SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

2015 Supreme(Ker) 1376

K.HARILAL, T.B.RADHAKRISHNAN
Nagendra Mani N. – Appellant
Versus
State of Kerala – Respondent


Advocate Appeared:
For the Appellant : M.V. Thamban, R. Reji, Thara Thamban, B. Bipin and Arun Bose
For the Respondent:Sebastian Champappilly, Special Government Pleader, Advocates

JUDGMENT :

K. Harilal, J.

The question, which had been considered by the learned single Judge, in a batch of cases, including all the writ petitions, from which these writ appeals arose was, whether the petitioners herein, who satisfied the 'One-time Tax' under the Kerala Motor Vehicles Taxation Act (hereinafter referred to as the 'MVT Act') at the prescribed rate, on the purchase value computed as inclusive of the VAT element as well, as part of it, are entitled to have refund of the alleged excess payment, in view of the law declared by the Division Bench of this Court as per the decision reported in Fathima Shirin Vs. Joint Regional Transport Officer, (2013) 4 ILR (Ker) 92 : (2013) 3 KHC 714 : (2013) 3 KLT 945 : (2014) 70 VST 248, holding that the term 'purchase value' defined under Section 2(e) of the MVT Act means only the invoice price of the vehicle, which does not include Value Added Tax paid or payable.

2. This question had been mooted from the identical facts and the same reliefs sought for, in all the writ petitions. The common facts, necessary for the determination of these writ appeals, are encapsulated below:

All the appellants are the purchasers of luxury cars of differe













Click Here to Read the rest of this document

1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top