2014 (1) TMI 48 - HC - VAT and Sales Tax

Demand of passenger tax along with additional tax - Vehicle become unusable - Held that - petitioner had never surrendered her permit and therefore, the surrender application by the petitioner had not been accepted to be valid so as to entitle her to avoid the payment of passenger tax and the additional tax - there was absolutely no information in the surrender application qua the lost/stolen. No first information report lodged in that regard has been disclosed even in this petition in respect of the theft of the permit - appellate authority has provided that under Section 12 (6) of Act, 1997, it is still open to the assessee to seek refund of the tax provided the conditions mentioned in the said Section are established - Decided against assessee.

Summary

Issues:
1. Quashing of orders by Taxation Officer and Deputy Transport Commissioner under the Uttar Pradesh Motor Vehicle Taxation Act, 1997.
2. Validity of surrender application for non-use of vehicle.
3. Consideration of stolen permit in surrender application.
4. Availability of remedy for refund under Section 12(6) of the Act.

Analysis:
1. The petitioner sought to quash the order of the Taxation Officer and the Deputy Transport Commissioner under the Uttar Pradesh Motor Vehicle Taxation Act, 1997. The Taxation Officer had raised a demand for passenger tax and additional tax for a specific period. The petitioner challenged this demand through an appeal, citing that the vehicle was unusable due to engine breakdown and subsequent seizure by the Regional Transport Officer. The appellate authority rejected the appeal, stating that surrender of the vehicle for non-use must comply with specific requirements under the Act, and since the petitioner had not surrendered the permit, the appeal was dismissed.

2. The validity of the surrender application for non-use of the vehicle was a crucial issue. The appellate authority emphasized that for surrender to be valid, it must be accompanied by necessary documents like registration certificate, token, permit, etc. The petitioner's failure to surrender the permit led to the rejection of the appeal. The court found that the surrender application did not meet the required conditions, thereby upholding the orders of the Taxation Officer and the Deputy Transport Commissioner.

3. The petitioner contended that the permit had been stolen, which was not considered by the authorities. However, the court noted that there was no mention of the stolen permit in the surrender application or any filed report regarding the theft. Despite this, the court highlighted that under Section 12(6) of the Act, the petitioner could still seek a refund of the tax if the specified conditions were met, providing an avenue for remedy.

4. Lastly, the availability of a remedy for refund under Section 12(6) of the Act was discussed. The court pointed out that the petitioner could pursue a refund if the conditions outlined in the section were satisfied. The court dismissed the writ petition, finding no grounds to interfere with the impugned orders. The petitioner was granted liberty to seek a refund as per the provisions of the Act, concluding the judgment.