Excelsior Correspondent
JAMMU, Nov 10: Division Bench of High Court comprising Justice Ali Mohammad Magrey and Justice Sanjay Dhar, while taking serious note of demanding of 9% token tax from the owners of vehicles who have already paid at the time of registration outside the Jammu & Kashmir UT, has directed respondents to adhere to the judgment in letter and spirit.
“There shall be no demand made of 9% token tax from the owners of the vehicles who have already paid the tax at the time of registration outside the UT. Besides, a response shall be filed within three weeks failing which all the respondents shall appear in person”, the DB directed.
This significant order has been passed by Division Bench while hearing contempt petition which has been filed alleging violation of the final order and judgment passed on 29.04.2021 in terms whereof, the court while allowing the writ petition passed certain directions.
The court had quashed the impugned circular to the extent of asking the petitioners to have their vehicles registered for assignment of new registration mark with the respondent without their declaration in tune with the mandate of Rule 54 of the Central Motor Vehicles Rules, 1989 and without providing any mechanism.
The respondents were under direction to have the compliance of Section 47 of the Act, read with Rule 54 of the Central Motor Vehicles undertaken for assignment of new registration mark of the vehicles.
DB observed, “notwithstanding these directions, we leave it open for the respondents to screen, scrutinize, verify, validity/genuineness of documents of any vehicles entering in Union Territory of J&K from outside, having outside registration. The effect of the directions is that the respondents were directed to have compliance of Section 47 of the Motor Vehicles Act read with Rule 54 of the Central Motor Vehicles undertaken for assignment of new registration marks of the vehicles which were already registered outside the UT”.
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