Supreme Court · 2004 INSC 481 · Decided 26 August 2004

Commissioner, Transport-Cum-Chairman and ORS. v. Tapan Kumar Biswas

Court
Supreme Court of India
Citation
2004 INSC 481 · [2004] SUPP. 3 S.C.R. 907
Case number
CIVIL APPEAL No. 7033/2003
Decided
26 August 2004
Bench
S.N. VARIAVA, G.P. MATHUR (2-judge bench)
Outcome
Appeal(s) allowed
Case type
Civil
Acts & sections cited
Motor Vehicles Act

Headnote

Orissa Motor Vehicles Taxation Act, 1975 : Ss.3 and JO-Liability to tax in absence of off-road intimation- C Transport vehicle met with an accident-Certificate of fitness cancelled- 0.ff-road intimation given for one year-No such intimation given for subsequent periods-Demand for tax raised-Held, year to year-· Since no intimation and undertaking given for subsequent periods, it has D to be presumed that the vehicle had been used or kept for use in the State. Vehicle of the respondent was severely damaged in an accident. Consequently, fitness certificate of the vehicle was

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