VidhiSangh

Supreme Court of India · 08/01/2026

ULTRATECH CEMENT LTD. versus THE STATE OF GUJARAT & ORS.

[2026] 1 S.C.R. 467 · 2026 INSC 43

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Summary

Heavy earth-moving and construction equipment vehicles (dumpers, loaders, excavators, surface miners, dozers, drills, rock breakers) used only inside the appellants' factory or enclosed premises, and carried there on trailers, are special-type vehicles excluded by the second limb of Section 2(28) of the Motor Vehicles Act, 1988. They are not taxable under the Gujarat Motor Vehicles Tax Act, 1958, both because Entry 57 of List II permits taxing only vehicles suitable for use on roads and because the First Schedule prescribes no rate for construction equipment vehicles.

Issues

  1. Whether heavy earth-moving machinery, special service vehicles and construction equipment vehicles used only within factory or enclosed premises are 'motor vehicles' under Section 2(28) of the Motor Vehicles Act, 1988.
  2. Whether such vehicles are liable to tax under Section 3 of the Gujarat Motor Vehicles Tax Act, 1958.

Provisions considered

Held

Result

Appeals allowed; impugned judgments of the Gujarat High Court set aside; no order as to costs.

Judgment PDF: Supreme Court of India, [2026] 1 S.C.R. 467.