The Hon’ble Bench of Jammu and Kashmir High Court comprising of Justices Ali Mohammad Magrey and Justice Vinod Chatterji Koul while dealing with the issue of registration of vehicles in the instant case held that if a motor vehicle is registered in one state, it need not be registered in another state until and unless it is kept there for more than 12 months.
Additionally, the Hon’ble bench also stated that the owner of a motor vehicle must apply for a new registration mark in the registrar’s office from the Registering Authority where the vehicle is kept.
In the instant case, the Hon’ble court was hearing the petition filed challenging a circular released by the Regional Transport Office of Kashmir on 27th of March, 2021.
Following the circular released by the Regional Transport Office of Kashmir on 27th of March, 2021 wherein the authorities directed the owners of the motor vehicle who purchased their vehicles with a registration mark from outside the union territory of Jammu and Kashmir is be required to apply for a new registration mark in compliance with Section 47 and 50 of the Motor Vehicle Act, 1988 (hereinafter referred to as “MV Act, 1988”) and Rule 54 of Central Motor Vehicle Rules, 1989 within a period not exceeding 15 days.
Subsequently, the Hon’ble bench of the Hon’ble HC after reviewing the Act’s provisions is of the view that once a company is registered in one of India’s states, it is not necessary/required for a company to be registered elsewhere in the country.
However, the Hon’ble court stated that only after a motor vehicle registered in one state has been kept in another state for more than twelve months (12) the owner of the vehicle may apply to the registering authority for registration of the motor vehicle in that particular state where the vehicle is currently located.
Moreover, the Hon’ble court while pronouncing the verdict in the instant case also held that a lifetime tax, which is imposed at the time of registration of the motor vehicle under Section 3 of the MV Act, 1988 cannot be imposed on a vehicle that is registered solely based on a presumption that a vehicle registered outside the Union Territory of J&K has remained in the Union Territory of J&K for more than 12 months.
