IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
V. SUJATHA, J.
Metso Outotec India Private Limited – Appellant
Versus
State of Andhra Pradesh – Respondent
Writ Petition Nos.20308 and 19889 of 2018
Decided On : 08-05-2023
Constitution of India, 1950 - Article 226, 19 (1) (g) and 300 A - Motor Vehicles Act, 1988 – Section 207(1), 2(28) - A.P. Motor Vehicles Taxation Act, 1963 - Section 10, (1), 3 (2) - Challan – Permit vehicle to travel - Quash impugned challan and thereby vehicle may be permitted to travel bearing “Portable Plant/equipment” being mounted for transporting to customer site and pass – Held, Portable crushing plant has not been installed/erected at customer’s site and hence, portable crushing plant cannot be considered as a vehicle, according to Section 2(28) of Motor Vehicles Act, 1988 - But, while it is being transported to its destination, has been considered as vehicle and got issued challan which is unjust and bad in law - Respondents are directed to issue a show cause notice to petitioner calling for his explanation, whether instrument that has been mounted on vehicle can be treated as vehicle or not - Writ petitions are allowed.
ORDER :
As the issue involved in both these cases is one and the same, these writ petitions are decided by way of a common order.
(a). W.P. NO. 20308 of 2018:
The present writ petition came to be filed under Article 226 of the Constitution of India seeking the following relief:
(b). W.P. NO. 19889 of 2018:
The present writ petition came to be filed under Article 226 of the Constitution of India seeking the following relief:
2. The petitioner is a private company limited incorporated under the provisions of the Companies Act, 1956 and is a leading industrial company offering portable equipment and services in the field of mining and construction and is into the manufacturing of Portable Crushing Plant-Metso NW220GPDTM is built around Nordbe rg ® GP220TM cone crusher combined with the big 10 m2 (12 yd2) four-deck dual-slope screen into the same advanced chassis bringing 20% more crushing and screening performance compared with conventional solutions in the same size class and innovations such as hydraulically fine-adjustable support legs and screen lifting make installation quick and easy. Metso NW220GPD is delivered with IC50CTM unit automation and also readiness for CE marking and wide voltage range 230/400-460V 50/60Hz.
3. While the matter being so, on 30.03.2018, a purchase order was placed by one Ramalingam Construction Company (P) Ltd for supply of 1 No. of 250T PH Three Stage and 1 No. of 250 TPH Two Stage Crushing and Screening NW Plants, for which a Performa invoice was issued by the M/s. Ramalingam Construction Company (P) Ltd., on 09.05.2018. Thereafter, the portable plant equipments dispatch notes dated 26.05.2018 is issued by the petitioner for the dispatch of NW106 portable plant and it is to be delivered to the customer’s site located at Ponnivadi Village, Dharapuram, Tamil Nadu from the petitioner’s plant at Alwar.
4. The E-Way Bill was generated by the petitioner for the dispatch of the equipment under the dispatch notes 741012407482 for equipment NW106 Portable Plant. Thereafter, the equipments were mounted and transported by M/s. Premier Road Carriers Ltd., on 26.05.2018 vide vehicle number RJ05GB5482. The said above equipment while in transit for their delivery at the customer’s site by transport vehicle was intercepted at Palamaner Check-Post, Chittoor District, Andhra Pradesh during its inter-state movement passing through Respondent State of Andhra Pradesh.
5. The 5th respondent verified the documents of the transporting vehicles and later the equipment documents, under the impression that the vehicle on which the equipment was mounted and is bei
Heavy Earth Moving Machinery, intended for off-road use only, do not qualify as 'motor vehicles' under the Motor Vehicles Act and are not subject to taxation, as confirmed by expert certifications.
Heavy earth-moving equipment qualifies as 'motor vehicles' under Section 2(28) of the Motor Vehicles Act, requiring registration and taxation irrespective of their use within enclosed premises.
The court ruled that under the amended Tamil Nadu Motor Vehicle Taxation Act, new construction equipment vehicles must pay lifetime tax rather than having the option for annual tax.
State legislation can impose taxation on vehicles registered in other states if they exceed permissible stay, without conflicting with central laws.
Tax should be levied on the cost of the motor vehicle as per the Andhra Pradesh Motor Vehicles Taxation Act, 1963, and in compliance with constitutional provisions.
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