challenged. Therefore, the contention of the tax being arbitrary or oppressive, is unjustified. Counsel also relied on Federation of Mining Association of Rajasthan v Union of India, 2007(2) WLC 716 (DB), a Division Bench judgment of this court, to submit that in Rajasthan too, the court had recognized that the basis of the tax is the load of the vehicle on the road; thus irrespective of the year of its manufacture, the tax would remain constant. Relying on State of West Bengal v Kesoram Industries, 2004(10) SCC 201, it was urged that enactment of a tax levy is entirely different from a regulation; courts would in judicial review adopt a deferential scrutiny in relation to fiscal statutes. It was also argued that in considering the validity of taxation statutes against a complaint of arbitrariness or discrimination, the court would not lightly set aside or interfere with the working of a levy or such statute, unless there is perversity or gross disparity “resulting in clear and hostile discrimination”, as held by the Supreme Court in Indian Oil Corporation v State of Bihar, 2018(1) SCC 242.