TMI BlogDefinitionsX X X X Extracts X X X X X X X X Extracts X X X X ..... (ii) any trade, commerce or manufacture; (iii) any adventure or concern in the nature of trade, commerce or manufacture; (iv) any transaction in connection with, or incidental or ancillary to, such trade, commerce, manufacture, adventure or concern; and (v) any occasional transaction in the nature of such service, trade, commerce, manufacture, adventure or concern whether or not there is volume, frequency, continuity or regularity of such transaction; whether or not such service, trade, commerce, manufacture, adventure or concern is carried on with a motive to make gain or profit and whether or not any gain or profit accrues from such service, trade, commerce, manufacture, adventure or concern; Explanation : For the purpose of this clause - (i) any transaction of sale or purchase of capital assets pertaining to such service, trade, commerce, manufacture, adventure or concern shall be deemed to be business; (ii) purchase of any goods, the price of which is debited to the business and sale of any goods, the proceeds of which are credited to the business shall be deemed to b ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n or in connection with or incidental to or in the course of the business; (iii) a local branch of a firm or company or association of persons, outside Delhi where such firm company, association of persons is a dealer under any other sub-clause of this definition; (iv) a club, association, society, trust, or cooperative society, whether incorporated or unincorporated, which buys goods from or sells goods to its members for price, fee or subscription, whether or not in the course of business; (v) an auctioneer, who sells or auctions goods whether acting as an agent or otherwise or, who organizes the sale of goods or conducts the auction of goods whether or not he has the authority to sell the goods belonging to any principal, whether disclosed or not and whether the offer of the intending purchaser is accepted by him or by the principal or a nominee of the principal; (vi) a casual trader; (vii) any person who, for the purposes of or consequential to his engagement in or in connection with or incidental to or in the course of his business disposes of any goods as unclaimed or confiscated, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f a works contract, lease or hire-purchase or those to be used in the fitting out, improvement or repair of movable 17 [or immovable] property; (n) goods vehicle means a motor vehicle, vessel, boat, animal and any other form of conveyance used for carrying goods; (o) Government means the Lieutenant Governor of the National Capital Territory of Delhi appointed by the President under article 239 and designated as such under article 239AA of the Constitution; (p) import of goods into Delhi means taking, receiving, bringing, carrying, transporting, or causing to bring or receive goods into Delhi from any place outside Delhi; Explanation : In the case of goods arriving in Delhi from a foreign country through Customs, the import of the goods in Delhi occurs at the place where the goods are cleared by Customs for home consumption; (q) importer means - (i) a person who brings his own goods into Delhi; or (ii) a person on whose behalf another person brings goods into Delhi; or (iii) in the case of a sale occurring in the circumstances referred ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ause of this clause) who also holds forty per cent or more of the outstanding voting stock or shares of the dealer; or (vi) is controlled by the dealer, a person whom the dealer controls, or is a person who is controlled by the same person who controls the dealer; (zb) relative means a relative as defined in clause 41 of section 2 of the Companies Act, 1956 (1of 1956); (zc) sale with its grammatical variations and cognate expression means any transfer of property in goods by one person to another for cash or for deferred payment or for other valuable consideration (not including a grant or subvention payment made by one government agency or department, whether of the central government or of any state government, to another) and includes- (i) a transfer of goods on hire purchase or other system of payment by installments, but does not include a mortgage or hypothecation of or a charge or pledge on goods; (ii) supply of goods by a society (including a co-operative society), club, firm, or any association to its members for cash or for deferred payment or for commission, remuneration or othe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... der the Central Excise Act, 1944 (1 of 1944) or the Customs Act, 1962 (52 of 1962) , or the Delhi Excise Act, 2009 (Delhi Act 10 of 2010) whether such duties are payable by the seller or any other person; and] (vi) amount received or receivable by the seller by way of deposit (whether refundable or not) which has been received or is receivable whether by way of separate agreement or not, in connection with, or incidental to or ancillary to the sale of goods; (vii) in relation to works contract means the amount of valuable consideration paid or payable to a dealer for the execution of the works contract; less - (a) any sum allowed as discount which goes to reduce the sale price according to the practice, normally, prevailing in trade; (b) the cost of freight or delivery or the cost of installation in cases where such cost is separately charged; and the words purchase price with all their grammatical variations and cognate expressions, shall be construed accordingly; 7 [***] 9 [ 10 [***]] 15 [ Provided that wher ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... x period, 8 [ excluding ] any input tax; (zm) turnover means the aggregate of the amounts of sale price received or receivable by the person in any tax period, reduced by any tax for which the person is liable under section 3 of this Act; (zn) value of goods means the fair market value of the goods at that time including insurance charges, excise duties, countervailing duties, tax paid or payable under the Central Sales Tax Act, 1956 (74 of 1956) in respect of the sale, transport charges, freight charges and all other charges incidental to the transaction of the goods; (zo) works contract includes any agreement for carrying out for cash or for deferred payment or for valuable consideration, the building construction, manufacture, processing, fabrication, erection, installation, fitting out, improvement, repair or commissioning of any moveable or immovable property; (zp) year means the financial year from the first day of April to the last day of March; (2) Unless otherwise specified in this Act- (a) words importing the masculine gender shall include the feminine gender; ( ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nition); (v) a local branch of a firm or company or association of persons, outside Delhi where such firm, company, association of persons is a dealer under any other sub-clause of this definition; (vi) a club, association, society, trust, or cooperative society, whether incorporated or unincorporated, which buys goods from or sells goods to its members for price, fee or subscription, whether or not in the course of business; (vii) an auctioneer, who sells or auctions goods belonging to any principal, whether disclosed or not and whether the offer of the intending purchaser is accepted by him or by the principal or a nominee of the principal; (viii) a casual trader; or (ix) any person who, for the purposes of or in connection with or incidental to or in the course of his business disposes of any goods as unclaimed or confiscated, or unserviceable or scrap, surplus, old, obsolete or as discarded material or waste products by way of sale; 6. Insertedvide DVAT (Amendment Act, 2005; No. F.14.(6)/LA-2005/112, Dated 28.03.2005. w.e.f. 01.04.2005. 7. Inserted vide Notification No. F.14(6)/LA-2011/lclaw/193, dated 17/09/2011 Further Omitted vide Notification No ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d proviso shall have effect to the extent of the remaining increase: PROVIDED also that the aforesaid proviso shall not take effect till the benefit is passed on to the consumers. 11. Explanation.-' shall be numbered as after 'Explanation,-1' so re-numbered, Explanalion,'-2' inserted vide Notification No.F.14(13)/LA-2012/law/179.,dated 28-12-2012 , 12. Substituted vide THE DELHI VALUE ADDED TAX (AMENDMENT) ACT, 2013 (DELHI ACT 01 OF 2013) w.e.f. April 1, 2013 before it was read as '(ix)'. 13. Substituted vide THE DELHI VALUE ADDED TAX (AMENDMENT) ACT, 2013 (DELHI ACT 01 OF 2013) w.e.f. April 1, 2013 before it was read as 'section'. 14. Substituted vide THE DELHI VALUE ADDED TAX (AMENDMENT) ACT, 2013 (DELHI ACT 01 OF 2013) w.e.f. April 1, 2013 before it was read as amount of duties levied or leviable on the goods under the Central Excise Act, 1944 (1 of 1944) or the Customs Act, 1962 (52 of 1962), or the Punjab Excise Act, 1914 (1 of 1914) as extended to the National Capital Territory of Delhi whether such duties are payable by the seller or any other person; and 15. Inserted vide THE DELHI VALUE A ..... X X X X Extracts X X X X X X X X Extracts X X X X
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