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Delhi High Court to transport department: Register BS-III two-wheelers bought before March 31

India Today logo India Today 11-05-2017

Delhiites still waiting to get their BS-III two-wheelers registered have a ray of hope. The Delhi High Court has directed the city transport department to accept registration of vehicles that were bought before Supreme Court's deadline of March 31, but were not able to register them.

The direction applies to the non-registered dealers. The transport department had stopped accepting documents for the registration from these dealers as they could not make online payment of sales tax. The direction has come as a relief for the dealers. Several such dealers had moved the high court, saying the department was not considering the documents for registration and claimed that they have made the sale before the deadline.

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DIRECTION COMES AS A RELIEF

Around 1,000 BS-III two-wheelers and commercial vehicles were awaiting registration. Justice Sanjeev Sachdeva - before whom the plea was listed - asked the department to register the BS-III vehicles as the the apex court's orders provided that the dealers gave requisite proof that the sale was made before March 31.

Most of these vehicles were sold by "non-self registered dealers" who cover 50 per cent of the twowheeler market share. The Environment Pollution (Prevention and Control) Authority (EPCA) had allowed only those vehicles to be registered whose sales tax also has been paid by March 31.

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VEHICLES ALLOWED TO BE REGISTERED 

While self-registered dealers can easily pay the taxes online, others have to make the payment by visiting the motor-licencing offices. The registered dealers are those directly linked to the RTOs and register their sale online. On the other hand, non-registered dealers depend on manual registration. The court told the department that while verifying the quantum of sale, it may take into account the online proof of payment of insurance premium or issuance of policy prior to March 31, 2017.

INSURANCE DOCUMENTS TO BE TAKEN INTO ACCOUNT

Anumita Roychowdhury, executive director, Centre for Science and Environment said, "The direction from the High Court is on the lines of Supreme Court order that had banned the sale of the BS- III twowheelers after March 31. The insurance documents are a way of ascertaining the vehicles were bought before the deadline."

It also said if the above two conditions are not met, then the motor-licencing officer, who would verify the date of sale, cannot merely rely on the sale invoice provided by the dealer but would have to consider the tax payment receipts issued by statutory or regulatory bodies. The court also said the petitioner-dealers be allowed to present their vehicles for physical inspection till May 15. These directions, however, would be applicable on case-to-case basis and only to "non-self registering dealers", the court clarified in its order.

The order was based on the recommendations of the EPCA whose view was sought by the transport department as it was not sure how to verify date of sale of vehicles which were purportedly sold on or before March 31. The EPCA made a distinction between non-self registering and self registering dealers while laying down guidelines for registration of BS-III vehicles sold on or before March 31.

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