Law taxing out-of-State vehicles unconstitutional: Karnataka High Court

Bangaluru: Yesterday, i.e. on Thursday, 10th March, the honourable Karnataka High Court had declared the law which was compelling the non- Karnataka private vehicles to pay the lifetime tax, as “unconstitutional”.

The concerned Law was newly enacted and it was requiring the owners of the registered private vehicles from out of Karnataka State, to pay lifetime tax if they use such vehicles in the Karnataka beyond 30 days.

Now, the decision is taken by the High Court of Karnataka’s concerned bench comprising of Justice Anand Byrareddy in connection with the Petitions which were filed before it by One- Jagadev Biradar of Pune (Maharashtra) and others from the neighbouring States.

In the petitions, petitioners were mainly questioning the actions of the State transport authorities in impounding their vehicles and demanding the payment of lifetime tax as per the new Legislation which was enacted in the year, 2014. Now, in the effect of the present order, the Non- Karnataka registered vehicles can now be used in the State of Karnataka for Twelve months period, even without paying any lifetime tax in Karnataka, however, such vehicles will have to be re- registered in the State of Karnataka along with the requisite lifetime tax if such vehicles are used beyond the period of such Twelve Months.

It was seen that concerned law which now the Court has declared unconstitutional was brought with the Amending under  the Karnataka Motor Vehicles Taxation Act, 1957 by placing an Explanation- 2 to the Section 3 of that Act by the Amending Act of 2014.

Moreover, the High Court has now declared this law as unconstitutional and “ultra virus”. And also the Court has quashed the notices which were issued to the petitioners from the Regional Transport Offices, where the petitioners were asked to pay such lifetime tax on the plea that their vehicles registration were from the other state and not in Karnataka.

Now, there may be relief to the owners of the non- Karnataka registered vehicles to run their vehicle freely in the State of Karnataka till the period of Twelve Month.

Source: lawyerslaw.org (Our Media Partner)

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