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Issues:
Challenge to recovery of penalty under Bihar Motor Vehicles Taxation Act for sales tax allegedly due from dealers of two wheelers in Jharkhand. Analysis: 1. The petitioners, dealers in two wheelers, challenged notices for recovery of sales tax and penalty under the Bihar Motor Vehicles Taxation Act. The challenge was focused on the penalty aspect as their tax liability was established by a previous judgment. The Commercial Taxes Department claimed the dealers were liable for tax and penalty under Section 6 of the Taxation Act since the Act's inception. The petitioners argued that two wheelers they dealt with should not be considered motor vehicles under the Act, but the Court rejected this argument, citing the definition of motor vehicles in the Motor Vehicles Act adopted by the Taxation Act. 2. The Telco v. State of Bihar case upheld the validity of the Taxation Act and clarified that tax under Section 6 applied to dealers of two and three-wheelers. Another judgment, Telco v. State of Jharkhand, rejected challenges to the Taxation Act's validity and upheld the demand for tax, allowing dealers to show cause against penalty imposition. The Court emphasized that the liability to penalty was justified under Section 23 of the Taxation Act and Rule 4 of the Taxation Rules, which mandated penalties for delayed tax payments. 3. Rule 4 of the Bihar Motor Vehicles Taxation Rules specified penalties for late tax payments, and its validity was upheld in Lal Mohan Singh v. State of Bihar. The Court highlighted that Section 23 of the Taxation Act, along with Rule 4, mandated penalties for delayed tax payments without granting discretion to the taxing authority. The Court drew parallels with a Supreme Court decision to affirm that prescribed penalties were non-negotiable under the Act. 4. Despite previous opportunities for dealers to contest penalty imposition, the Court emphasized that the statutory provisions mandated penalties for delayed tax payments. The Court rejected claims of discretionary penalty reduction and upheld the demand for penalties as per the prescribed rates under the Taxation Act and Rules. The Court dismissed the writ petitions without costs, finding no merit in the challenges raised by the dealers of two wheelers in Jharkhand under the Bihar Motor Vehicles Taxation Act.
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