[binand]

Originally Posted by gsurya

how does Karnataka RTO "KNOW" whether your timer is on day 1 of your first visit or day 364?

Good question. The presumption of innocence has to come into play. It would play out something like this:

- The vehicle owner is presumed innocent, so burden of proof is on the RTO.

- RTO observes/mines data etc. and have reasonable suspicion that the vehicle is in KA for > 365 days. The owner is issued a notice to pay LTT (with the aforementioned proof). Now burden of proof is on the vehicle owner.

- The owner shows proof that the vehicle was elsewhere for part of the year. This could be toll receipts, PUC, fines paid receipts, CCTV grabs, anything. Now burden of proof shifts to RTO.

- RTO can accept the owner's proof and drop the case. Or it could conduct further investigation. It could question the authenticity of the proof submitted. It can disregard toll receipts and fuel bills (those people don't record the full and correct number most of the times, anyway). Would be tough for them to dispute PUC and CCTV grabs.

This is how our justice system is expected to function. But such a procedure requires some people to do productive work, which I guess is too much to ask of anyone. So instead they can take to large-scale bullying and thuggery to "meet targets".

Originally Posted by gsurya

Only comprehensive way is to have an 'Aadhaar' type RFID tag for each vehicle in India, which is also linked to FASTag & used by all RTOs to determine 'home' base of any car using mobile systems.

That would be a privacy disaster. If any government tries to bring such a thing, hopefully it will be questioned in court and eventually held unconstitutional.

[texens]

Came across the following post on social media : "How I used RTI to get NOC from RTO Bangalore"

Good read. A guy who moved from Bangalore to Gurgaon, decided to get the NOC directly from RTO instead of paying 2000 to the agent. He ended up using RTI when the RTO folks didn't budge.

https://medium.com/@iiitd.amar/how-i...508#.go3m9fa9l

[VW2010]

I am completely for this.I want to add few more points.

1, Apart from the Affidavit, they should also collect Bank Guarantees from the out station car owners.What if they deny to pay the tax when our 'Honest' and 'law abiding' officials demand.
2, The out station car owner should also sign an agreement on a stamp paper with the terms and condition and the 'consequences' if they do not abide.
3,People entering/transiting Karnataka with Non KA Cars should keep a track of state govt holidays.They should be barred from entering/transiting Karnataka on holidays and after non working hours.
4,Non KA car owners should report to the nearest police station upon arrival and fill up a registration form or an office similar to Foreigner Regional Registration Office should be opened for Non Karnataka Registered Car Owners
5,A person transiting Karnataka should also follow all these rules even if he is using Karnataka roads for couple of hours.
6,All states should adopt such practices which will further 'STRENGTHEN' National Integrity.

I think even Taliban or ISIS will have simpler options to move vehicles across states. This is still India and Karnataka govt should make it easier for people to come to its state.

There is a reason they collect tolls. If you want to work on a tax model, just keep a toll (booth) before you enter Karnataka with entry date and make a daily calculation till you leave the state. This is equivalent to an entry ticket and its mandatory to keep the ticket or a sticker stuck on the inside of the windshield. Just calculate a tax and collect it when you leave the state. Yeah, its like going to an internet cafe. Just pay for time you spend there.

And then if you are someone who is going to stay there longer, declare and complete the online payment then and there in the toll.

I dint ever wanted to go to a point to compare Karnataka with war ridden middle east state. But hearing the options and needs for someone to travel in his own car, in his own country only after visiting police station and what not makes me say, i hate to travel to this state.

[SILVERWOOD]

Today's TOI.

Waseem

[SILVERWOOD]

Dear Friends,

Karnataka government has filed an appeal against the Judgement.

The appeal will be heard by a larger bench and the first hearing is likely to be on Monday, 11th April 2016.

Since our Advocate has been appointed as the Additional Advocate General, he cannot appear on our behalf.

We have shortlisted few senior counsels and will finalise one of them very soon.

I will keep you all posted on further developments.

Stay Blessed.

Waseem.....

[H_Dogg72]

Isn't this lovely. What sort of state are we living in, If this is reversed and the 30 day rule is brought back, I can gladly say coming to bangalore was the worst decision I've taken. Tax terrorism and rampant racism, bloody good.

[SILVERWOOD]

Dear Friends,

Karnataka Govt has filed an appeal and the No. Is 850/16.

We have decided to go ahead with two Senior counsels.The first one is one of the MOST SENIOR COUNSEL of the state and he will defend the Judgement on the very first day of the hearing because Karnataka Govt will press for Stay and we do not want our joy to be short-lived.
The other senior counsel will represent us in Subsequent hearings.

I will update you all on Wednesday after PIL-1 is heard.

Stay Blessed.

Waseem.

[SILVERWOOD]

Dear Friends,

The appeal will be heard tomorrow by a division bench comprising of Honorable Justice Jayanth Patel & Honorable Justice Nagarathna.

Court hall No. is 4/serial no. is 14 and the expected time of hearing is after 11am.

The advocate general will most probably appear on behalf of the Government and we have hired one of the most senior counsel of Karnataka to defend the judgement.

Please pray,Pray and Pray that the bench does not grant stay on the judgement and the victory of justice & fairness prevails.

I will update you all after the hearing.

Stay blessed and keep praying.

Jai Hind.
Waseem.

[binand]

Originally Posted by SILVERWOOD

The appeal will be heard tomorrow by a division bench comprising of Honorable Justice Jayanth Patel & Honorable Justice Nagarathna.

I have a question. The single judge ruled that the amendment is unconstitutional and ultra vires based on only two of the points raised by the petitioner: (a) the amendment does not remove the basis of the Gandhi judgment but merely tries to overcome it, and (b) State has no legislative competence to change the principle of taxation which is linked to vehicle registration. So now suppose the division bench overrules the single bench on these two points. What happens to the other contentions? Do you have to go back to the previous court to get rulings on all those or will this court rule on them if it is overturning the previous judgment?

I see at least two major contentions that were left undecided: (a) the question of presidential assent for two reasons, and (b) violation of articles 14, 19 and 301.

[SILVERWOOD]

Dear Friends,

The case was part heard today and will be heard tomorrow as well.

The appeal filed by the Govt is still not admitted by the Division bench and the fate of it will be decided tomorrow.

Please pray that the bench should dismiss the appeal tomorrow.

I will update you all in the evening after the list is out for tomorrow

Jai Hind
Waseem.....

[SILVERWOOD]

Dear Friends,

The case is listed today again.

List No.1,Serial No. 22 and the Court Hall No. is 4.

Expected time of hearing could be after 11:45am.

Waseem.

[dinu2506]

I'm in Bangalore and am planning to buy a 2011 Skoda Yeti Elegance 4x4 owned by my brother-in-law in Gurgaon. As I understand, I can now ply the car for a year in Bangalore without paying LTT. My query is the amount of yax I would have to pay post this period. Is there a calculation for this since the car is old. Want tomake my decision based on this.

[suresh_gs]

Originally Posted by dinu2506

I'm in Bangalore and am planning to buy a 2011 Skoda Yeti Elegance 4x4 owned by my brother-in-law in Gurgaon. As I understand, I can now ply the car for a year in Bangalore without paying LTT. My query is the amount of yax I would have to pay post this period. Is there a calculation for this since the car is old. Want tomake my decision based on this.

Hope this helps. You need to know the ex showroom price of the vehicle. Plus you have to consider 11% cess to the calculated tax amount

[dinu2506]

Originally Posted by suresh_gs

Hope this helps. You need to know the ex showroom price of the vehicle. Plus you have to consider 11% cess to the calculated tax amount

Attachment 1499395

Thanks Suresh.
The ex-showroom price - is it the price when the car was bought in 2011 or the current ex-showroom price of the Yeti?

[binand]

Originally Posted by dinu2506

Thanks Suresh.
The ex-showroom price - is it the price when the car was bought in 2011 or the current ex-showroom price of the Yeti?

It is the original price. You have to produce the original tax invoice here in Bangalore; otherwise they might use some made-up number.