Road taxation for a transferred vehicle to other state
Kalyan Ghosh
(Querist) 15 September 2015
This query is : Resolved
I have a car at Hyderabad. for which life time tax has been paid.Now I want to transfer the car to Kolkata without change of owner,only address change to a new state will be done.I have gathered from Kolkata that Fresh Road Tax as applicable in Kolkata will have to be paid.
My Questions
1)Whether for a life time tax paid case fresh road tax can be charged in the new state.
2)If road tax is paid afresh refund of due admissible amount. can be claimed from original state ie Hyderabad.
3)Is there any clear guideline in this regard from Motor Vehicles Act,1988 or Central Motor Vehicle Rules.
Kindly guide.With thanks.
shivam......
(Expert) 17 September 2015
The registration of vehicles and assessment, levy and collection of taxes and
additional taxes, penalty, fees and fines thereon are governed under the
provisions of the Motor Vehicle (MV) Act, 1988, West Bengal Motor Vehicle
Tax (WBMVT) Act, 1979 and West Bengal Additional Tax and One Time
Tax on Motor Vehicles (WBATOTT) Act, 1989 and the Rules made
thereunder and various notifications issued from time to time shall be applicable. you can not claim the amount from Hyderabad as one time tax was recovered from you as per their state Act
Kalyan Ghosh
(Querist) 17 September 2015
I am referring to
1)http://www.lawyersclubindia.com/experts/MOTOR-VEHICLE-REGISTRATION-ACT-32741.asp#VfdwDPITLIU
and 2)http://www.lawyersclubindia.com/experts/MOTOR-VEHICLE-REGISTRATION-ACT-297421.asp#VfdwDPITLIU
However the remarks given are some 3/6 years back where the experts have advised againr double taxation.Comments are as the following
a)Apply for N.O.C from RTA Muzzafarnagar for which you have to pay a reasonable fee. Thereafter deposit the same NOC with RTA of the Place where you have transferred. New RTA would charge reasonable administrative fee for a-fresh registration but in no case you are required to pay registration tax second time.
b)i dont find any reasons for multiple taxation on u.
c)there is no question of double taxation , if you have retained your tax reciept produce it before AP RTA, fill the form for transfer registration and extra amount for number change if you desired
SOME HOWEVER ADVISED TO FOLLOW STATE RULES AND PAY TAXES.BUT IF A PERSION IS TRANSFERRED FREQUENTLY HOW MANY TIMES HE WILL PAY LIFE TAX.Refer to
http://www.bangaloremirror.com/bangalore/others/Car-registered-out-of-state-Breathe-easy-for-now/articleshow/46015310.cms in which Karnataka High Court observed
The Court said that the payment of lifetime tax in whatever state the vehicle was in for more than 30 days would cause hardship and inconvenience to the public at large, as it went against the freedom of movement and was against the spirit of the constitution's provisions and federal principles.
Once the lifetime tax is collected in any part of the country it held good throughout the territory of India.
The court observed, "Once the tax is paid in a particular place, it shall be treated as sufficient for the purpose of plying the vehicle throughout the country."
The High Court has directed to the petitioner to make the Central government a respondent party in the case.
As a matter of fact under the umbrella of Motor vehicles Act can States prescribe rules that are contradictory to the mother law.
The forum may may kindly give opinion
