TMI Blog2007 (2) TMI 57X X X X Extracts X X X X X X X X Extracts X X X X ..... category to the vehicles operated by the respondent. The learned Commissioner (Appeals) in his Order-in-Appeal has held that 4 vehicles having Registration Nos. GJ6X-9106, GJ6X-9119, GJ6X-9169 and GJ-6X-9140 are not tourist vehicle and do not fall within the scope of tourist Vehicle and hence any operation conducted by these 4 vehicles would not get covered under the category of 'Tour operator' under Section 65(52) of the Finance Act, 1994. It is against these findings that the Revenue has come up in appeal before us. 3. Learned SDR submits that the vehicles which are being plied by the respondent would be covered within the definition of tour operator inasmuch that the said vehicles are 'contract carriage' and they ar ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... length by both sides. At the outset it has to be decided whether the learned Commissioner (Appeals) was correct in coming to the conclusion that 4 vehicles which are in question are out of the ambit of 'tourist vehicle' or not. It can be seen that Section 2(43) of the Motor Vehicles Act, 1988 defines tourist vehicle as under :- (43) tourist vehicle means a contract carriage constructed or adapted and equipped and maintained in accordance with such specification as may be prescribed in this behalf; It can be noticed on careful reading of the above reproduced section that a 'tourist vehicle' has to conform to the specifications given under Rule 128 of Central Motor Vehicles Rules, 1988. The said Rule 128 of Central ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tour operator within the meaning of Section 65(52) of the Finance Act is that he must be engaged in the business of operating tours in a tourist vehicle in terms of Section 2(43) of the Motor Vehicles Act and in no other type of vehicle and, therefore, necessarily such vehicle must conform to the conditions prescribed under Rule 128 of the Central Motor Vehicles Rules. Their Lordships have categorically held that first to hold for a person to be considered a tour operator, he must be operating a tourist vehicle in terms of Section 2(43) of the Motor Vehicles Act read with Rule 128 of Central Motor Vehicle Rules. The evidence produced before the lower authorities and before us indicate that the respondent is not operating 'tourist ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ct reads as under :- (9) Notwithstanding anything contained in sub-section (1) but subject to any rules that may be made by the Central Government under sub-section (14), any State Transport Authority may, for the purpose of promoting tourism, grant permits in respect of tourist vehicles valid for the whole of India, or in such contiguous States not being less than three in number including the State in which the permit is issued as may be specified in such permit in accordance with the choice indicated in the application and the provisions of Sections 73, 74,80,81,82,83,84,85, 86 of sub-section (1) of Section 87 and Section 891 (sic) (89) shall, as for as may be, apply in relation to such permits. A plain reading of the above sub-s ..... X X X X Extracts X X X X X X X X Extracts X X X X
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