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Old 18th December 2022, 15:56   #16
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re: KA HC allows BH series to private employees

Too early to celebrate. We are yet to get the final orders to understand the detail. In all probability KA TD is going to appeal to division bench. Then it’s even a longer fight. BTW - The main case in which this judgement came was mine ��
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Old 18th December 2022, 16:44   #17
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re: KA HC allows BH series to private employees

Quote:
Originally Posted by shankar.balan View Post
Does this mean that anyone can re register his/ her car as a BH if his/ her company has multiple offices and he/ she is in a transferable job?
If such re registration is possible, then will the govt refund the huge life tax it collected at the time of purchase?
A good observation.
The Motor Vehicle Department is a State entity and this is where all the bottle neck begins.
It's like the British Raj, noting is fair transparent and customer friendly.
Rules, Fines, Redressal, Refunds, tribunal, Public grievances, Accident site inspection, finding 1st initiator of a traffic offence or rear end damage by reckless road users. Traffic monitoring, permission to use Dash cam or make it Legal for motorist.
The MVD, should be under Federal govt.
Road tax paid for 15 years, is valid throughout India.
Should also get Toll Gate tax paid Tag.
There are lots of road blocks and hurdles that are only there to make life miserable for the common man.
The State representatives, Civil service, MP, Govt service have immunity from all these difficulties.
It's high time the Central Govt, And Union Minister for Road Transport and Highways takes up this matter and makes necessary recommendations.
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Old 18th December 2022, 17:51   #18
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re: KA HC allows BH series to private employees

Quote:
Originally Posted by BrokenHW View Post
A Karnataka high court order on Friday, asking the Transport Department of Karnataka to implement the Centre’s Bharat (BH) series notification

Attachment 2391232
Is there any explanation for such a disproportionately high number of registrations in MH? Is the MH govt allowing people with private (and transferable) jobs register under the BJ scene?
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Old 18th December 2022, 19:01   #19
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re: KA HC allows BH series to private employees

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Originally Posted by three10 View Post
Is there any explanation for such a disproportionately high number of registrations in MH? Is the MH govt allowing people with private (and transferable) jobs register under the BJ scene?
Yes, Maharashtra allows for BH registration for private employees also
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Old 18th December 2022, 19:08   #20
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re: KA HC allows BH series to private employees

Even though this is a good start, ultimately, there should be one registration valid across the country. Wherever a vehicle gets registered, it should be allowed to be used anywhere for any length of time. Why harass the public? These things get evened out anyway. Some people move from TN to KA while others move the opposite way. So why not simply accept all registration to be valid permanently across India? In North India, no one harasses a person with a number plate from KA, KL, MH, TN etc. A lot of people live here with such vehicles on a permanent basis. The same needs to be duplicated in South India and MH.
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Old 18th December 2022, 20:50   #21
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re: KA HC allows BH series to private employees

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Originally Posted by nomad47 View Post
Yes, Maharashtra allows for BH registration for private employees also
All big PSBs have their registered corporate office at Mumbai and many FI and insurance companies owned by the government of India are located in Mumbai and this could be the reason for many BH registrations. Another aspect could be the private folks able to get the BH plate.

Last edited by Aditya : 10th April 2023 at 17:52. Reason: Political bits deleted
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Old 18th December 2022, 21:31   #22
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re: KA HC allows BH series to private employees

42nd amendment Act 1976 shifted below mentioned five subjects from State list to Concurrent List: Education. Forests. Protection of wild animals and birds.
...
Union List Subjects:
Defence.
Army.
International Relations.
Ports.
Railways.
Highways
and
Communication.

Last edited by Aditya : 10th April 2023 at 17:53. Reason: Quoted post edited
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Old 19th December 2022, 01:29   #23
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re: KA HC allows BH series to private employees

It's not the law, or the state, federal structure that's the issue. It's the implementation that's the issue. If moving across states could just be automated with no personal involved in the process, all this is not even needed. Remember a time when mobile portability was not possible and now no one even remembers there was once such an era.
It's the reluctance to let go of the physical control over these day to day matters, and many times the opportunities to make some below the table bucks that stand in the way. You are forced to get a bunch of documents, where you need to have a physical touch, not digital and hence allow loop holes in the process to make money.
Is it so difficult to punch you car numbers into a portal, and select your source and destination state and press "move"? Not really.
This BH law is to get over another law, that could't be amended by different people with different intentions.
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Old 19th December 2022, 07:05   #24
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re: KA HC allows BH series to private employees

Quote:
Originally Posted by Lobogris View Post
Even though this is a good start, ultimately, there should be one registration valid across the country. Wherever a vehicle gets registered, it should be allowed to be used anywhere for any length of time. Why harass the public? These things get evened out anyway. Some people move from TN to KA while others move the opposite way. So why not simply accept all registration to be valid permanently across India? In North India, no one harasses a person with a number plate from KA, KL, MH, TN etc. A lot of people live here with such vehicles on a permanent basis. The same needs to be duplicated in South India and MH.

The reality is the tax issue. The government makes lot of money from registration. They are reluctant to let go of that revenue by going in for lower BH tax rates. By allowing other states vehicles to ply on the roads, southern states which have lot of migrants from North compared to Northern states, will lose out more. Also people will start getting their vehicles registered in states with lower taxes and take them to states with higher taxes to avoid paying high taxes.

The solution is to centralize the RTO move system. If one moves from one state to another, have a way to enter details on the system, and the system will calculate the prorata tax to be refunded by the state of registration and the new tax to be paid in the destination state. Do it centrally and let central govt use the funds to states to take care of it. That will solve thei issue.

In the US, it is pretty straightforward to get the refund tax and pay new tax in the destination state.

Last edited by Aditya : 28th December 2022 at 05:31. Reason: immigrants - migrants
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Old 19th December 2022, 09:56   #25
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re: KA HC allows BH series to private employees

Why does one even need to have a transferrable job to be able to buy a BH plate? In today's world, the concept of attaching a person with their job is irrelevant, considering how frequent job changes are. It should be upto an individual to decide whether they consider themselves "settled" in a particular state or are likely to move cities in the near future.
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Old 19th December 2022, 12:04   #26
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re: KA HC allows BH series to private employees

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Originally Posted by sanchari View Post
Also people will start getting their vehicles registered in states with lower taxes and take them to states with higher taxes to avoid paying high taxes.

.
BH registration charges are not based on in which state one is getting the BH passing. It is standard charges across India. Please refer to BH registration thread on this forum.
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Old 19th December 2022, 12:11   #27
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re: KA HC allows BH series to private employees

While the fact that BH registrations are going to be enabled in Karnataka for private cos enmployee, I feel its too early to celebrate. The states where the BH registrations have been enabled are still grappling with a long list of issues where there is no support from Central Govt who came up with this initiative and left the customers to the mercy of state.

Few issues which I personally as a BH registered vehicle owner have faced are listed below:
1. Lack of clarity on the taxation for BH registered cars whether its on ex show room without GST or with GST. Presently its charged with GST.
2. Decision of the above left to the Dealer, no clear instructions from the Central or State govts. Most of the dealers themselves aren't aware/unwilling of/for the BH registrations as it requires them to do the registrations instead of visiting the RTO.
3. Lack of knowledge on the implementation process at state level RTO's where only a handful people are somewhat aware of BH registrations.
4. RC for the BH registered car has to come from the local RTO where BH registrations RC takes a back seat when compared to the high volume State registered cars. Too many follow ups required to initiate the RC card printing. One small mistake and things could take months for correction.
5. The customer support of Vahan portal don't haver a slightest clue about BH registrations and parrotedly refer to state RTO's for any assistance. Mail communication responses also follow the customer support pattern.
6. The real shock comes when one has to renew the Insurance policy for BH registered vehicle. None of the Insurance websites are updated to accept BH registrations as on date. Neither the Insurance co customer care know a thing or two about the same. During my renewal process, I saw some weird quotes from Insurance cos.
7. Lastly PUC is another area where presently there is no support as again BH registrations cannot be entered in the PUC testing centre software, hence wouldn't be visible on Vahan portal.

The only advantage till date with BH registrations apart from a fancy number plate, low road tax outgo (spread over 7 installments) is that the cops cannot issue a challan for any violation coz their system isnt also updated to take BH registrations.

I hope the above shouldn't deter anyone from going ahead for BH registrations provided their job in real world is transferrable or else for all other reasons the state registrations is far better.
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Old 19th December 2022, 12:27   #28
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re: KA HC allows BH series to private employees

Quote:
Originally Posted by shipnil View Post
BH registration charges are not based on in which state one is getting the BH passing. It is standard charges across India. Please refer to BH registration thread on this forum.
I think you got the context wrong and took the reply out of context. I was replying to the post which asked why vehicles can't be moved across states without any hassle. Please see the post that I had quoted when responding.

I definitely know what BH is and its charges
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Old 19th December 2022, 12:51   #29
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re: KA HC allows BH series to private employees

Isn't it easier to just have yearly tax across India ? Give some leeway and allow 6 months to such people who could qualify for BH series with the new law.

Not sure why they are bringing more laws instead of simplifying and changing existing ones uniformly

My company has some sales and other offices in other places in India. I can try to take advantage of this without using it for the real purpose ?

Last edited by PreludeSH : 19th December 2022 at 12:56.
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Old 19th December 2022, 18:14   #30
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re: KA HC allows BH series to private employees

Dear Friends,

The Judgement is out and I have attached it with this post.

We are filing a caveat tomorrow in light of the fact that the government will certainly appeal to the division bench.

In light of the central government's support, I don't believe the division bench will admit the appeal.

As and when I have more information, I'll keep you guys informed.

Waseem Memon.
Attached Files
File Type: pdf WP 2153 of 2022 - Judgement dated 16122022.pdf (147.8 KB, 377 views)
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