Allowed

Sireesh Anumula v. State of Telangana and 2 Others

Telangana HC13 Nov 2019WP/24887/2019

Case brief

AI extract

What is this about?

The Writ Court allowed a petition filed by a vehicle purchaser who claimed that life tax should be levied on the invoice price rather than the ex-showroom price. The order directed the Transport Department to register the vehicle without demanding additional tax consistent with prior precedents.

What did the court decide?

Directing respondents to register Mercedes Benz E220 D BSIV without demanding additional life tax.

Sireesh Anumula Vs State of Telangana and 2 Others — Service and Employment | Telangana HC (2019)

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THE HON’BLE SRI JUSTICE P.NAVEEN RAO

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WRIT PETITION No.24887 OF 2019

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Dated:13.11.2019

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Between:

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Sireesh Anumula, S/o. Narasimhulu, Aged about 51 years, Occ: Business, R/o.H.No.8-2-595/3/-8A, Eden Gardens, Road No.1, Banjara Hills, Hyderabad

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.. Petitioner

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And

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State of Telangana, rep., by its Principal Secretary, Transport Department, Secretariat, Hyderabad and others .. Respondents

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This Court made the following:

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THE HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.24887 OF 2019

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ORDER :

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Heard learned counsel for the petitioner and learned

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Government Pleader for Transport.

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Petitioner claims to have purchased Mercedes Benz E220 D BSIV for an invoice of Rs.48,62,037/-. At the time of purchase, petitioner claims to have paid life tax of Rs.6,83,825/and was given temporary registration number as TS 09 CRTR 8131. Subsequently, when the petitioner approached the respondents to register the vehicle permanently, he was insisted to pay life tax on ex-showroom price holding that the petitioner paid less amount than the tax payable on ex-showroom price of the vehicle. According to petitioner, life tax is payable on the invoice, but not on the ex-showroom price and therefore petitioner is not required to pay the additional tax demanded.

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In support of the claim that petitioner is not required to pay additional amount demanded by the respondents, learned counsel placed reliance on the decision in W.P.No.5286 of 2018, dated 02.05.2018, which was upheld by the Division Bench in W.A.No.805 of 2018, dated 29.01.2019.

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Learned Single Judge of this Court held that the State cannot be allowed to levy life tax on the ex-showroom price shown in the price list, when it is not the actual cost of the vehicle and the life tax has to be levied on the actual cost of the vehicle as paid by the purchaser of the vehicle which can be

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reflected from the invoice. This view of learned Single Judge was upheld by the Division Bench of this Court.

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Learned Government Pleader does not dispute the fact that the issue is covered by the decision referred to above.

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Following the earlier decision in W.P.No.5286 of 2018 dated 02.05.2018, this Writ Petition is also allowed directing the respondents to register Mercedes Benz E220 D BSIV of the petitioner without demanding additional life tax, if the life tax already paid based on the invoice dated 31.10.2019 is as per the provisions of the Motor Vehicles Act and the vehicle is fulfilling all other parameters for registration. Pending miscellaneous

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petitions, if any, shall stand closed.

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____________________
P.NAVEEN RAO, J
Date:13.11.2019
KH

Sireesh Anumula v. State of Telangana and 2 Others

Case brief

What is this about?

What did the court decide?

Sireesh Anumula v. State of Telangana and 2 Others

Case brief

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What did the court decide?

What the court decided

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