Tricity Tempo travellers union challenges HP Govt’s Special road tax on All India Tourist Permit Vehicles in Court”
Shimla, Nov 7
The special road tax levied by the HP government on vehicles with All India tourist permit, has reached the doorsteps of the court. “Tricity Tempo Traveller Union applied writ to Supreme court but the court referred the case HP Shimla High Court,” informed president of the Tricity tempo travellers’ union.
The matter was listed on Tuesday in a division bench of Chief Justice M.S. Ramachandra Rao Chief and Justice Jyotsna Rewal Dua. “At the request of learned counsel for the petitioner, list on 21.12.2023,” stated the bench in an order. Anil Kumar along with others has filed this petition in the State High court.
In the matter petitioners contend that in 1972, The Himachal Pradesh Motor Vehicles Taxation Act, came into force. Later a Section 3A was inserted in the year 1999 and substituted in the year 2001 vide separate amendments. Noteworthy that the Section 3A of the THE HIMACHAL PRADESH MOTOR VEHICLES TAXATION ACT, 1972 deals with levy of special road tax.
Later on 1.05.2023 the All India Tourist Vehicles (Permit) Rules, 2023 was published to be effective from 01.05.2023. Afterwards, a notification dated 11.07.2023, was issued by Respondent State of HP. Herein the levy of tax on vehicle registered in other States, covered under All India Tourist Vehicles (Authorization or Permit) Rules, 2023 and entering in Himachal Pradesh was added for the first time vide said notification, which became a point of contention. “Hence the present writ ppetition,” stated the petitioners.
Noteworthy that as per the existing law “All India Tourist Permit” means a permit issued by the Transport Authority to enable a tourist vehicle operator / owner to ply tourist vehicle throughout the territory of India on strength of permit fee paid under rule 5, of the act.
Based on it the tempo travellers union contend that when they have already paid a hefty tax amount for the All India tourist permit, then levy of a special road tax on such vehicles is unauthorized and is not in the State government’s domain.
Earlier the Tricity Tempo Traveler Union, a prominent stakeholder in the tourism sector, had raised their voice against the Himachal Pradesh government’s recent decision to impose revised entry taxes on 04-to-26-seater tempo passengers from other states. In a media note they have stated that if their plea is not heard and the tax is not withdrawn, they will be forced to initiate a strike after 15 days.
Also read:SRT introduced to include untapped vehicles into tax regime
The tempo traveller union had expressed deep concerns about the financial strain imposed by the double taxation. General Secretary Ashok Punj and President Joginder Singh had issued a strong statement, stating that they are unable to meet the EMI payments for their tempo travellers, and the additional tax is adversely affecting the tourism sector in Himachal Pradesh.
The Union, comprising over 2,00,000 tempo travellers and more than 10,00,00 taxi drivers, along with various associations and unions, had seeked the intervention of Chief Minister Sukhwinder Singh Sukhu to reconsider this decision.
In response the State government had considered their demand as notification was issued November 1, reducing the tax. A spokesperson of the State government department had informed us that earlier the tax for Contract carriage with All India Tax Permit Rule (AITPR ) 2023 was fixed at the rate of Rs 3000/- per day has now been brought down to 1500/- per day. Similarly, tax per week for such vehicles with 23 and above seats, has been brought down to 6000/- per week. Earlier the same was 15000/-, which was too high and would have affected the pockets of transporters or the passengers.
However dissatisfied with this new taxation the Union has resorted to the court. “Himachal is part of India but Himachal government denied to accept AITP rules 2023, which allows commercial tourist vehicles to go anywhere in the country. “Himachal govt doing very wrong with tempo travellers,” stated the Union representatives.
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