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march 1976

Supreme Court of India · 1976-03-25

NATIONAL TRANSPORT COMPANY vs STATE OF BIHAR

Citation / case number
SC 1971/60154
Court
Supreme Court of India
Petitioner
NATIONAL TRANSPORT COMPANY
Respondent
STATE OF BIHAR
Bench
GOSWAMI, P.K.

Judgment text excerpt

The Supreme Court held that under Section 3(1) and (2) of the Bihar Taxation on Passengers and Goods (Carried by Public Service Motor Vehicles) Act, 1961, the term 'owner' as defined in Section 2(d) includes any person in charge of a vehicle for the purpose of business. The appellant, who was responsible for the transportation of cement and maintained records of the trucks used, was deemed to be in charge of the vehicles and thus liable for tax under the Act. The Court dismissed the appeal, affirming the imposition of tax and penalties for failure to register and submit returns as required by Sections 4 and 6 of the Act.

NATIONAL TRANSPORT COMPANY vs STATE OF BIHAR · Niyam