VidhiSangh

Supreme Court of India · 29/08/2025

M/S TARACHAND LOGISTIC SOLUTIONS LIMITED versus STATE OF ANDHRA PRADESH & ORS.

[2025] 8 S.C.R. 2297 · 2025 INSC 1052

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Summary

The appellant's heavy-lifting motor vehicles were confined, under a contract, to the enclosed central dispatch yard of the Visakhapatnam Steel Plant, where entry is controlled by CISF. The Supreme Court held that the taxable event under Section 3 of the Andhra Pradesh Motor Vehicles Taxation Act, 1963 is the use or keeping for use of a vehicle in a 'public place', that the yard is not a public place as defined in Section 2(34) of the Motor Vehicles Act, 1988, and that Rule 12A of the Taxation Rules must be read in sync with the charging section, so the absence of a non-use intimation did not make the vehicles taxable for the period they remained inside the yard.

Issues

  1. Whether the premises of the Visakhapatnam Steel Plant, where the appellant's vehicles were exclusively used, constitute a 'public place' under the Andhra Pradesh Motor Vehicles Taxation Act, 1963.
  2. Whether vehicles used or kept for use only within such enclosed premises are liable to tax under Section 3 of the Act, and whether the absence of an intimation of non-use under Rule 12A of the Andhra Pradesh Motor Vehicles Taxation Rules, 1963 defeats the claim to exemption.

Provisions considered

Held

Result

Appeal allowed; Division Bench judgment dated 19.12.2024 in Writ Appeal No. 711 of 2023 set aside and the single Judge's judgment dated 13.06.2023, which directed refund of the tax paid under protest, restored; no order as to costs.

Judgment PDF: Supreme Court of India, [2025] 8 S.C.R. 2297.