3 months ago
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24th August 2024, 11:36
BHPian
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Interstate transportation of vehicles - Repayment of taxes struck down by J&K High Court.
"The High Court of Jammu and Kashmir and Ladakh precocious clarified definite ineligible issues that originate erstwhile a conveyance registered successful 1 State oregon Union Territory (UT) of India is transferred to different portion of the state [Ishfaq Ahmad Tramboo v. UT of J&K and Others].
Justice Javed Iqbal Wani noted that a centrifugal conveyance mostly has to beryllium registered lone erstwhile upon the outgo of a interest prescribed by the Central Government. Such registration is valid passim India.
"A centrifugal conveyance has to beryllium registered erstwhile upon outgo of interest prescribed by the Central authorities and specified registration shall beryllium valid passim India and a conveyance erstwhile registered is not required to beryllium registered elsewhere successful India," the Court said.
However, if the conveyance is taken to different State oregon UT (other than wherever it was registered) and it is plied determination for a play exceeding 12 months, it would person to beryllium assigned a caller registration people that is circumstantial to that State oregon UT.
In specified a scenario, the acrophobic authorization of the State/ UT (where the conveyance is transferred to) has to put for the transportation of the vehicle's registration from the records of the registering authorization wherever the conveyance is initially/originally registered.
In immoderate case, the conveyance proprietor cannot beryllium asked to wage a token taxation oregon a roadworthy usage taxation again, simply due to the fact that s/he wishes to usage the conveyance successful different State oregon UT.
"The Motor Vehicles Act, 1988 obscurity provides for re-registration of a conveyance and outgo of interest upon specified re-registration," the Court observed, successful this regard."
If ultimate Court does not yet reverse the ruling, this is large big news. High Court of J&K noted that a centrifugal conveyance mostly has to beryllium registered lone erstwhile upon the outgo of a interest prescribed by the Central Government. Such registration is valid passim India.
In lawsuit Re registration is to beryllium done (For eg, successful lawsuit of the 1-year rule), authorities themselves should marque arrangements to get it done. In immoderate case, "Mango People" request not ammunition retired much money. MVD boys are not gonna similar this, Outstation vehicles are determination "chakna" providers.
