Supreme Court of India
Ultratech Cement Limited v. The State of Gujarat
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What the Court ordered
For the above reason that the Ministry of Road Transport and Highways (MoRTH) had issued circular dated 13.07.2020 to clarify that vehicles as used by the appellants i.e., vehicles of special type or those used in construction activity, if are not being run on roads, do not qualify to be motor vehicles and regular registration.
Judgment, page 12
From the headnote
Issue for Consideration Issue arose whether Heavy Earth Moving Machinery or special services vehicles or any construction equipment vehicles such as Dumpers, Loaders, Excavators, Surface Miners, Dozers, Drills, Rock Breakers etc. are “motor vehicles” within the ambit of s.2(28) of the Motor Vehicles Act, 1988 and are liable to be taxed under the Gujarat Motor Vehicles Tax Act, 1958. Headnotes† Gujarat Motor Vehicles Tax Act, 1958 – s.3(1) – Motor Vehicles Act, 1988 – s.2(28) – Motor Vehicles – Road Tax – Heavy Earth Moving Machinery or special services vehicles or any construction equipment
Authorities it was built on
- 1981 K.P. Varghese v. The Income-tax Officer, Ernakulam, and Another
- 1974 Bolani Ores Ltd. Etc. v. State of Orissa Etc.
- 1981 Western Coalfields Ltd. v. Special Area Development Authority, Korba and Anr.
- 2004 State of Gujarat and Ors. v. Akhil Gujarat Pravasi V.S. Mahamandal and Ors.
- 2005 Natwar Parikh and Co. Lid. v. State of Karnataka and Ors.
- 2013 Chairman, Rajasthan State Road Transport Corporation & Ors. v. Smt. Santosh & Ors.
- 1980 Travancore Tea Co. Ltd. Etc. v. State of Kerala and Ors.
- 1992 Central Coal Fields Ltd. v. State of Orissa and Ors.
- 1996 The Chief General Manager, Jagannath Area and Ors. v. State of Orissa and Ors.
- 1992 Union of India and Ors. Etc. Etc. v. Chowgule and Co. Pvt. Ltd. Etc. Etc.
- 2001 Bose Abraham Etc. v. State of Kerala and Anr.
- 2025 M/s Tarachand Logistic Solutions Limited v. State of Andhra Pradesh & Ors.
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