Contractual tolerance requires consideration; breach recoveries, qualifying public infrastructure services and road works escape service tax liability...
Personal hearing requirements in GST adjudication were satisfied by prior opportunities and written submissions; appellate limitation received writ-pe...
The case revolves around the interpretation of the definitions of "motor vehicle" and "vehicle" under the Motor Vehicles Act, 1988 and the Orissa Entry Tax Act, 1999, concerning the levy of entry tax on a tractor trailer. The High Court held that the product manufactured by the petitioner, being a tractor trailer without a motor, cannot be classified as a "motor vehicle" u/s 2(h) of the Entry Tax Act, which excludes tractors from the definition. It falls within the definition of "vehicle" u/s 2(28) of the Motor Vehicles Act, 1988. As there is no separate definition of "vehicle" in the Entry Tax Act, the levy of entry tax on the tractor trailer is not permissible. Consequently, the petition was allowed in favor of the petitioner.
The case revolves around the interpretation of the definitions of "motor vehicle" and "vehicle" under the Motor Vehicles Act, 1988 and the Orissa Entry Tax Act, 1999, concerning the levy of entry tax on a tractor trailer. The High Court held that the product manufactured by the petitioner, being a tractor trailer without a motor, cannot be classified as a "motor vehicle" u/s 2(h) of the Entry Tax Act, which excludes tractors from the definition. It falls within the definition of "vehicle" u/s 2(28) of the Motor Vehicles Act, 1988. As there is no separate definition of "vehicle" in the Entry Tax Act, the levy of entry tax on the tractor trailer is not permissible. Consequently, the petition was allowed in favor of the petitioner.
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