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september 1999

Supreme Court of India · 1999-09-10

HINDUSTAN AERONAUTICS vs REGISTERING AUTHORITY

Citation / case number
SC 1995/5978
Court
Supreme Court of India
Petitioner
HINDUSTAN AERONAUTICS
Respondent
REGISTERING AUTHORITY
Author
R.C.LAHOTI S.R.BABU
Bench
R.C.LAHOTI S.R.BABU

Judgment text excerpt

The Supreme Court ruled that the vehicles operated by Hindustan Aeronautics Limited for transporting employees and their children do not qualify as 'contract carriage' under Section 2(7) of the Motor Vehicles Act, 1988, as there was no profit motive or contractual obligation involved. The Court emphasized that the mere collection of nominal charges does not transform the nature of the service provided. Consequently, the Court held that the appellant was not liable for the higher tax rate imposed by the Taxing Officer and allowed the appeal.

HINDUSTAN AERONAUTICS vs REGISTERING AUTHORITY · Niyam