Chennai:
Omni bus operators in the state could now heave a sigh of relief as Madras High Court has termed the levy of tax of Rs 600 per seat or berth per entry for an Omni Buses plying on contract carriage as ultra vires and unconstitutional.
After hearing a plea to declare the amendment made in Tamil Nadu Motor Vehicles Taxation (Amendment) Act 2012 in the Column (c) of Ninth schedule with reference to levy of tax per entry for Omni buses, Justice V Ramasubramanian said that the challenge to the expression ‘p er entry’ indicated in the second column of Ninth Schedule relating to contract carriages in respect of which temporary licence is issued has to be sustained.
But the ‘Per Entry’ appearing along with the rate of tax appears to be confiscatory and not compensatory in nature and is declared ultra vires and unconstitutional., said the court.
The state has claimed that the levy is a regulatory measure imposed to prevent evasion of tax.
The judge refused to buy the argument that the enactment of the law was to regulate contract carriage operators, who used to take temporary licenses (or special permits) for a specified duration of time and thereafter make number of trips with different seats or passengers. .
The log book, the number of places covered and distance between the place of commencement of journey and the last destinations would make it clear as to how many days the operator would require to complete the journey. Instead of doing the same, the state has resorted to imposition of an additional burden that will fall not merely upon the misusers of temporary licence but also genuine users.
“The state has described the levy to prevent misuse. In some places, the state justified levy by pointing out the cost of construction of roads, bridges etc. In some cases, it has vaguely spoken about additional expenditure involved in the maintenance of facilities, without clearly indicating the nature of the facilities and the cost of maintaining them,” said the judge.
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