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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
VINIT KUMAR MATHUR, ANUROOP SINGHI
Khuman Singh S/o Smrith Singh – Appellant
Versus
State of Rajasthan – Respondent
ORDER :
D.B. Civil Writ Petition No. 11535/2023 :
1. The present writ petition raises a challenge to the amendment made by Transport Department, Government of Rajasthan by Notification dated 24.02.2021, whereby, a new category at S.No.7(a)(iii) has been inserted in the existing Notification dated 10.07.2019. Challenge has further been made to the notice issued by the respondents in Form M.T.R. dated 24.03.2023 and demand notice issued in Form M.T.Q. dated 21.06.2023. A further declaration has been sought to the effect that the petitioner be assessed and taxed as per S.No.7(a)(ii) of Notification dated 10.07.2019 read with notification dated24.02.2021 and be granted exemption thereunder.
2. Brief facts of present writ petition relevant for consideration of the above challenge are that the petitioner is the registered owner of a motor vehicle bearing Registration No. RJ-24 PA 4016, registered on 15.06.2017 as a ‘Bus’ with body type ‘Sleeper’, and operating under a valid contract carriage permit for plying vehicle exclusively within the Revenue Divisional Limits. Vide Notification dated 10.07.2019 issued under the RAJASTHAN MOTOR VEHICLES TAXATION ACT , 1951, motor vehicle tax was pres
The State Government is authorized to categorize motor vehicles for tax purposes based on body types without violating statutory provisions.
The administrative classification of transport routes does not necessitate notice to permit holders, as it does not alter the conditions of the permit.
The tax imposed under Section 3A(3) of the 1972 Act is regulatory in character and is not a penalty.
Subordinate legislation cannot impose taxes unless explicitly authorized by the parent statute, reaffirming the supremacy of plenary legislation.
The Central Government can prescribe principles for vehicle taxation but lacks authority to set tax rates, which are within State jurisdiction.
The Central Government can prescribe principles for motor vehicle taxation, but the actual rates are within the exclusive domain of the States under the MV Act.
Burden of proving applicability would be on assessee to show that his case comes within parameters of exemption clause or exemption notification.
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.
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