Era Services Group v. The State Of Telangana

THE HON'BLE SRI JUSTICE P. NAVEEN RAO WRIT PETITION No.5929 OF 2019 Date:22.03.2019 Between:

Era Services Group, rep., by Sri V S.R Naidu, S/o.Vadlamudi Sundara Raja, aged about 44 years, Occ: Proprietor, R/o.Plot No.82, HIG A, APHB Colony, Gachibowli Ranga Reddy District .. Petitioner And The State of Telangana, rep., by its Principal Secretary, Transport Department, Secretariat Buildings, Hyderabad, Telangana and others .. Respondents The Court made the following:

THE HON'BLE SRI JUSTICE P. NAVEEN RAO WRIT PETITION No.5929 OF 2019 ORDER:

Heard learned counsel for the petitioner and learned Government Pleader for Transport appearing for the respondents. 2.

This Writ Petition is filed aggrieved by the collection of life tax based on ex showroom price, whereas life tax should be collected on the invoice sale price of the vehicle.

3.

Both the learned counsel agree that the subject matter of the Writ Petition is squarely covered by the decision of the Division Bench of this Court in W.A.No.805 of 2018 and batch, dated 29.01.2019, by which the Division Bench upheld the decision of the learned Single Judge holding that the life tax has to be collected only based on the invoice sale price of the vehicle, but not on the ex showroom price for registration of the motor vehicle. 4.

Following the decision of the Division Bench of this Court in W.A.No.805 of 2018 and batch, dated 29.01.2019, and for the reasons stated therein, this Writ Petition is allowed in terms thereof. The respondents are directed not to insist the petitioner for payment of life tax on ex showroom price for registration of the motor vehicle bearing temporary registration No.TS09CETR0785 of Motor Car with Chases No.WBAKS4701J0Z95855 with engine No.0064Y196. Miscellaneous petitions, if any, pending in this Writ Petition shall stand closed.

____________________ P. NAVEEN RAO, J Date:22.03.2019 KH