1975 (11) TMI 129 - SC - Indian Laws

permit holder is the owner within the definition of the owner in the Bihar Act and other Acts and is also the operator within the meaning of the word operator in other Acts to which reference has been made. The liability to pay tax is of the permit holder in all cases

Summary

Issues Involved:
1. Liability to pay tax under various state taxation acts.
2. Definition and interpretation of "owner" and "operator".
3. Responsibility for tax collection and payment.
4. Applicability of Bihar Public Carrier Rules.
5. Mechanism for tax collection from consignors.
6. Transferability of permits under the Motor Vehicles Act, 1939.

Detailed Analysis:

1. Liability to Pay Tax Under Various State Taxation Acts:
The primary issue was whether the petitioners were liable to pay tax under the Bihar Taxation on Passengers and Goods (carried by Public Service Motor Vehicle) Act, 1961, and similar acts in other states. The court upheld the retrospective operation of the Bihar Act as previously decided in Rai Ram Krishna & Ors. v. State of Bihar, A.I.R. 1963 S.C. 1667. The charging section (Section 3) of the Bihar Act mandates that a tax shall be levied and paid to the State Government on passengers and goods carried by a public service motor vehicle.

2. Definition and Interpretation of "Owner" and "Operator":
The petitioners argued that the definition of "owner" in the Bihar Act includes not only the permit holder but also any person in charge of the vehicle temporarily, such as booking agencies. The court, however, clarified that the definition of "owner" is intended to include the permit holder and any person in charge of the vehicle on behalf of the permit holder, not to exclude the actual owner. The term "operator" in the Maharashtra, Gujarat, and Mysore Acts similarly refers to the permit holder.

3. Responsibility for Tax Collection and Payment:
The petitioners contended that booking agencies, not the permit holders, should be liable for the tax as they collect fares and freights. The court rejected this argument, stating that the permit holder, being the owner of the vehicle, is responsible for ensuring the tax is paid. The operational arrangement of hiring out the vehicle does not affect the liability to taxation. The permit holder must ensure that the tax on goods and passengers is collected and paid to the State Government.

4. Applicability of Bihar Public Carrier Rules:
The petitioners relied on the definition of "agent" in the Bihar Public Carrier (Licensing of Collecting, Forwarding and Distributing Agents) Rules, 1971, to argue that booking agencies should be liable for the tax. The court found that these rules are separate from the Bihar Act and pertain to licensing agents for collecting, forwarding, and distributing goods. These agents are not considered owners or operators under the Bihar Act and have no liability to pay the tax levied on passengers and goods.

5. Mechanism for Tax Collection from Consignors:
The petitioners argued that there was no machinery in the Act or Rules to enable them to collect the tax from consignors. The court held that it is the responsibility of the permit holder not to permit the vehicle to be used until the tax is paid. Internal arrangements between the permit holder and the person hiring the vehicle do not absolve the permit holder of tax liability.

6. Transferability of Permits Under the Motor Vehicles Act, 1939:
The court examined sections 54, 55, 56, 59, and 61 of the Motor Vehicles Act, 1939, which deal with the application, procedure, and grant of public carrier permits, and the non-transferability of permits without the permission of the transport authority. The court concluded that the permit holder is the owner within the meaning of the Bihar Act and other similar acts, and thus, the liability to pay tax rests with the permit holder.

Conclusion:
The court dismissed the petitions, holding that the permit holders are liable to pay the tax on passengers and goods carried by public service motor vehicles. The definition of "owner" includes the permit holder and any person in charge of the vehicle on behalf of the permit holder. The responsibility for tax collection and payment lies with the permit holder, and internal arrangements do not affect this liability. The Bihar Public Carrier Rules do not apply to the tax levied under the Bihar Act, and permits are non-transferable under the Motor Vehicles Act, 1939. The petitions were dismissed with parties bearing their own costs.