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april 2004

Supreme Court of India · 2004-04-08

State Of Gujarat & Ors vs Akhil Gujarat Pravasi V.S. Mahamandal & ...

Citation / case number
AIR 2004 SUPREME COURT 3894
Court
Supreme Court of India
Petitioner
State Of Gujarat & Ors
Respondent
Akhil Gujarat Pravasi V.S. Mahamandal & ...
Author
G.P. Mathur
Bench
S. Rajendra Babu, G.P. Mathur

Judgment text excerpt

The Supreme Court upheld the High Court's decision striking down Sections 3A(1) and (2) of the Bombay Motor Vehicles Tax Act, 1958, and Rule 5 of the Bombay Motor Vehicles Tax Rules, 1959, which imposed tax on vehicles not in use. The Court ruled that the amendments made by Gujarat Act No.9 of 2002 to validate the tax collection were unconstitutional as they violated the principles of fairness and justice. Consequently, the State was directed to refund the tax collected from the respondents for non-used vehicles within three months.

State Of Gujarat & Ors vs Akhil Gujarat Pravasi V.S. Mahamandal & ... · Niyam