Lawfully yours: By Retd Justice K Chandru | Tax, unlike fee, is part of common burden, either bear it or challenge it
Tax is different from fee. It is levied as a part of a common burden and is not connected with the amenities provided to citizens.
Justice K Chandru
Tax, unlike fee, is part of common burden, either bear it or challenge it
The recent hike in property tax has shocked citizens who have been waiting for better services from Greater Chennai Corporation (GCC). The residents of Ward 28, Zone 3, Madhavaram, have been waiting for metro water connections and underground power cables for nearly a decade. Ninety-nine per cent of the residents of Ward 28 are prompt taxpayers, besides shelling out money on property, sewage, metro water, etc., but get nothing in return. Despite raising the property tax just over a year ago, the GCC has dealt another blow to citizens by increasing it again by another 6 per cent. While the GCC is focused on growing its kitty, no thought goes into utilising taxpayer money to improve amenities. Ward 28 has a DMK councillor and the Madhavaram constituency has a DMK MLA. But this is the condition. The story of Ward 28 will surely resonate with other wards under the GCC. Is there a provision in the law which allows authorities concerned to be questioned for their disservice and apathy?
— Ramani Krishna, Thapalpetti, Madhavaram
Tax is different from fee. It is levied as a part of a common burden and is not connected with the amenities provided to citizens. You may have heard of the famous slogan of the Boston Tea Party: "No taxation without representation". That was in the case of a colonial administration. But here you have an elected municipal council and an elected state government. Either you put up with the taxation or challenge it if you feel it is unreasonable.
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Bar Councils have no power to rationalise fee charged by lawyers
As a person affected by exorbitant fees charged by some advocates for filing an appeal in the Supreme Court, I would like to know whether there are any means to fix a framework for professional fees charged by lawyers. There seem to be no norms or regulations to control how much advocates charge. This leaves scope to unscrupulous elements fleecing gullible petitioners. I read that an Advocates (Amendment) Act, 2023, is coming into force on September 30 to root out touts from courts. Is there any mechanism to protect petitioners’ rights?
— S Manikandan, Chetpet
There is no ceiling on how much a lawyer can charge. The Bar Councils have no power to rationalise the fee charged. It is the same story all over the world. Legal aid services authority to some extent help the poor who approach the court. Otherwise, you pay according to your capacity and avail of the services of a lawyer who fits your bill. About banning touts, it was done a century ago. What we see today, instead of touts, are young lawyers deployed by many seniors to do the same work.
