The Jammu and Kashmir High Court on Monday said that the statement of facts filed by the Transport Department has fallen short of indicating a provision under which it can reimpose the lifetime tax of vehicles already paid in a different state.
“Mr. Aman Ali, learned counsel appearing for the Transport Department has filed a statement of facts. The same is taken for the record,” the order read.
“However, the said statement of facts falls short of indicating a provision under which the Department can realize tax again on a motor vehicle on which a lifetime tax has already been paid in a different state.”
The court also directed the respondents Hirdesh Kumar (IAS) Commissioner Secretary to Government, Transport Department, D.C Raina, Advocate General and Hakeem Aman Ali, DAG, to file their response within a month.
The RTO Kashmir in April this year had ordered the people in the valley to re-register their vehicles bought from outside Jammu and Kashmir with nine per cent as fresh tax amount for the remaining life of the vehicle within fifteen days, failing which the enforcing agencies will act.
The Jammu and Kashmir High Court in the same month, however, quashed the circular after a Public Interest Litigation (PIL) was filed by advocate Zahoor Ahmad Bhat.
The Court had then passed a judgement that “a vehicle once registered in any state of India , shall not be required to be registered elsewhere.”
“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,” it had ordered.
Following the court’s quashing of the circular, The Jammu and Kashmir Transport department under signature of Commissioner secretary J-K Transport department Hirdesh Kumar had earlier this month issued another circular that was nearly similar to the quashed circular.