[Re-registration of vehicles] Jammu and Kashmir High Court issues notice to Government, others on contempt plea

The Jammu and Kashmir High Court has issued a notice to the government Jammu & Kashmir and others in a contempt plea filed by one Zahoor Ahmad Bhat against a circular issued by the government regarding re-registration and levy of road tax upon vehicles purchased from outside the Union Territory of Jammu and Kashmir (Zahoor Ahmad Bhat v. Hirdesh Kumar and others).The notice was issued by a Division Bench of Justice Pankaj Mithal and Justice Sanjay Dhar to the Commissioner/Secretary of Transport Department J&K Government, Transport Commissioner J&K Srinagar/Jammu and Regional Transport Officer (TRO), Kashmir.They have been asked to file their response in person within one month. ."We direct for issuing notice to respondents in person, who may file their response within one month," the order said..The contempt plea was filed citing violation of the directions contained in the April 29 judgment of the High Court in the case of Zahoor Ahmad Bhat v. UT of Jammu and Kashmir. The court had given the following directions in the judgment: i. That a vehicle once registered in any state of India, shall not be required to be registered elsewhere in India;ii. However, a motor vehicle registered in one state and, if kept for a period exceeding 12 months in another state, shall apply to the Registering Authority of the new state for the assignment of the new registration mark; andiii. Where the life time tax has been levied and paid on a motor vehicle at the point of the registration of a vehicle, no further tax can be levied and demanded on the said vehicle, on it being removed from one state to another..The circular issued by transport department mandated that registering authorities across J&K comprising Regional Transport Officers (RTOs) and Assistant RTOs were strictly directed to comply with the provisions of Motor Vehicle Act along with directions contained in the circular for making possible road tax/token tax upon old vehicles purchased outside Jammu and Kashmir.The circular was issued by Commissioner/Secretary of Transport Department Hirdesh Kumar, IAS on June 10, 2021 after it was reported that number of old vehicles purchased from outside the UT of Jammu and Kashmir are being plied in the UT without paying token tax/road tax as required under J&K Motor Vehicles Taxation Act, 1957..The counsel for the petitioner Faisal Qadri and Jasiya Ali argued that despite judgment of the Court, the respondents are demanding 9 percent token tax from the owners of the vehicles, who have applied for assignment of new registration mark in the UT of J&K even though their vehicles are duly registered outside J&K and they have already paid life time tax on those vehicles..The case will be heard again on August 24.