2010 (2) TMI 1300

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....VAT FOR RESPONDENT JUDGMENT 1. By way of this petition, the petitioner has prayed for the following reliefs : "[A] Your Lordships may be pleased to issue a writ of mandamus or any other appropriate writ, order or direction in the nature of mandamus and be further pleased to hold and declare, that the action impugned of respondent no. 3 detaining the scrap mobile crane and not releas....

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....e petitioner has filed a sealed bid for the purchase of Scrap Road Mobile Crane, 13.5 tone capacity old used and unserviceable lying at SSE (C & W) Hapa Custodian. However, the bid of the petitioner was accepted by respondent no. 4 on certain terms and conditions as stated in letter dated 10.01.2006 and other documents. While the said Scrap Road Mobile Crane was being taken by towing by another ve....

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....t no. 3 informed respondent no. 4 that respondent no. 4 being a Central Government Body, no fees are required to be paid by it. 2.1. Pursuant to the Memo dated 19.03.3006, the petitioner approached respondent no. 4 and inquired about the registration and payment of tax towards the said Scrap Road Mobile Crane. However, respondent no. 4 informed the petitioner vide letter dated 20.03.2006 that t....

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....Motors Vehicles Act, 1988, which reads as under : "Section2(28) : "Motor Vehicle" or "Vehicle" means, any mechanically propelled vehicle adopted for use upon roads whether the power of propulsion is transmitted thereto from an external or internal source and includes a chassis to which a body has not been attached and a trailer; but does not include a vehicle running upon fixed rails or a....