Team-BHP - Karnataka Road Tax, Crack down announced.EDIT: High Court Judgement on Pg 36 attached
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-   -   Karnataka Road Tax, Crack down announced.EDIT: High Court Judgement on Pg 36 attached (https://www.team-bhp.com/forum/indian-car-scene/50465-karnataka-road-tax-crack-down-announced-edit-high-court-judgement-pg-36-attached-21.html)

Quote:

Originally Posted by praful (Post 1760030)
But like I said before I don't want to settle permanently or re-register the car in one state. In that scenario why should one pay LTT? I know I could get a refund (which is another head banging process) but then what would I do once I get back to the state in which the vehicle is registered?

Ok another quick koshun, I did not know about the Central Govt. Employee rule. Now the vehicle is registered in my name, but my father is Central Govt' Employee with a transferable job, can that be somehow used to my advantage?

The owner of the vehicle needs to produce a letter from his employer which states that this person is working for Central Govt and his job is transferable.

Since the vehicle is not registered in your father's name (who is a Central Govt employee with transferable job), the yearly road tax facility cannot be claimed by you.

I agree that the rules don't make much sense.

I would suggest that you retain your existing registration with the previous state, but pay the road tax for the second state. The traffic police would generally let you go if you produce the road tax receipt of that state.

Rohan

Quote:

Originally Posted by RajeshK (Post 1759943)
My friend is going to approach the Court based on an earlier judgement which says the liability of paying tax is only after 12 months. Attaching the judgement copy for every one's reference.

Well, Rajesh, the doc proves to be very helpful. Thanks for that,I am going to keep a copy in my cars. Keep us updated on the progress of your friends' court battle.

The old question rearises - who defines the 12 month period. There have been 100's of ideas here that says go out of town (cross the state border) get a fuel bill, come back into KA and say you came in only a month ago.

Quote:

Originally Posted by rohan_iitr (Post 1760089)
The owner of the vehicle needs to produce a letter from his employer which states that this person is working for Central Govt and his job is transferable.

Since the vehicle is not registered in your father's name (who is a Central Govt employee with transferable job), the yearly road tax facility cannot be claimed by you.

I agree that the rules don't make much sense.

I would suggest that you retain your existing registration with the previous state, but pay the road tax for the second state. The traffic police would generally let you go if you produce the road tax receipt of that state.

Rohan

Thought as much!

Will try and head to RTO to get some details if possible, once before I drive the car into KA.

EDIT: The LTT which is calculated at 13.x% of invoice value is calculated based on the orignal value of the vehicle or the current value of the vehicle?

Quote:

Originally Posted by praful (Post 1760125)
EDIT: The LTT which is calculated at 13.x% of invoice value is calculated based on the orignal value of the vehicle or the current value of the vehicle?

As per the Kartaka RTO MVA, the LTT is always based on the original invoice of the vehicle but if your vehicle is old (in case of re-registration) the actual LTT would be a % of the original LTT value based on the age of the vehicle.

[See Section 3(1)]
Lifetime Tax for Motor Cars, Jeeps, Omni Buses and Private Service Vehicles
Sl. No.
Class of vehicles
Motor cars, Jeeps, Omni Buses and Private Service Vehicles having floor area upto 5 Sq.Mtrs, cost of which does not exceed Rs.5 Lakhs
Motor cars, Jeeps, Omni Buses and Private Service Vehicles having floor area upto 5 Sq.Mtrs, cost of which exceeds Rs.5 Lakhs but not exceeding Rs.10 Lakhs
Motor cars, Jeeps, Omni Buses and Private Service Vehicles having floor area upto 5 Sq.Mtrs, cost of which exceeds Rs.10 Lakhs
A.
At the time of Registration of New Vehicles.
12 Percent of cost of the vehicle.
13 percent of the cost of the vehicle.
16 percent of the cost of the vehicle.
B.
If the vehicle is already registered and its age from the month of Registration is :
Percentage of the life time tax levied under Clause A
Percentage of the life time tax levied under Clause A
Percentage of the life time tax levied under Clause A
1.
Not more than 2 years
93%
93%
93%
2.
More than 2 years but not more than 3 years
87%
87%
87%
3.
More than 3 years but not more than 4 years
81%
81%
81%
4.
More than 4 years but not more than 5 years
75%
75%
75%
5.
More than 5 years but not more than 6 years
69%
69%
69%
6.
More than 6 years but not more than 7 years
64%
64%
64%
7.
More than 7 years but not more than 8 years
59%
59%
59%
8.
More than 8 years but not more than 9 years
54%
54%
54%
9.
More than 9 years but not more than 10 years
49%
49%
49%
10.
More than 10 years but not more than 11 years
45%
45%
45%
11.
More than 11 years but not more than 12 years
41%
41%
41%
12.
More than 12 years but not more than 13 years
37%
37%
37%
13.
More than 13 years but not more than 14 years
33%
33%
33%
14.
More than 14 years but not more than 15 years
29%
29%
29%
15.
More than 15 years
25%
25%
25%

Quote:

Originally Posted by praful (Post 1760125)
Thought as much!

Will try and head to RTO to get some details if possible, once before I drive the car into KA.

EDIT: The LTT which is calculated at 13.x% of invoice value is calculated based on the orignal value of the vehicle or the current value of the vehicle?

If you have the original invoice copy, thay take that value. Otherwise they will take the present value of similar model car. In my case, they took similar vehicle value since I was not the 1st owner and did not have the invoice copy.
They have some depreciation calculation based on the age of the vehicle. But that depreciated will be higher than your present vehicle value. So ultimately we will land up in paying more tax.:Frustrati

Quote:

Originally Posted by RajeshK (Post 1759943)
Looks like Bangalore RTOs started catching other state vehicle for paying road tax. Might be in need of meeting the target before March 31st.

My friend got caught yesterday by an RTO squad. He came here in Jan'10 and the authorities has different versions of law.

Which area was your friend caught in? Did they seize the vehicle? Any pointers would be helpful.

I have the same issue. My car in Banaglore is a TN registration. So far I have been pulled over by the traffic cops 2 times and by the RTO once. The traffic cops are lame. They dont know what to check for in the first place. The RTO is clever, when asked for my tax, I told them I was in KA for a 5 day visit and produced my original RC book. Then the RTO says how come my car has a Mars Bangalore based service center sticker!! I never expected that, thanks to my quick response I told him, I met with an accident and had given the car there for servicing. He bought it and let me off with a warning to pay for road tax. RTO check out station cars only once in a blue moon. The tax to be paid for a Zen is Rs 45,000! No thanks, i will take my chances. Best reply if there are checks, "I am in Bangalore for a 5 day visit".

Quote:

Originally Posted by salbin (Post 1760298)
If you have the original invoice copy, thay take that value. Otherwise they will take the present value of similar model car. In my case, they took similar vehicle value since I was not the 1st owner and did not have the invoice copy.
They have some depreciation calculation based on the age of the vehicle. But that depreciated will be higher than your present vehicle value. So ultimately we will land up in paying more tax.:Frustrati

Whoa that's actually a pretty bad law, consider this :-

There is a vehicle X valued at 5L when bought. Assuming one buys it second hand after 10 years at approx 1-1.2L, then effectively one has to almost half the price of the car as road tax.

Does this even make sense?

I think the LTT should be calculated based on the declared value give in the Insurance where the current approximate value of the vehicle is given.

Quote:

Originally Posted by rjalihal (Post 1760317)
I have the same issue. My car in Banaglore is a TN registration. So far I have been pulled over by the traffic cops 2 times and by the RTO once. The traffic cops are lame. They dont know what to check for in the first place. The RTO is clever, when asked for my tax, I told them I was in KA for a 5 day visit and produced my original RC book. Then the RTO says how come my car has a Mars Bangalore based service center sticker!! I never expected that, thanks to my quick response I told him, I met with an accident and had given the car there for servicing. He bought it and let me off with a warning to pay for road tax. RTO check out station cars only once in a blue moon. The tax to be paid for a Zen is Rs 45,000! No thanks, i will take my chances. Best reply if there are checks, "I am in Bangalore for a 5 day visit".

Luck and good presence of mind usually saves most people! Have always been let go for my TN bike most of the times. But am I a bit worried about the MH registered car.

I'm sure these guys would make you pay LTT even if you were in town for one week.

Good thing is that I am driving the car down from Mumbai and will have the PUC+Fuel Slips+Toll Receipts, but how long that will save me is totally dependent on the cop's mood! :x

These rules were written at a time when kearla and karnataka were as far as India and America. At that time no one used to drive their cars accrioss borders and only a few used to take it to other states. Now the story is different. I have changed 3 citis in 5 years. I have driven a Dl reg car in Hyderabad and a AP reg car in kerala. so far no issues, but i still feel the laws are rediculus. My DL reg car had a ARMY sticker on it so noone bothered to stop me. In kerala they usually do not stop outststion cars, however going by the sheer numbers every 5th car in Technopark IT campus is a outstation car, so i can imagine the numbers in bangalore.

It is time that govt re looks at some grandpa generation rules and does something to update them according to new life styles. Today i have to think 10 times before taking up an offer in Bangalore or hyderabad, reason risisng cost of every thing and daylight robery in terms of road tax. One of my office mate paid 40k road tax for a 96 model zen in hyderabad, reason road tax plus penality.


Earlier only a small group had this problem, so no one bothered, i feel its a bigger cause now and people should stand up and sign pettitions to change this stupid law, one country one road tax should be the the ideal scenario.

Pramod

I bought one Royal Enfield 1967 model from Kolkota on April 2009. I have got NOC from West Bengal to Hyderabad and all relavant documents. First I tried to do it my self so i went to RTO office and stand in front of the counter at 10AM. Officer of that counter check all the papers and told me to come at 4PM. So again i went there at 4PM but that person refered me to one agent. Agent calulated some amount and i have agreed to pay that amount. Then next day agent told me to bring Vehicle to RTO , so i took the vehicle and it was inspected also. But after two days i got a call from agent that in my RC Book Date of registration is not mentioned so it is not possible to Register here. I have already paid the LIFE TAX of AP.

He returned all the document with the TAX receipt. Two weeks back once again i approched to the same agent and he told i will take RS2000 then only i will try. Again i agreed to pay that. But after two days he told it is not possible.

Can anybody suggest me what to do??

Can i drive the Bike here without registration here but i have paid TAX and having NOC.

Anybody from Hyerabad Please Help me
Suggestions and Welcome

Regards

S. Das

We should start harassing these RTO guys with a well designed RTI (Right to information) application and hold it against them when cops on the road try to create their own interpretation of the law.

Another idea that may work is to print a copy of the MVA 1988 (motor vehicles act 1988 pdf - Google Search) and argue the hell out the cop. Stand your ground and say you are willing to go to court to prove your point especially in cases where you may genuinely be in a new state for less than a year.

Did a quick search of the MVA for "Road Tax" but I did not find any thing related to moving of vehicles from outside states!

For example in http://hartrans.gov.in/docs/mva1988.pdf, see pages 52 onwards "Registration of motor vehicles" (this is mis-spelt as "Registraion" in the PDF). See #47 (page 59) - "Assignment of new registration mark on removal to another State."

The key wording to focus on is the 1 year limit: "When a motor vehicle registered in One State has been kept in another State, for a period exceeding twelve months, the owner of the vehicle shall -<snip>- apply -<snip>- for the assignment of a new registration mark and shall present the certificate of registration to that registering authority"

The intent here is to tell the cop not to take you for granted, that you know what you are talking about and gain the superior hand before there is any confrontation or demand. In my opinion, this should work for the first year at least. At the minimum, I hope concerted grassroots action on this regard, will get the cops to focus on real problems like rash driving, rather than stopping easy targets (visitors from other states with a different number plate).

However for longer stays, it is better to pay the tax and get the earlier lifetime tax refunded in the original state. This is also a matter of paying for what you use - you are using the current state's resources and you better pay for the use of those resources. We should really lobby for a mechanism for a seamless transfer of a vehicle, where the process of application would involve a transfer of residual life-time tax funds for a vehicle directly from state to state.

^^ You are right, we ought to pay for what we use. But at what cost, I'm sure you must have heard the hazaar horror stories when one tried to get a refund on the LTT paid in one state.

And especially consider Non-Govt. job Nomads like me who change cities about every 1.5-2 years, one can't keep paying Tax and applying for refund neither can keep swapping cars. It would be difficult on the Govt's part to have a centralised taxation structure as the roads are build by the state govt. .

In the end its only us who suffer!

Will keep a copy of the section of the MVA you mentioned. And will try and get some info from the RTO directly too.

I was a victim of this in the year 2000. My out of state registered Esteem was stopped by the RTO at BTM Layout and just as he was about to be convinced that we were vistiors from out of state, he noticied the KA Pollution certificate sticker and immedieatly seized the car.:Frustrati

A collegue of mine had contacts and two days later when we went to the Jayanagar RTO, I found out that the inspector happened to be a good friend of my collegue. Now, it was the inspector's job to convince his boss to let me off the hook with minimal damage. The local police station also took good care of the car.

Years later the non-major roads in KA are still not comparable to other states (despite their higher %age tax collection). Don't have the stats with me but does KA have more per capita kms of roads than other states for them to justify higher tax collection?


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