CourtMesh

Section 12: Application for refund under section 9

The Bombay Motor Vehicle Tax Rules, 1959State Rules of Gujarat · 1958

(1) Any person claiming a refund under sub-sections (1),(2),(3), or

(4) of section 9 or on the ground that he has paid more tax than is due from him shall submit an application in Form “DT” to the Taxation Authority within whose jurisdiction the motor vehicle is registered or in case of the ownership of a motor vehicle is transferred or the owner of motor vehicle has changed the address, where such transfer of ownership of the vehicle or change of address has been recorded in the certificate of registration of the vehicle, stating the grounds on which the refund is claimed.

(1A) Any person claiming a refund under sub-section (5) of section 9 shall submit an application in form “DT-1 to the Taxation Authority within whose jurisdiction the motor vehicle is registered or in case of the ownership of a motor vehicle is transferred or the owner of a motor vehicle has changed the address, where such transfer of ownership of the vehicle or change of address has been recorded in the certificate of registration of the vehicle, stating the ground on which the refund is claimed.

(2) Every such application shall be accompanied by the certificate of taxation and the receipt issued in respect of such vehicle.

(3) No application claiming refund under clause (b) of sub-section

(4) of section 9 shall be entertained if it is made more than six months after the expiry of the period for which the refund is claimed.

- 11 - 12-A. Principles determining the amount of refund under sub-section(5) of section 9.-

(1) The person who has paid the lump sum tax under sub-section (IAB) of section 4, shall be entitled to a refund of tax at the rates fixed by the State Government by notification in the Official Gazette, but not exceeding the maximum rates specified in the “APPENDIX” annexed to these Rules.

(2) The refund of tax shall be granted by the Taxation Authority,-

(i) in the case of removal of a motor vehicle outside the State of Gujarat on transfer of ownership or on change of address, only on production of sufficient proof of its registration outside the State of Gujarat;

(ii) in the case of cancellation of registration of motor vehicle, only on the production of a certificate from the registering authority to that effect;

(iii) in the case of alteration or change in use of motor vehicle in such manner as to cause such motor vehicle liable to payment of tax at a rate fixed by the State Government under section 3 having regard to the maximum rates specified in the First Schedule appended to the Act, only on the production of a certificate from the registering authority to that effect.

Where this provision sits

ActThe Bombay Motor Vehicle Tax Rules, 1959
Section12
Marginal noteApplication for refund under section 9
JurisdictionState of Gujarat
StatusIn force as published by the source

Find the provision, not just read it

The full text above is free, and it stays free. What a free CourtMesh account adds is everything you cannot do by reading one page at a time:

  • Search 49,000+ Central and State enactments by what a provision says, not by its number
  • Jump from any section to every judgment that has applied it
  • Search 300 million+ Indian court records alongside the statute
  • Ask a research agent to find and read the case law on a provision for you

Free account. No card. About a minute to create.

Create a free account

Need this as data, not as a page? The Bombay Motor Vehicle Tax Rules, 1959 is one of 49,000+ enactments on CourtMesh. The Indian court cases API serves the case law that cites these provisions over JSON, with API documentation and plans and pricing. See also the judgment library.