NO demand of 9% token tax from the owners of the vehicles who have already paid the tax at the time of registration outside the UT: DB
JKUT (Jammu), November-10-2021-( JNF):- A Division Bench of Jammu & Kashmir High Court Comprising Justice Ali Mohammad Magrey and Justice Sanjay Dhar while taking serious note on demanding of 9% token tax from the owners of vehicles who have already paid at the time registration outside the Jammu & Kashmir UT, directed 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 outside the UT. Besides, a response shall be filed within three weeks failing which all the respondents shall appear in person.
This significant order has been passed by Division Bench The instant while hearing contempt petition which has been filed alleging violation of the final order and judgment passed by this Court on 29.04.2021. In terms whereof, the Court while allowing the writ petition passed certain directions which for ready reference are extracted below: By a writ of certiorari, the impugned Circular to the extent of asking the petitioners to have their vehicles registered for assignment of new registration mark with the respondent N0. 3, without their declaration in tune with the mandate of Rule 54 of the Central Motor Vehicles Rules, 1989 and without providing any mechanism, is quashed.
The respondents are directed to have the compliance of Section 47 of the Act, read with Rule 54 of the Central Motor Vehicles undertaken for assignment of new registration mark of the vehicles.
DB observed that notwithstanding above directions, we leave it open for the respondents to screen, scrutinize, verify, validity/genuineness of documents of any vehicles entering in Union Territory of J&K from outside, having outside registration. 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 marks 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 life time tax on those vehicles against the judgment and order. 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 outside the UT. Besides, a response shall be filed within three weeks failing which all the respondents shall appear in person. JNF
