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Sale of used crane

Jinsho p v (Accountant) (55 Points)

18 March 2014  

Dear Experts.....

Whether the Sale of Used crane lorries, registered under kerala motor vehicle act,  be treated as the sale of used motor vehicle  to pay tax at concessional rate of .5% under the kerala VAT ACT ? In short whether crane lorries can be classified as motor vehicles ?  Is there any case laws to support your answers?


 1 Replies

Manoj Mehta (Head Of Department (Accounts & Finance))   (1479 Points)
Replied 18 March 2014

Dear 

Please Refer to link 

https://www.taxindiaonline.com/RC2/inside2.php3?filename=bnews_detail.php3&newsid=12064

In short you cannot classify JCBs as a motor vehical as per ITAT case it says as under 

"that the assessee's contention that JCBs are registered under the Motor Vehicles Act before the RTO, and therefore it has got the characteristics as that of motor buses, motor lorries etc. is not appreciable. Under section 2 of the Motor Vehicles Act, there are distinct definitions for motor car, contract carriage, goods carriage, heavy goods vehicle, heavy passenger motor vehicle, light motor vehicle, motor cycle etc. and last but not the least �Motor vehicle�. The general definition of motor vehicle as per section 2(28) of the Motor Vehicles Act, 1988, cannot be fitted into the Income-tax Act. The scope of the Motor Vehicles Act is to bring into its fold all kinds of moving objects plying on the roads under its ambit so as to provide safety measures and regulate traffic. Therefore, any objects which moves on the road by itself such as harvesting combines, road layers, cranes on wheels, etc. requires registration under the Motor Vehicles Act. However, while claiming depreciation under the Income-tax Act, only the relevant provisions of the Income-tax Act has to be applied"

Regards


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