AARIWS is now registered
The Atashbehrams, Agiaries and Religious Institutions Welfare Society (AARIWS), initially formed to protest the proposed municipal hike in property taxes and see to the well-being of the houses of worship, has now been registered with the Registrar of Societies of the Greater Bombay Region and a Permanent Account Number (PAN) obtained. Bomi Hansotia, AARIWS secretary informed members about this development at a meeting on July 31, 2015 at the boardroom of the Bombay Parsi Punchayet (BPP).
AARIWS put up a united front to protest against a Bombay Municipal Corporation (BMC) order whereby property tax rates were drastically hiked. Until 2010, charitable organizations including fire temples paid taxes on the rateable value of a building (based on reasonable rents it could expect to receive), but as per the new BMC order they are expected to pay on the capital value of the property (the market value of the property, were it to be sold) and the rates could increase by as much as 300%. Senior counsel Rafique Dada had represented the Society in the Bombay High Court and won some reprieve for its members who were challenging the new tax (See "Capital concession,” Parsiana, July 21, 2014 and "Relief for the religion,” October 21, 2013).
Providing clarity on how the amount payable by each trust is to be calculated and paid, BPP chairman Dinshaw Mehta stated that as per the order of February 24, 2014 by Justices Mohit Shah and M. S. Sanklecha, each member of AARIWS should pay taxes at the pre-amended rate. Each member is also required to pay additional tax at the rate of 50% of the differential between the tax payable under the old rate and now payable on the basis of capital value of the property. In response to a question from a member present, Mehta reiterated that the interim order is indeed binding on the BMC.
"It is important that every religious institution that is affected by BMC’s new methodology of calculating the taxes should become a member of AARIWS,” Mehta stressed.
Hansotia mentioned that so far only 10 members/potential members had paid the recommended Rs 20,000 towards Dada’s fees. He revealed that the senior counsel’s fees of approximately Rs 5,00,000 and out of pocket expenses for Mulla and Mulla and Craigie Blunt and Caroe amounting to about Rs 42,000 were the major upcoming expenses.
He informed the members present that a one-time membership application fee of Rs 5,000 per institution had been proposed, with an annual fee of Rs 2,000 thereafter. The first cheque for membership and annual fees was received from the representative of the Seth Bomanji Merwanji Mevawala Agiary Trust at the meeting itself!
Counsel Homiar Vakil of Mulla and Mulla and Craigie Blunt and Caroe told the members present that the next hearing of the case was scheduled for August 25, 2015.
Those attending the meeting were AARIWS secretary Bomi Hansotia (representing Karani Agiary), Eruch Hodiwalla (Salsette Agiary), H. H. Santoke (Behramshah Shroff Daremeher), Aspi Mehta (Mevawalla Agiary), Darayesh Katrak (Dadysett Charity Trust), Tehemton Karva and Freddy Tukina (M. J. Wadia Fire Temple Trust), Rustom Balsara (N. C. Narielwala Agiary), Aramaiti Vachha (Sorabji Thoothi Agiary) and Hoshi Khajotia (D. E. Mithaiwalla Agiary). Also present were BPP chairman Dinshaw Mehta who represented Shapurji Fakirji Jokhi Agiary, BPP trustee Khojeste Mistree and BPP senior executive Aspi Sarkari.
The members decided to meet at least at quarterly intervals and reconvene in August to obtain an update on the August 25 hearing.
