Vijay strikes HC in opposition to entry tax on BMW automobile

Business Taxes Division had warned him of civil arrest and attachment of properties if he didn’t pay ₹38.21 lakh

Business Taxes Division had warned him of civil arrest and attachment of properties if he didn’t pay ₹38.21 lakh

Tamil movie actor C. Joseph Vijay has filed a brand new writ petition within the Madras Excessive Courtroom difficult a discover issued by Business Taxes Division on September 17, 2021 demanding ₹7.98 lakh as entry tax, together with penalty of ₹30.23 lakh for having imported a BMW X5 luxurious automobile from the U.S. in 2005.

Justice C. Saravanan on Friday directed the Extra Authorities Pleader Richardson Wilson to take discover on behalf of the division and acquire directions by Tuesday. He clubbed the actor’s case with comparable writ petitions already filed by movie musician Harris Jayaraj and Adyar Gate Motels for listening to them collectively.

When the actor’s counsel A.N.R. Jayaprathap submitted to the courtroom that authorities officers had threatened to provoke restoration proceedings him, the actor remitted ₹7.98 lakh below protest, the choose instructed the AGP to make sure that no coercive motion was taken till the case was determined.

The actor stated he had imported the BMW, on fee of essential import obligation, since there have been no authorised sellers in Chennai at that time of time. Then, there was additionally uncertainty over the applicability of Tamil Nadu Tax on Entry of Motor Automobiles into Native Areas Act of 1990.

In a single case associated to entry tax, a single choose of the Madras Excessive Courtroom had adopted Kerala Excessive Courtroom’s 1999 judgment in Fr. William Fernandez’s case and held that State authorities couldn’t levy entry tax. Nonetheless, one other single choose had taken a opposite view and therefore the matter was referred to a Division Bench.

Lastly, the problem obtained resolved solely in 2017 when the Supreme Courtroom overturned Kerala Excessive Courtroom’s verdict. Within the meantime, Mr. Vijay stated that he filed a writ petition within the Madras Excessive Courtroom in 2005 in opposition to demand of entry tax on his BMW and obtained an interim order to get the automobile registered with the Regional Transport Workplace involved.

After utilizing it for 4 years, he offered the automobile to Deepak Murali in 2009. Nonetheless, the 2005 writ petition remained pending and obtained dismissed by Justice M. Dhandapani solely on June 28, 2019. Subsequently, the division had handed the evaluation order and demanded the tax with penalty.

Since there was a delay in replying to the demand discover as a result of the actor was busy with outside movie shootings, the official involved issued a restoration discover on December 17 stating that non-payment of ₹38.21 lakh may result in attachment of financial institution accounts, movable properties and in addition civil arrest.

“Subsequently, the petitioner was constrained to pay ₹7.98 lakh below protest and problem the September 17, 2021 order,” he stated and urged the courtroom to quash the demand discover in addition to the following restoration discover.

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