HC: Consider insurance receipt as proof of BS-III 2-wheeler sale date

PROVIDING RELIEF to dealers who had sold BS-III two-wheelers before March 31, the Delhi High Court has told the city’s transport department that while verifying date of sale of BS-III two-wheelers prior to registration, it could take into account the dates of online payment of insurance premium or issuance of insurance certificate.

Justice Sanjeev Sachdeva, however, clarified that the directions were applicable only for “non-self registering dealers”, who cannot make online payment of sales tax. In the absence of the documents, tax payment receipts issued by regulatory/statutory bodies can be considered, said the judge adding, the petitioner-dealers be allowed to present their vehicles for physical inspection till May 15.

Earlier, highlighting that the “health of people was far, far more important than the commercial interests of manufacturers”, the Supreme Court had imposed a complete ban on the sale of Bs-iii-compliant vehicles in India from April 1 onward. The court had clarified that while sales were to close April 1 onwards, vehicles sold till a day before will be registered by authorities.

Some dealers had then moved the High Court saying the department was not considering the documents for registration and claimed that they made the sale before the deadline.

Following the plea in the High Court, the Environment Pollution Prevention and Control Authority (EPCA) recommended the transport department to distinguish between the dealers who had the facility of making online payment of sales tax (selfregistering dealers) and those without the provision.

Archives Delhi and NCR saw a rush for BS III two-wheelers after the SC banned its sale after March 31, 2017.