UDD/MAC then issued a show-cause notice on DMC on July 31,2013 asking why the work orders issued by DMC to 41 lessees should not be cancelled/terminated, on the ground of being “illegal and ultra-vires”.

The conflict has led to lessees of both sides filing their respective suits in the High Court. When asked about this aspect, the DMC source told this Reporter that Nagaland Municipal Act 2001 empowered the Urban Local Bodies (ULB) to levy toll taxes.

The source also pointed out that such taxes which the DMC was collecting had been going on since the time of the Dimapur Town Committee. 

On September 2, the UDD/MAC directed DC , SP Dimapur and CEO of DMC to “immediately stop/restrain the 41 lessees from collecting toll tax and fess on various items under Dimapur Municipal Council.

With both sides sticking to their guns over toll tax and fee collections, an early subsequent court ruling should end the dispute and put matters in perspective.

Ao Senden extends support to ACAUT
DIMAPUR, OCT 9 (NPN): Ao Senden has resolved to extend fullest support to the Action Committee Against Unabated Taxation (ACAUT) in its fight against the unscrupulous imposition of taxation on innocent citizens especially amongst the business communities.

The resolution was adopted at its mid-term general session held on September 17 last. A statement issued by Ao Senden president Prof.

Sangyu Yaden and general secretary Tsupong Longchar has also appealed all Naga tribe hohos to support ACAUT’s noble cause for the smooth functioning and tranquility in the society and to bring peaceful co-existence among the Nagas.

In this regard, the Ao Senden has decided to give all possible support to ACAUT till a positive result was achieved.

LEAVE A REPLY

Please enter your comment!
Please enter your name here