Delhi HC Issues Notice In DHCBA's Plea Challenging Classification Of Lawyers' Office As 'Commercial Property' For Assessment Of Property Tax

The Division Bench of Justice DN Patel and Justice Prateek Jalan has issued notices to all the municipal corporations in Delhi.

Filed by DHCBA through its President Senior Advocate Mohit Mathur, the present is filed challenging the assessment order passed by the South Delhi Municipal Corporation on 29/11/18, and any notice issued thereafter, asking for self-assessment of property tax returns on lawyers' offices under sections 123A and 123B of the DMC Act.

It is argued that the premises of the DHCBA is used for assisting the courts in dispensation of justice, therefore, calling the usage of such premises by advocates as 'commercial activity' has far reaching consequences.

Various judgments of the Supreme Court are cited in the petition to contend that the premises of lawyers are used for professional activities and not for business activities. Therefore, non-residential rates shall not apply for the premises used by the advocates.