How to Appeal Property Tax in Banashankari?

Property tax is an essential civic obligation for homeowners in Bengaluru, ensuring funds for infrastructure, sanitation, and public services. If you live in Banashankari—a bustling locality under the jurisdiction of Bruhat Bengaluru Mahanagara Palike (BBMP)—and believe your property tax demand is incorrect or excessive, you have the right to appeal. This guide will walk you through the entire process in simple steps, so you can file an objection or appeal without confusion.

Paying property tax to BBMP is mandatory for every property owner in Banashankari. However, errors in valuation, misclassification of zones, or incorrect details about your property can lead to inflated tax bills. Thankfully, BBMP’s property tax system allows for objections (pre-appeal stage) and formal appeals if your objection isn’t resolved satisfactorily. By understanding the steps involved, documents required, timelines, and recent rule changes, you can protect your interests and potentially reduce your tax liability.


1. Understanding Property Tax in Banashankari

1.1 BBMP’s Role
BBMP manages civic administration—including property tax—for Bengaluru’s wards. Banashankari falls under the South Zone, comprising four wards:

  • Ganeshmandira (Ward 165)
  • Karisandra (Ward 166)
  • Yediyur (Ward 167)
  • Banashankari Temple (Ward 180)

1.2 How Property Tax Is Calculated
Property tax under BBMP is calculated based on:

  • Guidance value of land (determined by Revenue Department)
  • Built-up area (as per approved building plan)
  • Use of property (residential, commercial, mixed)
  • Age of building, amenities, and occupancy status
  • Any applicable rebates (e.g., early payment rebate of 5% if paid by July 31, 2024)

1.3 Recent Amendments Affecting Banashankari

  • BBMP Amendment Act, 2024: Reduced penalties on overdue property tax by 50% for dues up to five years; interest beyond five years waived.
  • High Court Ruling on 50% Deposit: BBMP cannot insist on a 50% deposit of re-assessed tax before considering an objection; deposit of 50% is only required at the formal appeal stage.
  • Penalty Structure for 2025: From April 1, 2025, BBMP will impose a 100% penalty on unpaid property tax dues, with interest rates of 9% (pre–FY 2022-23 dues) and 15% (FY 2023-24 onwards).

2. Common Reasons to Appeal Property Tax

Before filing an appeal, it’s helpful to know why property owners typically challenge BBMP property tax demands:

  1. Overvaluation of Property
    BBMP may use an inflated guidance value or built-up area figures, leading to a higher tax.
  2. Incorrect Zone Classification
    Banashankari wards sometimes see confusion over zonal classification changes (A/B/C/D/E zonal system replaced by guidance value–based system). Mistakes can happen if the BBMP portal isn’t updated.
  3. Errors in Built-Up Area
    Discrepancies between the actual ground‐plus‐floor area and BBMP records can cause inflated taxes.
  4. Khata/Ownership Details Mismatch
    Any mismatch between municipal records (Khata) and the property owner’s documents can trigger an error in tax calculation.
  5. Penalties and Interest
    Sometimes, penalty or interest is levied incorrectly, or BBMP fails to account for a one-time settlement (OTS) scheme or exemptions for small properties (≤1,000 sq.ºft. residential).

If any of these apply to your property in Banashankari, you can file an objection or appeal to rectify the demand.


3. Eligibility and Timeline for Filing an Objection/Appeal

3.1 Who Can File?

  • Any property owner (individual or organization) whose property falls under Banashankari wards (165, 166, 167, or 180).
  • A resident welfare association (RWA) can act on behalf of multiple owners, provided they have authorization.

3.2 Types of Dispute Resolution

  1. Objection (Section 144(15)(c), BBMP Act): This is a pre-appeal grievance where you submit written objections to the revisited demand order.
  2. Formal Appeal (Section 144(15)(e), BBMP Act): If your objection is rejected or unresolved, you can file an appeal to the Deputy Commissioner (Appeal Committee). After exhausting BBMP’s appeal committee, you may approach the Karnataka Appellate Tribunal or High Court.

3.3 Filing Timeline

  • After Receiving Demand Notice: You have 30 days from the date of service of the notice to file a written objection (pre-appeal).
  • After Receiving Objection Order: If BBMP’s response (order on objection) is not in your favor, you have 30 days from that order date to file a formal appeal (with 50% deposit of demanded tax).

Missing these deadlines can forfeit your right to appeal, so act promptly.


4. Step-by-Step Process to File an Objection (Pre-Appeal)

When you receive a demand notice in Banashankari stating your property tax dues (including penalties and interest), follow these steps:

4.1 Verify Demand Notice

  1. Log in to BBMP Property Tax Portal
    – Visit: BBMP Property Tax Portal.
    – Enter your Assessment Number (PTEKID) or Property ID to view the current demand.
  2. Download Demand Notice
    – The portal allows you to download a PDF of the demand notice (Form II). This notice shows the tax for each fiscal year, penalties, interest, and total payable amount.
    – Check for any mismatches: built-up area, guidance value, or any additional charges.
  3. Note the Deadline
    – The notice will mention a due date to pay tax to avoid further penalties. You have 30 days from the notice date to raise objections.

4.2 Gather Supporting Documents

Prepare digital (scanned) copies of:

  • LL (Khata) Certificate: Proof of property details as per BBMP records.
  • Latest Tax Paid Receipt: To show last year’s dues were cleared.
  • Site and Floor Plan: Approved by BBMP/BDA, showing correct built-up area.
  • Sale Deed / Property Title Deed: To prove ownership.
  • Encumbrance Certificate: If relevant to show no outstanding dues.
  • Photographs: If contesting the condition or usage of property.

4.3 Draft the Objection Letter

Your objection letter should include:

  • Property Details: Assessment Number, Ward, Address in Banashankari.
  • Reason for Objection: e.g., built-up area discrepancy, wrong zone classification, wrong guidance value, etc.
  • Breakdown of Disputed Amount: State which component you challenge (e.g., penalty for non‑payment of 2021‑22, interest on 2020‑21).
  • Request for Reassessment: Ask BBMP to re-evaluate property details and recalculate tax.
  • Attachments List: Enumerate all supporting documents you’re enclosing.

4.4 File Objection Online via BBMP Portal

  1. Log In
    – Use your BBMP login credentials (you may need to register if it’s your first time).
  2. Navigate to “Objection/Appeal” Section
    – On the dashboard, click “Grievance/Objection.”
  3. Choose “File Objection”
    – Select the assessment number for which you’re raising an objection.
  4. Upload Documents
    – Attach scanned copies of demand notice, khata certificate, building plan, ID proof, and the letter of objection.
  5. Submit & Note Acknowledgment Number
    – Once submitted, the portal generates an acknowledgment number. Note it for future tracking.

If you can’t file online, you can submit a physical objection at the BBMP South Zonal office or BBMP Help Centre 180 (Opposite Banashankari Post Office) in Banashankari 2nd Stage, Bangalore 560070, between 9:30 AM–1:30 PM & 2:30 PM–7:00 PM, Monday–Saturday. 


5. How to File a Formal Appeal (After Objection)

If BBMP’s reply to your objection doesn’t resolve the dispute or outright rejects it, you can escalate to a formal appeal. Since BBMP introduced an Appeal Committee (per the 2024 amendment), you need not approach the High Court initially.

5.1 Understanding the Appeal Committee Structure

  • First Appellate Authority: Deputy Commissioner (Appeals) at Zonal level (South Zone for Banashankari).
  • Second Appellate Authority: Karnataka Appellate Tribunal (if unsatisfied with Zonal appeal order).
  • High Court Appeal: Only after exhausting departmental appeal remedies (Appellate Tribunal).

5.2 Timeline & Deposit

  • File Appeal Within 30 Days: From the date BBMP served its order on your objection.
  • Pay 50% Demand Deposit: You must deposit 50% of the disputed demand amount at the time of filing the appeal. Failure to deposit leads to the appeal being dismissed.

5.3 Documents Required for Appeal

Organize these for submission at the South Zone office (S. Kariyappa Road, Yediyur BBMP Complex, Jayanagar 7th Block, Bangalore): 

  • Copy of Demand Notice (Form II)
  • Copy of Objection Order (BBMP’s response to your objection)
  • Application for Appeal (Form V under BBMP Act)
  • Proof of 50% Deposit (challan/receipt from BBMP’s bank)
  • All Documents from Objection Stage (Khata, building plan, tax receipts, etc.)
  • Any Additional Evidence (e.g., professional valuation report, photos)

5.4 Filing the Appeal

  1. Visit BBMP South Zonal Office
    – Receive the “Appeal Form” (Form V) from Grievance Desk.
    – The office in Banashankari is located at the Yediyur BBMP Complex.
    – Office timings: Monday–Saturday, 9:30 AM–5:30 PM.
  2. Fill Appeal Form
    – Provide property details, objection reference number, reasons for appeal, and the relief sought (e.g., reduction of assessed tax to correct value).
  3. Attach Proof of Deposit
    – As per the High Court’s direction, deposit 50% only after BBMP issues a final order on objection. Attach BBMP’s treasury receipt.
  4. Serve Copies
    – Prepare three sets: one for BBMP’s Appeal Committee, one for your record, and one to serve to BBMP’s revenue officer.
  5. Submit in Person
    – Submit all sets with attachments to the desk.
    – Obtain a receipt with a docket number—this is crucial for tracking.
  6. Pay Applicable Fees
    – BBMP may charge a nominal appeal fee (usually around ₹100–₹200).

6. Documents Required for Both Objection and Appeal

Below is a consolidated list to keep handy:

  1. Demand Notice (Form II): Downloaded from BBMP portal.
  2. Khata Certificate: Reflects correct Ward (165/166/167/180) and property details.
  3. Tax Receipts: Previous year’s tax paid, challenge period.
  4. Building Plan / Site Plan: Approved by BBMP/BDA. Shows actual built-up area.
  5. Property Deeds: Sale deed, gift deed, or title deed.
  6. Encumbrance Certificate: To prove no mortgage-related disputes (if relevant).
  7. Objection Letter / Appeal Form: As described in Sections 4 & 5.
  8. Professional Valuation Report: If disputing BBMP’s built-up area or valuation.
  9. Photo ID & Address Proof: Aadhaar card, Passport, Voter ID.
  10. Proof of 50% Deposit (for appeal stage only).

Always keep original documents for verification; BBMP officials may request to see them.


7. How to Track Your Appeal Status

After filing, you can track your appeal’s progress:

  1. Online Tracking via Property Tax Portal
    – Log in to BBMP Property Tax Portal.
    – Navigate to “Grievance Status” and enter your acknowledgment or docket number.
    – You can see updates like “Objection Under Review,” “Appeal Scheduled,” or “Order Issued.”
  2. Offline Inquiry at Zonal Office
    – Visit BBMP South Zone Office with your docket number.
    – Ask at the Grievance Desk for status updates.
  3. Call BBMP Help Centre 180
    – Phone: 080 26767974 (9:30 AM–1:30 PM & 2:30 PM–7:00 PM, Monday–Saturday).
    – Email: helpcenter180bbmp@gmail.com

Keep a record of every communication—emails, receipts, and any internal orders from BBMP.


8. Tips to Strengthen Your Appeal

An appeal’s success often hinges on the quality of evidence and presentation. Consider these best practices:

  1. Get a Professional Valuation
    – Hire a certified valuer to measure built-up area accurately and determine the correct guidance value for your Banashankari property.
  2. Cross‑Verify BBMP Records
    – Check your property’s details on the BBMP portal: ward, built-up area, use category. Any mismatch is valid grounds for appeal.
  3. Gather Precedent Cases
    – Note recent High Court rulings (e.g., no 50% deposit at pre-appeal stage) and quoting them adds weight.
  4. Maintain Organized Files
    – Keep separate folders for each fiscal year’s demand notices, receipts, objection letters, and appeal documents. A neat file helps the appeal committee process your case faster.
  5. RWA Coordination
    – If multiple owners in Ganeshmandira or Banashankari Temple Ward face similar issues, coordinate via your Resident Welfare Association. Joint applications sometimes get faster attention.
  6. Follow Up Diligently
    – Mark calendar dates: 30-day deadline for objection, 30-day for appeal. Don’t miss any due date.
  7. Seek Legal Advice
    – If your demand is very high or involves a large commercial property, consider consulting a property tax lawyer experienced with BBMP appeals.

9. What to Expect After Submitting the Appeal

  1. Acknowledgment & Hearing Date
    – BBMP’s Appeal Committee will issue an acknowledgment and schedule a hearing (in person or virtual).
    – You or your authorized representative must attend; present your case with all documents.
  2. Site Inspection (if required)
    – Sometimes, BBMP’s officer may visit your Banashankari property to verify built-up area, land usage, and condition.
  3. Appeal Petition Review
    – The committee examines your objection order, appeal form, and supporting evidence.
    – They may seek clarifications in writing.
  4. Order Issuance
    – Within ~60 days (as per BBMP norms), the committee issues a written order:
    • Accepted: Demand revised; refund if you deposited more than recalculated dues, or adjust excess for next year.
    • Partially Accepted: Certain components (e.g., penalty) reduced, but principal tax maintained.
    • Rejected: Uphold BBMP’s demand in full.
  5. Further Appeals
    – If dissatisfied, you can escalate to the Karnataka Appellate Tribunal within 30 days of the order. If unsatisfied again, move to the High Court.

10. Recent Updates & Key Dates (2024–2025)

To ensure you’re up to date:

  • One-Time Settlement (OTS) Scheme (Until July 31, 2024)
    BBMP offered defaulters a scheme where penalty = amount of evaded tax (only 25% for non-RCC houses ≤1,000 sq.ft.), with exemptions for slums and underprivileged.
  • 5% Early Payment Rebate (Until July 31, 2024)
    Under Section 144(8), property owners who paid by April 30 originally got a 5% rebate, extended to July 31, 2024.
  • Penalty on Unpaid Taxes (From April 1, 2025)
    100% penalty on unpaid property tax after March 31, 2025; interest at 9–15%. Clear all dues before March 31, 2025, to avoid doubling your liability.
  • Amendment Act 2024
    Reduced maximum penalty to five years’ worth; interest waived beyond that. Exemptions: government housing, slum dwellings, and residences ≤1,000 sq.ft. for own use.
  • No 50% Deposit Before Objection
    Karnataka HC clarified that BBMP cannot mandate 50% deposit before considering objections; deposit only required when filing appeal.

Key Takeaway: If you receive your 2024–25 demand notice soon, either pay on time (by March 31, 2025) to avoid the 100% penalty, or file your objection within 30 days to avoid unnecessary charges.


11. Role of Banashankari Residents Welfare Associations (RWAs)

Banashankari’s RWAs—such as the Ganeshmandira RWA—play an influential role:

  1. Mass Grievance Representation
    • If several properties in Karisandra or Yediyur wards have incorrect BBMP records, RWAs can file collective objections.
  2. Spreading Awareness
    • Distribute circulars or WhatsApp alerts about objection deadlines, new rebate dates, or OTS schemes.
  3. Liaison with BBMP Officials
    • Regularly meet the Ward Revenue Officer (e.g., Jyothi Lakshmi H for Ganeshmandira, Yediyur, Karisandra, Yediyur wards) to get priority scheduling for hearings. bbmptax.karnataka.gov.in
  4. Legal Aid Support
    • Some RWAs pool money to hire a property tax consultant or lawyer for multiple homeowners, reducing individual costs.

Being an active member of your RWA can streamline your appeal process and lower collective property tax burdens.


12. FAQs: Quick Answers

  1. Can I file an appeal if I missed the 30-day period?
    • You can request an extension only if you can show “sufficient cause.” BBMP may or may not grant it. Always file within 30 days.
  2. Is online objection free?
    • Yes. However, if you choose to file a physical appeal and print documents, you’ll incur minimal costs.
  3. What if BBMP doesn’t respond to my objection within 30 days?
    • By law, BBMP should respond within 30 days of receiving an objection. If they don’t, you can proceed directly to file an appeal but still need to deposit 50% of the disputed amount.
  4. Do I need to pay current year tax while my appeal is pending?
    • Yes—always pay current year’s tax to avoid fresh penalties. Your appeal can only address past dues.
  5. Will filing an appeal stop BBMP from taking recovery action?
    • Filing an objection automatically stays recovery for that specific demand notice. But if you don’t file an appeal after objection is rejected, BBMP can resume recovery.

Conclusion

Appealing property tax in Banashankari may seem daunting at first, but understanding each step—from verifying your demand notice to filing an objection and, if necessary, a formal appeal—can significantly ease the process. Keep in mind:

  1. Act Quickly: 30-day deadlines are strict.
  2. Gather Strong Evidence: Accurate building plans, khata details, and any professional valuations.
  3. Follow Recent Rule Changes: Know that you do not have to deposit 50% at the objection stage; BBMP’s 2024 Act amendments can work in your favor.
  4. Leverage RWAs: Banashankari RWAs can guide you, share resources, and consolidate similar cases.

By following this guide and using the citations provided, you can present a well-documented appeal that maximizes your chances of reducing or reversing an incorrect property tax demand. Good luck!

Source :  Fulinspace.com

Leave a Reply