[anjan_c2007]

Originally Posted by SILVERWOOD

Update on BH Series WP

We have won the case.The state's appeal has been dismissed by the Chief Justice.

Long live our judiciary.

Thank you guys for your support.

Waseem....

Superb, hearty congratulations. But unwarranted non adherence to the extant laws and rules plus lack of common sense and logic by the government departments unnecessarily increase burden of the judiciary, with the most illogical and frivolous ways that most such departments follow. And as a result the common man is trapped with such eccentric decisions that unnerve his well being. The brunt has to be borne by the common man who is at the receiving end.

There needs to be fixing of responsibility and personal liability imposed on such erring officials, whose actions result in such frivolous litigations. In fact, nearly 50 % of court cases in our courts are due to such arbitrary actions by government officials.

[dijkstraind]

Congrats everyone.
I am worried that the Karnataka govt will try everything to delay the implementation of BH series for private-sector employees. CM has increased the transport department's revenue collection target by 1000 Cr.
Someone recently purchased Brezza VXI AT from Delhi with BH series number, road tax they are going to pay over the 15 years is approx 90,000, while the upfront road tax in Bangalore for the same car is 2.15L

[arjab]

Wonderful news!
Unfortunate, us, tax paying citizens who have to fight for "our rights" when there's nothing "wrong" in the first place!
I travel between WB & TN very frequently. Strangely I've found, at least in matters of this "BH" registration, WB RTO's very proactive. In fact vehicle dealers in WB will ask you at the time of registration whether you want "BH" or standard state registration. I find it quite amusing because the politics of WB are always at loggerheads with any Central policy, irrespective of which department it affects, but in this case, it's the opposite with visible signs of bonhomie Nowadays I see many cars in Calcutta with BH plates. Same is the case in Odisha too. BH is very common there.

But if you travel further South, BH dries up. AP, TS, TN, none of them offer BH services. In fact if they see a BH registered car, the vehicle may be stopped and harassed unnecessarily.
Happened with a colleague of mine in Chennai with his BH registered, (from Odisha), Baleno. To people who are familiar with Chennai, my friend was stopped by the cops at the Ashok Leyland corporate headquarters crossing and unnecessarily harassed. After a long and arduous verbal duel, he was let off. Sad state of affairs!

My point is: National Permit system for trucks has been prevalent in India since donkey's years, right? So, what's the problem with a National Permit system, for passenger cars for personal use?

[lejhoom]

Saw this news on LiveLaw. I don’t see any reference to SilverWood in it. Quoting below:

This notification was quashed in December last year by single bench of Justice C M Poonacha. The judge had allowed the petition filed by Ranjith K P …

https://www.livelaw.in/high-court/ka...smissed-233771

[GTO]

Originally Posted by Nomad

Its been a long and expensive fight. Took a lot of perseverance and grit. Had tremendous support from many of you from this group.

Originally Posted by lejhoom

Saw this news on LiveLaw. I don’t see any reference to SilverWood in it. Quoting below:

This notification was quashed in December last year by single bench of Justice C M Poonacha. The judge had allowed the petition filed by Ranjith K P …

Solid guess, but Ranjith KP is BHPian Nomad. Congratulations .

[Aviator_guy]

Hope this brings some relief to Karnataka residents looking for BH registration.

[santosh.s]

Nope, doesn't look like the legal battle is going to end here. Refer to a separate thread on this topic. Personally, I am going to get it registered in my home state where BH for private employees is allowed.

[anjan_c2007]

Originally Posted by Aviator_guy

Hope this brings some relief to Karnataka residents looking for BH registration.

The state transport department of Karnataka must be under instructions to maximise road tax collections and the skewed exclusion of eligible, private sector employees is glaring. To top it, they lost as respondents before the single bench of the Karnataka High Court and had the gall to file a writ appeal in the Division Bench of this court.

The contention of the state's transport department is again skewed. They say that by legislating such a law, the Central authority is infringing on the state's right to taxation. Very rightfully so, the state of Karnataka, taxation under the Motor Vehicles Act and Central Motor Vehicles Rules is a state's domain. But legislating for registrations is fully in the Central domain. The state can change tax rates/amounts but the essence and meaning of the legislation by the Centre cannot be altered. This is the reason that the state has had to cut a sorry figure in the High Court.

Moreover, our Constitution's Article 14 the right to equality is a fundamental right. The state discriminates by making rules favourable to government employees while infringing upon similar rights for private sector employees, despite there being a Central law.

Yes, it's guaranteed that the state will file an appeal in the Supreme Court. This has to be done within 90 days from the date the High Court judgment gets uploaded on the Court's website. Else, the Apex Court won't entertain. Even if its taken up for hearing the appeal stands all chances to be dismissed if the non applicants' lawyer argues well.

[ForzaItalia]

Any idea if dealers have started BH series registration for private sector employees following the Karnataka High court verdict?

[texens]

Originally Posted by ForzaItalia

Any idea if dealers have started BH series registration for private sector employees following the Karnataka High court verdict?

I checked with PPS Mahindra, Hebbal and they said that RTO still isn't accepting BH registration for private employees. I believe the state govt. has 90 days to file an appeal against this verdict in SC (as shared by somebody above in this thread). Probably NomadSK can share any insights/details on this.

[neerajku]

Any news on this please? Assuming the State Government has not notified hence planning to go for an appeal. Amy be the change of Government did not lead to any change in heart or may be it did. Hope bureaucrats are not misleading the Minister concerned with some imaginary losses of tax revenue. The government will lose the case in SC also but lose a lot of tax payer's money fighting the case.

[dijkstraind]

Originally Posted by neerajku

Any news on this please? Assuming the State Government has not notified hence planning to go for an appeal. Amy be the change of Government did not lead to any change in heart or may be it did. Hope bureaucrats are not misleading the Minister concerned with some imaginary losses of tax revenue. The government will lose the case in SC also but lose a lot of tax payer's money fighting the case.

Why do you think the loss of tax revenue is imaginary?
Let's take the example of Brezza VXI AT, upfront KA road tax is approx 2,10,000 and BH number road tax for the first two years is approx 12K(total 85,000 for 15 years)

[neerajku]

Originally Posted by dijkstraind

Why do you think the loss of tax revenue is imaginary?
Let's take the example of Brezza VXI AT, upfront KA road tax is approx 2,10,000 and BH number road tax for the first two years is approx 12K(total 85,000 for 15 years)

Dont think you have read the forum. Do take out time and read the posts and if still not clear do search on the net. The taxes are not reduced, just so that you know, they get spread over time.

[Aviator_guy]

Originally Posted by neerajku

Dont think you have read the forum. Do take out time and read the posts and if still not clear do search on the net. The taxes are not reduced, just so that you know, they get spread over time.

State govt is more worried about immediate notional loss (read "less revenue") upfront. Also, it may be worried about loss of revenue during the lifetime of the vehicle if BH cars don't stay in the state for their lifetime. No one wants to see the big picture.

[AutoNoob]

Originally Posted by dijkstraind

Why do you think the loss of tax revenue is imaginary?
Let's take the example of Brezza VXI AT, upfront KA road tax is approx 2,10,000 and BH number road tax for the first two years is approx 12K(total 85,000 for 15 years)

It's not loss of tax revenue. It's loss of illegitimate gain.

The question of BH series wouldn't have arisen, if the state governments (not just Karnataka) had made it easier to :
1. get refund of road tax, when a vehicle got transferred out of state.
2. not charge road tax again for full 15 years if an old vehicle came to be registered in the state. (even though the vehicle would most likely be confiscated after end of 15years from date of manufacture/ date of first sale)

Originally Posted by neerajku

The taxes are not reduced, just so that you know, they get spread over time.

Originally Posted by Aviator_guy

State govt is more worried about immediate notional loss (read "less revenue") upfront. Also, it may be worried about loss of revenue during the lifetime of the vehicle if BH cars don't stay in the state for their lifetime. No one wants to see the big picture.

True that.

Again, it's not loss of revenue, it's loss of illegitimate gain.

Further, keeping Centre vs. State politics aside, as a automobile enthusiast I am not in favour of levying excessive tax on vehicles (approx 40% to 65% including GST).