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| DB grants govt 4 weeks to file affidavit in contempt plea of vehicle owner | | | Early Times Report
SRINAGAR, Apr 22: DB grants four weeks time to the government to file an affidavit in a contempt petition regarding a circular issued by the transport department for re-registration of non-J&K vehicles.
A Division Bench of Jammu & Kashmir and Ladakh High Court Srinagar Wing Comprising Justice Ali Mohammad Magrey and Justice Puneet Gupta passed the direction after noting that the Transport Commissioner has filed a statement of facts but has failed to file an affidavit despite court directions.
Previously, the Transport Department submitted a compliance report filed by the Transport Commissioner in a contempt petition informing the court that any resident of J&K has to re-register the vehicle if the same is registered outside J&K.
The Transport Commissioner in a report submitted that if a resident of J&K purchases an old vehicle from outside and wants to become its legitimate owner then as per Section 50 of the Motor Vehicle Act he has to apply afresh for new registration of the vehicle in J&K. He further submitted that such a person is also liable to pay token tax in terms of Section 47 of Motor Vehicle Act. "However, the token tax on the vehicle is a State/UT tax, in every State/UT and there is no provision of refund of excess token tax or the provision of refund in case the registered vehicle is not plied or sold outside the State/UT to the owner of such vehicle," the report stated.Regarding refund of token tax, it informed the court that this applies to purchase of fresh vehicles. "First owner of the vehicle who purchased the new vehicle from the showroom and paid one time token tax in any State/UT and after five years sells the said vehicle, then he can claim the token tax of remaining ten years from the concerned registering authority throughout India and such provision of refund of token tax is also available in J&K", the report said.
Court was further informed that if an owner has residential proof of another State or UT and purchased the vehicle from that State or UT and registered his vehicle there and moves to J&K then such person is not required to re-register the said vehicle and get assigned the new registration mark in J&K. The owner is also not under obligation to pay the token tax on such a vehicle.
The court was hearing a contempt plea filed by Zahoor Ahmad Bhat through advocate Syed Faisal Qadri seeking directions against the contemnors for not implementing the judgment passed by the court on April 29, 2021.
Earlier, on April 29, this year, the court had quashed a circular issued by Regional Transport Officer (RTO) for re-registration of vehicles purchased outside J&K and had directed that a vehicle once registered in any state of India, shall not be required to be registered elsewhere in India.
"However, a motor vehicle registered in one state and, if kept for a period exceeding 12 months in another state, shall apply to the registering authority of the new state for the assignment of the new registration mark," the court had held in a judgment. The court had further ruled that where the life time tax has been levied and paid on a motor vehicle at the point of the registration of a vehicle, no further tax can be levied and demanded on the said vehicle, on it being moved from one state to another.
—JNF |
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