Which one of the following taxes is outside the jurisdiction of Municipal…

2015

Which one of the following taxes is outside the jurisdiction of Municipal Corporation?

  1. A.

    Property tax

  2. B.

    Water tax

  3. C.

    Tax on Hawker

  4. D.

    Income tax

Show answer & explanation

Correct answer: D

Concept: Under Article 246 read with the Seventh Schedule of the Constitution, taxation powers are divided among the Union List, the State List, and the Concurrent List. A Municipal Corporation has no independent constitutional taxing power of its own — it may levy only those taxes that the State Legislature specifically authorises through Article 243X (inserted by the 74th Constitutional Amendment Act, 1992) and the corresponding State Municipal Corporation Act.

Application: Property tax, water tax, and taxes on hawkers/vendors are all typical examples of such State-authorised municipal taxes, so Municipal Corporations can and do levy them. Income tax, by contrast, falls under Entry 82 of the Union List ("Taxes on income other than agricultural income") — only Parliament can legislate on it, and only the Central Government's Income Tax Department administers and collects it, so no Municipal Corporation Act can bring it within a Corporation's taxing power.

Distinguishing the options:

  • Property tax — a State-authorised local tax on land and buildings, within a Corporation's jurisdiction.

  • Water tax — a State-authorised local tax on municipal water supply, within a Corporation's jurisdiction.

  • Tax on Hawker — a State-authorised local licence/vending tax, within a Corporation's jurisdiction.

  • Income tax — a Union List subject under Entry 82, administered solely by the Central Government, so it lies outside a Municipal Corporation's jurisdiction.

Cross-check: Under Article 246(1), only Parliament can make laws on Union List matters such as income tax; no State law or municipal by-law can create or administer it. This confirms that income tax is the one tax, among the four given, that is outside the jurisdiction of a Municipal Corporation.

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