Jai Prakash Vs. State of U.P.
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Head Note
Motor Vehicles Act,1988 - Section 2 (35)
Vehicles Taxation - U.P. Motor Vehicles Taxation Act, 1997 - Sections 2(n)(o) and 4(1) & (2) - Meaning of expression "Public Service Vehicle " is the same as given in Section 2 (35) of Motor Vehicles Act, 1988.
Motor Vehicles Act,1988 - Vehicles Taxation
Vehicles Taxation - U.P. Motor Vehicles Taxation Act, 1997 - Section 6(1) proviso - Constitution of India, 1950, Article 14 - State Government's power to fix rates of tax under the proviso is not arbitrary.
Motor Vehicles Act,1988 - Vehicles Taxation
Vehicles Taxation - U.P. Motor Vehicles Taxation Act, 1997 - Sections 4 and 6 - Constitution of India, 1950 - Schedule VII, List II, Articles 57 and 56 - Levy of tax on motor vehicles stipulated by said provisions - Enactment of relevant legislative entry by State Legislature - Whether referable to Entry 57 of List II of Schedule 7 to Constitution or Entry 56 of the same - Held - Referable to Entry 57 - Thus within the legislative competence of State Legislature - To support the argument to the contrary the legislative history of the provision cannot be relied upon since the same was not ambiguous - Even statement of objects and reasons did not suggest otherwise - Officer of State had made a statement in counter affidavit admitting the Act to be referable to Entry 56 which would not render the Act so.
Motor Vehicles Act,1988 - Vehicles Taxation
Vehicles Taxation - U.P. Motor Vehicles Taxation Act, 1997 - Sections 4, 6 and 12 - U.P. Motor Vehicles Taxation Rules, 1998 - Rule 22 - Nature of tax and additional tax under Sections 4 and 6 are compensatory.
Topic(s)-Vehicles Taxation