[batman]

Originally Posted by anoop.nair

When I was at Mahabaleshwar(MH) & quite recently while in Mahabalipuram(TN), I was asked to pay some amount as tax by municipal authorities terming passenger tax. I'd like to refrain mentioning the state of affairs in these places in spite of taxation. I have heard similar unverified accounts from other tourist spots as well. Now, if i compare this to welfare or development, can I impose tax to anyone entering my residential colony on the same lines?

I would like to know if this is legal especially when the constitution of India says this

You can find information about this entry tax for vehicles to Mahabalipuram that was being collected for more than 35 years, in the below link.

http://timesofindia.indiatimes.com/c...w/48062579.cms

After this issue was taken to the court, the Government passed some orders, legalising this entry tax!

http://indiankanoon.org/doc/143946501/

[anoop.nair]

Originally Posted by batman

After this issue was taken to the court, the Government passed some orders, legalising this entry tax!

http://indiankanoon.org/doc/143946501/

Thanks a lot batman for pulling this out.

This is the crux of the judgement - "...and it is conceded, as a consequence thereof, that the present petition does not survive, though learned counsel for the petitioner states that the petitioner may take independent proceedings to assail the said G.O., for which liberty may be granted". Oh I hate this official way of saying the case is dismissed.

If I read this correctly then the court is asking to take it to the concerned GO's (Goverment Offices) and roll the stone again. How blunt is that?

Can this be reasoned better please. I fail to understand how can a municipal/corporation/state authority become rightfully anti-national by disallowing its citizens the right to enter?

[alpha1]

Originally Posted by anoop.nair

Can this be reasoned better please. I fail to understand how can a municipal/corporation/state authority become rightfully anti-national by disallowing its citizens the right to enter?

Where is it disallowing the citizens to enter?
If you go walking, or travel in a public transport vehicle - no one has the right to stop you from entering the designated area.
THIS IS WHAT THE CONSTITUTION MEANT.

If you travel with your vehicle, the concerned authorities have all the right to charge a tax under the guise of pollution or entry tax etc. They are not stopping YOUR entry.

If you want to test the law and legality, try walking into these hill stations. No one can stop you - and thus the constitutional rights are upheld.


The way I see it is this:
The indigenous population of such places is quite less and therefore the tax collections are also pretty meager.
However, constant influx of tourists who have no accountability (since they don't live their) and do not pay the regular municipal taxes pose a burden to the existing govt and infrastructure machinery. This "pollution tax" is a means of making a revenue so that the upkeep can be maintained.

[anoop.nair]

Originally Posted by alpha1

Where is it disallowing the citizens to enter?
If you go walking, or travel in a public transport vehicle - no one has the right to stop you from entering the designated area.
THIS IS WHAT THE CONSTITUTION MEANT.

If you travel with your vehicle, the concerned authorities have all the right to charge a tax under the guise of pollution or entry tax etc. They are not stopping YOUR entry.

OK, No problems if it is an eco-sensitive area & the collection is for the anti pollution efforts. A green thumps up to it.

1. Have you tried this alpha1? At least when I was in Mahabaleshwar, they were charging not for the vehicle but for each passenger. The toll naka says passenger tax toll booth and its accounted to your entering the post. Other's who experienced this please validate my claim.

2. Even if we assume that it is for the vehicle; will you be happy just in case I wish to do the same in my area of living? Now that this is a new revenue model that authorities can adopt & the trend is set, collection is only prone to increase. Please let me know whether you will be happily paying to all such authorities wherever you visit in India, if this is henceforth allowed in disguise of pollution or entry tax?

[alpha1]

Originally Posted by anoop.nair

OK, No problems if it is an eco-sensitive area & the collection is for the anti pollution efforts. A green thumps up to it.

My point is that why should a prefixed stamp of "ECO-" be attached to justify the tax. It is their town, it is their area, they are free to raise money via taxation.

1. Have you tried this alpha1? At least when I was in Mahabaleshwar, they were charging not for the vehicle but for each passenger. The toll naka says passenger tax toll booth and its accounted to your entering the post. Other's who experienced this please validate my claim.

They may be charging the tax per passenger but it is meant only for the vehicle entry. As I said, do they charge the same if you travel in the State transport roadways bus?

If they do, then perhaps we can make a case in the court. But even then it is perhaps since they are not really stopping anyone's entry.

2. Even if we assume that it is for the vehicle; will you be happy just in case I wish to do the same in my area of living?

Why should I have any problem?
We pay entry fees to enter historical places.
We pay entry tax to shift goods from one state to another.
We pay octroi to bring in goods in certain cities.
We pay toll taxes to enter certain roadways.

As long as they are not stopping me from entering ...


I still can't comprehend why would you be opposed to such taxation?

[anoop.nair]

Originally Posted by alpha1

My point is that why should a prefixed stamp of "ECO-" be attached to justify the tax. It is their town, it is their area, they are free to raise money via taxation.


They may be charging the tax per passenger but it is meant only for the vehicle entry. As I said, do they charge the same if you travel in the State transport roadways bus?

If they do, then perhaps we can make a case in the court. But even then it is perhaps since they are not really stopping anyone's entry.


Why should I have any problem?
We pay entry fees to enter historical places.
We pay entry tax to shift goods from one state to another.
We pay octroi to bring in goods in certain cities.
We pay toll taxes to enter certain roadways.

As long as they are not stopping me from entering ...


I still can't comprehend why would you be opposed to such taxation?

Good that you partially agree. My friend, I am against any such taxation especially because as a salaried citizen of this country I represent only ~5% of the tax paying population. As you said in spite of the TDS, I'm paying tax everywhere as service, VAT, pollution ... To add to that levying entry tax is simply disturbing to at least some like me.

[1985Darkkid85]

Has Maharashtra government authorized the collection of extra charges called panchayat tax at Panchagani and Mahabaleshwar hill stations of Satara? It's such a hefty charge for INR 250 total, why do we have to pay when roads are in such a bad state and of low quality?

Is there a circular or order no. or tender no. using which these charges are being collected? I have never heard of these charges and neither was there any information regarding this from the MH government.

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