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Independent Schools' Federation Of India & Another v. State Of U.P.& Others - WRIT TAX No. 431 of 2000  RD-AH 1670 (18 July 2005)
CIVIL MISC. WRIT PETITION NO.431 OF 2000
Independent School's Federation of
India and another. ....Petitioners
State of U.P. And others. ....Respondents
Hon'ble R.K. Agrawal, J.
Hon'ble Rajes Kumar, J.
Petitioner claimed to be educational institution imparting education at different levels and owns vehicles for transportation of their students from residence to the schools vice versa. The claim of the petitioner is he is not liable for surcharge under section 6(3) of the U.P. Motor Vehicles Taxation Act, 1997 (hereinafter referred to as "the Act") and therefore, demand raised by the respondents is absolutely illegal.
Heard learned counsel for the parties.
There is no dispute that the petitioner is the educational institution and the vehicle owned by the petitioner is being used exclusively for carrying the students to and from the institution. The nominal amount is being charged from the students are to meet the recurring expenditure towards the maintenance and are not in the nature of hire or reward.
In the case of St. Mary's School, District Bhadohi and another in Writ Petition No.645 of 2004, decided on 08.07.2005, it has been held by this Court that the petitioner being educational institution and owner of the vehicle using the vehicle exclusively for the purpose of carrying the students to and from the institution are not liable to surcharge under section 6 (3) of the Act, in as much as their vehicle do not come within the purview of public service vehicle.
Respectfully following the aforesaid decision, the writ petition is allowed. Respondents are directed not to demand or levy surcharge under section 6(3) of the Act from the petitioner. Any amount if deposited towards surcharge, shall be refunded forthwith.
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