HC J&K directs authorities not to take 9% tax from owners who have already paid tax at time of registration from outside J&K

SRINAGAR: High Court of Jammu and Kashmir has directed Commissioner, Transport RTO not to take a 9% tax and to file from the owners of the vehicles who have already paid the tax at the time of registration from outside the UT.

Further, it has asked authorities to submit the response within three weeks failing which all the respondents shall appear in person. The petition was filed by Zahoor Ahmad Bhat through Advocate Altaf Mehraj and vice S. F. Qadiri, Senior Advocate.

The petition was heard by Justice Ali Mohammad Magrey, Judge and Justice Sanjay Dhar, Judge. Passing the judgement, the judges said, “The instant contempt petition has been filed alleging violation of the final order and judgment passed by this Court on 29.04.2021”.

It was further said, “The effect of the directions is that the respondents were directed to have compliance of Section 47 of the Motor Vehicles Act read with Rule 54 of the Central Motor Vehicles undertaken for assignment of new registration mark of the vehicles which were already registered outside the UT”.

“With further direction that respondents were to screen, scrutinize, verify, validity/genuineness of the documents of any vehicles entering in Union Territory of J&K from outside, having outside registration. learned counsel for the petitioner submits that the respondents are demanding 9% token tax from the owners of the vehicles, those have applied for assignment of new registration mark in the UT of J&K even though their vehicles are duly registered outside J&K and have already paid lifetime tax on those vehicles against the judgment and order”, the Judges said.

“The submission has prima facie substance. The respondents in terms of order dated 12.07.2021 were asked to file their response within one month, but till date, no response has been filed and the violation to the extent as indicated above is in continuation. In the above background, we have no option but to ask the respondents to adhere to the judgment in letter and spirit and there shall be no demand made of 9% token tax from the owners of the vehicles who have already paid the tax at the time of registration from outside the UT. Besides, the response shall be filed within three weeks failing which all the respondents shall appear in person”, the Judgement reads.