Excelsior Correspondent
SRINAGAR, Feb 18: The Transport Department has informed the court that any resident of J&K has to re-register the vehicle if the same is registered outside the Union Territory.
The information has been given by the Transport Commissioner in his compliance report to the contempt petition whereby the contentions were raised that the court judgment on the issue is not being implemented. The Division Bench of High Court has already quashed the circular issued on March 27 last year, asking therein for new re-registration mark for the vehicles which have been purchased outside the J&K.
The petitioner submits that despite having quashed the said circular, the authorities are still asking for fresh registration of outside vehicles. Since the contempt petition is pending and the authorities were asked to file compliance of the directions, the Transport Commissioner submits that if a resident of J&K UT purchases an old vehicle from outside and wants to become its legitimate owner then as per Section 50 of the MV Act he has to apply a fresh for new registration of the vehicle in J&K.
He further adds that such a person is also liable to pay token tax in terms of Section 47 of MV Act. “However, the token tax on the vehicle is a State/UT tax, in every State/UT and there is no provision of refund of excess token tax or the provision of refund in case the registered vehicle is not plied or sold outside the State/UT to the owner of such vehicle”, reads the compliance report of Transport Commissioner.
With regard to refund of token tax, he informed the court that this applies to purchase of fresh vehicles. “First owner of the vehicle who purchased the new vehicle from the showroom and paid one time token tax in any State/UT and after five years sells the said vehicle, then he can claim the token tax of remaining ten years from the concerned registering authority throughout India and such provision of refund of token tax is also available in J&K”, he added.
Court has been further apprised that if an owner is having residential proof of another State or UT and purchased the vehicle from that State or UT and registered his vehicle there and moves to J&K then such person is not required to re-register the said vehicle and get assigned the new registration mark in J&K and also is not under obligation to pay the token tax on such vehicle.
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