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MOTOR VEHICLE REGISTRATON ACT

This query is : Resolved 
 

(Querist)
04 August 2009

I AM WORKING IN STATE BANK OF PATIALA(NATIONALIZED BANK) AS AN OFFICER .AS PER THE OFFICER SERVICE CONDITION ACT MY JOB IS ALL INDIA TRANSFERRABLE AND
I GET TRANSFER ON AN AVVERAGE EVERY THREE YEAR.
I AM HAVING A CAR REGISTERED WITH R.T.A.MUZAFFARPUR BIHAR WHEREIN I HAVE PAID LIFETIME TAX FOR MY CAR IN ONE TIME.
NOW I HAVE BEEN TRANSFRED TO A.P.STATE, IN SUCH CASE AM I SUPPOSED TO PAY REGISTRATON TAX OF A.P. STATE? IF YES THEN HOW DO THE R.T.A. OF THAT STATE ARRIVE AT THE TAX AMOUNT TO BE REDEPOSITED AS AGAIN I AM NOT GOING TO STAY HERE PERMANENTLY.


Advocate SK Rohilla New Delhi (Expert)
04 August 2009

Dear Sanjay
Apply for N.O.C from RTA Muzzafarnagar for which you have to pay a reasonable fee. Thereafter deposit the same NOC with RTA of the Place where you have transferred. New RTA would charge reasonable administrative fee for a-fresh registration but in no case you are required to pay registration tax second time.

All the best

Kiran Kumar (Expert)
04 August 2009

i dont find any reasons for multiple taxation on u.

read the following provisions of the Motor Vehicles Act, 1988

46. Effectiveness in India of registration.

Subject to the provisions of section 47, a motor vehicle registered in accordance with this Chapter in any State shall not require to be registered elsewhere in India and a certificate of registration issued or in force under this Act in respect of such vehicle shall be effective throughout India.

47. Assignment of new registration mark on removal to another State.

(1) When a motor vehicle registered in one State has been kept in another State, for a period exceeding twelve months, the owner of the vehicle shall, within such period and in such form containing such particulars as may be prescribed by the Central Government, apply to the registering authority, within whose jurisdiction the vehicle then is, for the assignment of a new registration mark and shall present the certificate of registration to that registering authority:

Provided that an application under this sub-section shall be accompanied-


(i) by the no objection certificate obtained under section 48, or

(ii) in a case where no such certificate has been obtained, by-


(a) the receipt obtained under sub-section (2) of section 48; or

(b) the postal acknowledgment received by the owner of the vehicle if he has sent an application in this behalf by registered post acknowledgment due to the registering authority referred to in section 48,


together with a declaration that he has not received any communication from such authority refusing to grant such certificate or requiring him to comply with any direction subject to which such certificate may be granted:

Provided further that, in a case where a motor vehicle is held under a hire-purchase, lease or hypothecation agreement, an application under this subsection shall be accompanied by a no objection certificate from the person with whom such agreement has been entered into, and the provisions of section 51, so far as may be, regarding obtaining of such certificate from the person with whom such agreement has been entered into, shall apply.

(2) The registering authority, to which application is made under sub-section (1), shall after making such verification, as it thinks fit, of the returns, if any, received under section 62, assign the vehicle a registration mark as specified in sub-section (6) of section 41 to be displayed and shown thereafter on the vehicle and shall enter the mark upon the certificate of registration before returning it to the applicant and shall, in communication with the registering authority by whom the vehicle was previously registered, arrange for the transfer of the registration of the vehicle from the records of that registering authority to its own records.

(3) Where a motor vehicle is held under a hire-purchase or lease or hypothecation agreement, the registering authority shall, after assigning the vehicle a registration mark under sub-section (2), inform the person whose name has been specified in the certificate of registration as the person with whom the registered owner has entered into the hire-purchase or lease or hypothecation agreement (by sending to such person a notice by registered post acknowledgment due at the address of such person entered in the certificate of registration the fact of assignment of the said registration mark).

(4) A State Government may make rules under section 65 requiring the owner of a motor vehicle not registered within the State, which is brought into or is for the time being in the State, to furnish to the prescribed authority in the State such information with respect to the motor vehicle and its registration as may be prescribed.

(5) If the owner fails to make an application under sub-section (1) within the period prescribed, the registering authority may, having regard to the circumstances of the case, require the owner to pay, in lieu of an

RAKHI BUDHIRAJA ADVOCATEOnline (Expert)
04 August 2009

Well doene Mr. Kiran Kumar.

Adv. Prashant Mali [MSc(CS),LL (Expert)
04 August 2009

there is no question of double taxation , if you have retained your tax reciept produce it before AP RTA, fill the form for transfer registration and extra amount for number change if you desired

Sarvesh Kumar Sharma Advocate (Expert)
04 August 2009

Sajay,
tax is a state policy ,when u pay state tax to yr state then if you will not trnsfer yr car's no. to any other state then it is o.k. that u r entitle yr car to carry 2 d other state but if u r appling other state redg. no. then it is must to follow the state road tax law.

charudureja (Expert)
10 August 2009

I agree with Mr. Kiran Kumar once u have deposited a vehicle tax at any place in india u need not to deposit it at another place.



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