Rajendra Babu, J. - (1.) Before the Kerala High Court petitions under Article 226 of the Constitution were filed challenging the exibility of excavators and road rollers to tax under the Act. The facts stated are as follows : The Entry Tax Act came into force on 5-7-1994. Under Section 3, tax is levied and collected on the entry of any motor vehicle into any local area for use or sale therein which is liable for registration in the State under the Motor Vehicles Act, 1988 at such rate or rates as may be fixed by the Government by notification. Constitutional validity of the Entry Tax Act was challenged before the High Court of Kerala but was upheld.
(2.) The Entry Tax Act defines a 'motor vehicle' as is defined under the Motor Vehicles Act. The High Court was influenced by the fact that registration is done under the Motor Vehicles Act and also requires licence for driving under that Act and these aspects clearly indicate that the vehicle is a 'motor vehicle'. So long as such vehicle is capable of being adapted for use on roads, it has necessarily to be held to be 'motor vehicle' and is liable to be taxed under the Act. On the contention that Section 18 of the Act which enables the registering authority to collect the tax even before the registration is not permissible is also rejected stating that the amount of entry tax paid under the Act is liable to be deducted out of the general sales tax payable by the appellant for the purchase of the vehicle, and dismissed the writ petitions.
(3.) The short question that arises for consideration in these appeals is whether 'motor vehicle' as defined in Section 2(28) of the Motor Vehicles Act would include excavators and road rollers so as to attract the levy under Kerala Tax on Entry of Motor Vehicles into Local Areas Act (hereinafter referred to as 'the Act'). The learned counsel for the appellant submitted that (i) the excavators and road rollers are not motor vehicles to fall under the definition of motor vehicle under Section 2(j) of the Act; (ii) even if the excavators and road rollers are construed to be motor vehicles for the purpose of the Motor Vehicles Act in order to regulate the usage thereof will not be a motor vehicle in the sense it is adaptable to be used on road inasmuch as excavators are used in an enclosed area while road rollers are used for the purpose of making roads and not as a vehicle on road; (iii) incidence of payment of entry tax before the registration is not proper. ;