Allowed

M/S Kiran Projects (P) Ltd., Cuttack v. R.T.O.,Cuttack

Orissa HC27 Jun 2022WP(C)/15254/2022

Case brief

AI extract

What is this about?

The Writ petitioner sought waiver of penalties for delayed vehicle tax. The High Court granted liberty to pay arrear tax within four weeks, provided an undertaking to appeal against penalties, after which authorities would consider permit and fitness certificate issuance.

What did the court decide?

Petitioner granted liberty to pay arrear tax within four weeks, provide an undertaking to appeal against penalties, and subsequently obtain fitness certificate and permit.

M/S Kiran Projects (P) Ltd., Cuttack Vs R.T.O.,Cuttack — Writ and Judicial Review | Orissa HC (2022)

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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W.P.(C) No. 15254 OF 2022

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M/s Kiran Projects (P) Ltd., Cuttack …. Petitioner Mr. Ashok Kumar Rout, Advocate

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-versus-

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R.T.O., Cuttack

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…. Opp. Party Mr. Pravakar Behera,

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Standing Counsel, Transport Department

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CORAM:

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JUSTICE K.R. MOHAPATRA

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Order No.

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ORDER 27.06.2022 1. This matter is taken up through Hybrid mode. 2. The Petitioner in this writ petition prays for a direction for acceptance of arrear tax amount by exempting penalties due to non-payment of tax of the vehicle bearing Registration No.OD-05-AP-7075 (JCB 30X XTRA) for the period from 01.04.2021 to 31.03.2023 within the stipulated period.

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Mr. Rout, learned counsel for the Petitioner submits that the Petitioner may be permitted to pay the arrear tax and move the appellate authority challenging imposition of penalties. He further submits that due to some inadvertency, the Petitioner could not pay the tax in time in respect of the aforesaid vehicle for which the authorities have imposed penalties. He, therefore, prays for a direction for waiver of the penalties and acceptance of the arrear tax in question.

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Mr. Behera, learned Standing Counsel for the Transport Department submits that similar writ petitions have been disposed of granting liberty to the Petitioner to pay the arrear tax

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Page 1 of 2

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and file an appeal before the appellate authority assailing imposition of penalties.

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Taking into consideration the submissions of learned counsel for the parties, this writ petition is disposed of with a direction that in the event the Petitioner pays the arrear tax in respect of the vehicle bearing registration No.OD-05-AP-7075 (JCB 30X XTRA) within a period of four weeks and gives an undertaking to the effect that he will file an appeal before the appellate authority for waiver of the penalties, the appropriate authority shall accept the same and proceed in accordance with law. On payment of outstanding tax amount and upon filing of an application, if any, the authority shall consider issuance of permit and fitness certificate in respect of the aforesaid vehicle in accordance with law. Issue urgent certified copy of the Order on proper application. (K.R. Mohapatra) Judge

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s.s.satapathy

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M/S Kiran Projects (P) Ltd., Cuttack v. R.T.O.,Cuttack

Case brief

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M/S Kiran Projects (P) Ltd., Cuttack v. R.T.O.,Cuttack

Case brief

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What the court decided

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