Section 417 — Recovery through State Government. Successor to s.227 of the 1961 Act.
Section 417 is in Chapter XIX — Collection and Recovery of Tax, which runs from section 390 to section 430.
The section applies where the recovery of tax in any area has been entrusted to a State Government under article 258(1) of the Constitution. In that case the State Government may direct, for that area or any part of it, that tax shall be recovered there with, and as an addition to, any municipal tax or local rate, by the same person and in the same manner as the municipal tax or local rate is recovered.
Where the Union has entrusted collection to a State, it is cheaper to attach the tax to a collection machinery that already reaches every household in the area than to build a parallel one. The section lets the State ride on the existing municipal tax or local rate, using the same collector and the same method.
Two conditions precede anything happening under this section: an entrustment to the State Government under article 258(1) of the Constitution, and a direction by that State Government. The direction may cover the whole entrusted area or only part of it. What the section changes is the mode of recovery — the same person and the same manner as for the municipal tax or local rate — and not the liability itself, which continues to arise under the Act.
A taxpayer in such an area meets it as tax appearing as an addition to the municipal tax or local rate demand, collected by the same person who collects that rate, rather than through the ordinary recovery machinery of the Department.
tax shall be recovered therein with, and as an addition to, any municipal tax or local rate, by the same person and in the same manner as the municipal tax or local rate is recovered
See the full 1961 to 2025 concordance.