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TMI Blog2013 (8) TMI 864X X X X Extracts X X X X X X X X Extracts X X X X ..... as a proviso to section 2(e) provides abundant intrinsic statutory material to understand the term "purchase value" as defined in section 2(e), beyond any shadow of doubt. The purchase value can never be determined by adding on the VAT component or any customs duty or other charges, over and above the value or price of the vehicle. This is how the "purchase value" has to be determined for the purpose of levy of tax under the proviso to section 3(1) of the MVT Act, to the extent such levy is dependent on the Schedule to that Act, prescribing the rate of one time tax, on the basis of the purchase value of the vehicle. - tax that could be levied under the MVT Act for the vehicle covered by the invoice which is exhibit P2 in the writ petition ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ge, among other grounds raised on the basis of the provisions of the Sale of Goods Act, articles 245 and 265 of the Constitution and the provisions of the Kerala Value Added Tax Act, 2003, for short, the VAT Act , it is specifically contended and argued that the levy can be only on the purchase value of the vehicle, which does not include VAT or any other tax or duty, having regard to the definition of the term purchase value in section 2(e) of the MVT Act. Levy under the VAT Act also appears to be indicative that, in no way, the VAT component could be brought as part of the purchase value of the vehicle for the purpose of determining the tax under the MVT Act, it is argued. 4. The learned Government Pleader, supporting the impugned ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... lopment and Reclamation Corpn. Ltd. v. Presiding Officer, Labour Court[1990] 3 SCC 682, Central Inland Water Transport Corporation Ltd. v. Brojo Nath Ganguly[1986] 60 Comp Cas 797 (SC); AIR 1986 SC 1571, Gough v. Gough[1891] 2 QB 665, P. Kasilingam v. P. S. G. College of Technology AIR 1995 SC 1395. Applying this well settled principle of law, the definition purchase value in section 2(e) of the MVT Act cannot be anything beyond the value of the vehicle as shown in the original purchase invoice. 6. If the purchase value of any vehicle is not ascertainable on account of non-availability of the invoice, the purchase value shall be the value or price at which the vehicle of like kind or same specifications is already registered or availab ..... X X X X Extracts X X X X X X X X Extracts X X X X
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