Go Back   Team-BHP > BHP India > The Indian Car Scene


Reply
 
Thread Tools Search this Thread
Old 11th March 2016, 21:46   #16
Senior - BHPian
 
vnabhi's Avatar
 
Join Date: May 2007
Location: DC -> DC
Posts: 5,036
Thanked: 1,038 Times
Default Re: Case: Out of State Cars vs RTO Bangalore

Quote:
Originally Posted by fiestarry View Post
My inference from the judgement is that
' the MV Act merely requires the owner of a vehicle exceeding 12 months stay in another state, to apply and obtain regn mark in the new state. No need to pay road tax again'

Am I far off the mark ? Legalese is a foreign language for many of us !
When the MV Act was enacted, there was no concept of life tax. In fact my dad and his friends used to pay annual tax for their vehicles. The draconian concept of life tax started only in the 90s, if my memory is right.

Therefore, in those days, if a vehicle moved from one state to another and stayed there for more than a year, then the owner would have to register in the new state and pay annual tax there.
vnabhi is offline   (3) Thanks Reply With Quote
Old 11th March 2016, 21:49   #17
Senior - BHPian
 
Soumyajit9's Avatar
 
Join Date: Oct 2012
Location: 10010
Posts: 1,499
Thanked: 1,630 Times
Default

Quote:
Originally Posted by fiestarry View Post
My inference from the judgement is that
' the MV Act merely requires the owner of a vehicle exceeding 12 months stay in another state, to apply and obtain regn mark in the new state. No need to pay road tax again'

Am I far off the mark ? Legalese is a foreign language for many of us !
Quote:
Originally Posted by batterylow View Post
As far as I know, to obtain a new registration number, one needs to pay the road tax.
Correct batterylow. Road tax has to be paid for a particular state to obtain Registration number of that state.

Obtaining registration number of new state is optional though.
Payment of road tax in new state is mandatory after a stipulated amount of driving in the new state. In KA this has been revised now from 30 days to 6 months after this judgement.
Soumyajit9 is offline   Reply With Quote
Old 11th March 2016, 22:07   #18
BHPian
 
Join Date: Apr 2009
Location: Bangalore
Posts: 441
Thanked: 33 Times
Default Re: Case: Out of State Cars vs RTO Bangalore

I am concerned by the scant discussion on the recent development with respect to the recent HC ruling on LTT in Karnataka especially since I know that long time Team-BHPian is involved in this.

Quote:
Originally Posted by shramik View Post
Maks a mockery of India as a Federal State.
A federal state by definition means that each state can make its own rules except ones that affect the entire country like defense, foreign relations, etc.

Having said that, I am a proponent of country-wide rules on tax, RTO rules and the such.
nowwhat? is offline   Reply With Quote
Old 11th March 2016, 22:29   #19
Senior - BHPian
 
vnabhi's Avatar
 
Join Date: May 2007
Location: DC -> DC
Posts: 5,036
Thanked: 1,038 Times
Default Re: Case: Out of State Cars vs RTO Bangalore

Quote:
Originally Posted by johannskaria View Post
Attached herewith PDF of the Judgement for reference!
Many thanks. I read the entire judgment to know the complete facts of the case, and also what stand the advocate of the Karnataka government was taking.

I think what irked the judge the most was the verbiage of the 30-day amendment (part highlighted in bold) which reads as :

'Notwithstanding anything contained in the provisions of the MV Act, 1988, or in any order or direction contained in any judgment or order of any court....'

I wonder how the government had the braggadoccio to draft a legislation that totally ignores the central act and prior court judgments. Did they think they were in a separate nation?And how did they think they could get away with such foolhardiness?
Apart from the splendid efforts of Waseem and others, we should thank our stars that there was already a case of Mahesh Gandhi of Belgaum that was decided in 2005.


Let us see how other states react to this news. As far as I know, Maharashtra and few other states also have draconian laws.

Last edited by vnabhi : 11th March 2016 at 22:30.
vnabhi is offline   (4) Thanks Reply With Quote
Old 12th March 2016, 00:09   #20
Senior - BHPian
 
Join Date: Oct 2009
Location: BANG-A-LURE.
Posts: 1,026
Thanked: 2,746 Times
Default Re: Case: Out of State Cars vs RTO Bangalore

Dear Friends,

I was interviewed today by CNN-IBN.PFB the video of the same.

http://www.ibnlive.com/videos/india/...n-1214960.html.

Waseem.....
SILVERWOOD is offline   (23) Thanks Reply With Quote
Old 12th March 2016, 00:53   #21
BHPian
 
selvagp's Avatar
 
Join Date: Dec 2013
Location: MAS - Chennai
Posts: 93
Thanked: 50 Times
Default

Dear friends, hats off, guys you fought for our birth right and we now feel won. Now, some part of practical me woke up. What are the chances KA Govt doesn't care what the judgement is but go on its own ways? If I would take examples where KA Govt. did not heed to SC orders, I guess I would be deemed political.
selvagp is offline   Reply With Quote
Old 12th March 2016, 02:01   #22
BHPian
 
Join Date: Aug 2015
Location: Chennai
Posts: 51
Thanked: 24 Times
Default Re: Case: Out of State Cars vs RTO Bangalore

Congrats Waseem for the victory and your determination.
anandharamanp is offline   Reply With Quote
Old 12th March 2016, 02:49   #23
BHPian
 
rejoycjohn's Avatar
 
Join Date: Mar 2007
Location: Bangalore / Calicut
Posts: 392
Thanked: 571 Times
Default Re: Case: Out of State Cars vs RTO Bangalore

Quote:
Originally Posted by SILVERWOOD View Post
Dear Friends,

I was interviewed today by CNN-IBN.PFB the video of the same.

http://www.ibnlive.com/videos/india/...n-1214960.html.

Waseem.....
Waseem what a victory. Words are not enough to praise the perseverance you and your team showed on this matter. I still remember the early days of this issue and the heated discussions that many had in this forum, so much that the moderators had to close the thread down.

I am happy that the honourable HC observed the amendment that the KA RTO made to be unconstitutional. I am sure that we all agree that this is only the first step among many towards the goal of ' Driving without borders'.

I wish all the very best to you Waseem and your team members.
Out-of-state cars can run on Karnataka roads for 1 year!-capture.png
rejoycjohn is offline   (1) Thanks Reply With Quote
Old 12th March 2016, 07:02   #24
Senior - BHPian
 
VeluM's Avatar
 
Join Date: Jul 2008
Location: Bangalore
Posts: 1,195
Thanked: 555 Times
Default

Stupendous effort by Waseem et al. Thank you for taking this up on behalf of all such people who were driving through Bangalore.

Shouldn't the ones that have already been fined receive a refund? In light of this judgement they really should take the RTO to court if they don't, imho.
VeluM is offline   (1) Thanks Reply With Quote
Old 12th March 2016, 09:26   #25
BHPian
 
w 12's Avatar
 
Join Date: Apr 2006
Location: bangalore
Posts: 402
Thanked: 25 Times
Default Re: Case: Out of State Cars vs RTO Bangalore

Congratulations on winning the case.

It is common knowledge that dealerships of high end cars like Audi, BMW help in getting cars registered on fake pondicherry address, to save road tax in BLR for a nominal fee.

This order of the court changes everything.

Hoping that Maruti, Toyota and other dealerships start similar practice so that this benefit , now restricted to high end cars , trickles down to other cars as well.
w 12 is offline   (1) Thanks Reply With Quote
Old 12th March 2016, 09:34   #26
BHPian
 
batterylow's Avatar
 
Join Date: May 2014
Location: Driver seat!
Posts: 543
Thanked: 573 Times
Default Re: Case: Out of State Cars vs RTO Bangalore

Quote:
Originally Posted by w 12 View Post
Congratulations on winning the case.

It is common knowledge that dealerships of high end cars like Audi, BMW help in getting cars registered on fake pondicherry address, to save road tax in BLR for a nominal fee.

This order of the court changes everything.

Hoping that Maruti, Toyota and other dealerships start similar practice so that this benefit , now restricted to high end cars , trickles down to other cars as well.
Well the state government always has the option of rationalizing the road taxes in line with the UT's.

Plus, the court has not changed anything, the option of 12 months grace period to get a new registration has always been there in the MV act, the court has only ensured that it is followed!

Last edited by batterylow : 12th March 2016 at 09:38. Reason: Additional data
batterylow is offline   (3) Thanks Reply With Quote
Old 12th March 2016, 09:45   #27
BHPian
 
w 12's Avatar
 
Join Date: Apr 2006
Location: bangalore
Posts: 402
Thanked: 25 Times
Default Re: Case: Out of State Cars vs RTO Bangalore

Quote:
Originally Posted by batterylow View Post
Well the state government always has the option of rationalizing the road taxes in line with the UT's.

Plus, the court has not changed anything, the option of 12 months grace period to get a new registration has always been there in the MV act, the court has only ensured that it is followed!
Not talking of 12 months grace period used by Genuine migrants to karnataka, but the fake pondicherry registrations by bangalore residents to save tax.

The two are completely different. If high end car owners can game the system, so can others.
w 12 is offline   (2) Thanks Reply With Quote
Old 12th March 2016, 10:03   #28
BHPian
 
batterylow's Avatar
 
Join Date: May 2014
Location: Driver seat!
Posts: 543
Thanked: 573 Times
Default Re: Case: Out of State Cars vs RTO Bangalore

Quote:
Originally Posted by w 12 View Post
Not talking of 12 months grace period used by Genuine migrants to karnataka, but the fake pondicherry registrations by bangalore residents to save tax.

The two are completely different. If high end car owners can game the system, so can others.
Yes, there will always be people out to game the system.

The government lays some rules in good faith that it will not be misused.

The only way to ensure that people don't game the system is to normalize the taxes all over the country so that it no longer makes sense to register the car elsewhere.
batterylow is offline   (1) Thanks Reply With Quote
Old 12th March 2016, 11:10   #29
Senior - BHPian
 
silversteed's Avatar
 
Join Date: Jan 2010
Location: PGT//BLR//STR
Posts: 1,915
Thanked: 1,294 Times
Default Re: Case: Out of State Cars vs RTO Bangalore

Quote:
Originally Posted by vnabhi View Post
Did they think they were in a separate nation?
When the witch-hunt was at its peak, some of the officers/touts had the audacity to state "This is KA, these are our rules. Pay up", followed by derogatory remarks on the migrant population. I know people, mostly parents of those settled in Bangalore or students pursuing courses in Bangalore, who were on the fence, choosing not to pay up because of such remarks.

There was an option to pay annual tax, which the greed for quick money resulted in getting replaced with the supercilious amendment.

Quote:
et us see how other states react to this news. As far as I know, Maharashtra and few other states also have draconian laws.
Maybe, but there have not been such rampant harassment anywhere else.
silversteed is offline   (5) Thanks Reply With Quote
Old 12th March 2016, 11:17   #30
BHPian
 
Ross's Avatar
 
Join Date: Aug 2007
Location: Banagalore
Posts: 58
Thanked: 22 Times
Default

Hope other states too follow suit. I am moving to Hyderabad from Bangalore next month. I will have to shell out close to 4L for my 2 cars in the current scheme of things. Can't understand why can't we have yearly road tax for out of state vehicles.

Hope some sense will prevail now across the states.
Ross is offline   (1) Thanks Reply With Quote
Reply


Thread Tools Search this Thread
Search this Thread:

Advanced Search


Similar Threads
Thread Thread Starter Forum Replies Last Post
Where should I sell the car: State of Registration or Current State? m_upreti The Indian Car Scene 50 12th July 2016 17:38
Buy car in state or out of state (Major price difference) autoenthusiast The Indian Car Scene 20 17th March 2016 13:45
Buying a CV from State A and registering in State B Aravindpn Commercial Vehicles 7 30th November 2010 15:04


All times are GMT +5.5. The time now is 01:54.

Copyright 2000 - 2016, Team-BHP.com
Proudly powered by E2E Networks