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2006 (3) TMI 706 - HC - VAT and Sales Tax
Issues:
Challenge to entry tax and penalty on purchase and import of vehicles for specific purposes. Analysis: The petitioner contested the demand for entry tax and penalty on the purchase and import of specific vehicles, arguing that they do not fall under the definition of "motor vehicle" as per the Entry Tax Act. The vehicles in question were Tata trucks equipped with specialized machinery for tasks such as tree trimming, repair of electric lines, and fire fighting. The court examined the nature and function of the vehicles based on photographs provided by the petitioner. It was found that the vehicles, though modified for specific tasks, still qualified as motor vehicles under the relevant legislation. The petitioner further argued that even if the vehicles were considered motor vehicles, they were not brought for use as such or for sale to attract entry tax. However, the court ruled that any form of use of the vehicle, including for transporting machinery or equipment, attracts entry tax under the Act. Therefore, this argument was rejected. Another contention raised was regarding the petitioner's status as a Central Government undertaking, seeking exemption from tax under a specific proviso in the Entry Tax Act. The court clarified that the exemption was only for property of the Central Government used exclusively for defense purposes, which did not apply to the petitioner as a public sector undertaking engaged in electricity generation and distribution. The final issue concerned the determination of the purchase value for assessing entry tax and penalty. The court noted that the impugned orders did not specify the basis for the uniform purchase value assigned to the vehicles. It was clarified that the value for assessment should only include the value of the chassis and cabin, excluding the value of machinery and equipment fitted thereon, as per the provisions of the Entry Tax Act. The court directed the authorities to reevaluate the tax assessment based on this clarification and instructed the petitioner to register the two fire tenders under the Motor Vehicles Act within a specified timeframe.
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