Vat Actupdated - RS Goyal & Associates
Vat Actupdated - RS Goyal & Associates
Vat Actupdated - RS Goyal & Associates
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11<br />
(ii) in the case of unascertained or future goods, at the time of their<br />
appropriation to the contract of sale or purchase by the seller or by the<br />
purchaser, whether the assent of the other party is prior or subsequent<br />
to such appropriation; and<br />
(b) Where there is a single contract of sale or purchase of goods situated at more<br />
places than one, the provisions of clause (a) shall apply as if there were<br />
separate contracts in respect of the goods at each of such places;<br />
2 (c) Notwithstanding anything to the contrary contained in this Act or any other<br />
law for the time being in force, two independent sales or purchases shall, for<br />
the purposes of this Act, be deemed to have taken place,<br />
(i) when the goods are transferred from a principal to his selling agent<br />
and from the selling agent to the purchaser, or<br />
(ii) when the goods are transferred from the seller to a buying agent<br />
and from the buying agent to his principal. 2<br />
23. (d) Notwithstanding anything to the contrary contained in this Act or any other<br />
law for the time being in force, two independent sale or purchase shall, for the<br />
purposes of this Act, be deemed to have taken place, when the goods<br />
specified in Schedule II are transferred from a unit of a dealer to another unit<br />
of the same dealer for sale or for consumption or use in / for manufacture of<br />
goods specified in Schedule II in such unit and the dealer holds separate<br />
23.<br />
registration certificate for each of such units. (with effect from<br />
01.08.2009)<br />
(v) "Sale price" means the amount or any other consideration payable to a dealer as<br />
valuable consideration for the sale of any goods less any sum allowed as 3 discount<br />
according to ordinary trade practice but inclusive of any sum charged for anything done<br />
by the dealer in respect of the goods at the time of or before delivery thereof other than<br />
the cost of freight or delivery or the cost of installation when such cost is separately<br />
charged.<br />
Explanation - (i) Where goods are sold on hire purchase or any system of payment by<br />
installments, the sale price of such goods shall be exclusive of<br />
insurance charges, interest and hire charges and such other charges<br />
as may be prescribed.<br />
(ii) Where goods are sold by way of transfer of right to use such goods,<br />
the sale price thereof shall be the amount of valuable consideration<br />
received or receivable by the transferor for such transfer ;<br />
3/4<br />
(iii) Discount at the time of sale as evident from the invoice shall be<br />
excluded from the sale price but any ex post facto grant of discounts<br />
or incentives or rebates or rewards and the like shall not be excluded;<br />
4<br />
(iv) The amount of valuable consideration paid or payable to a dealer for<br />
sale of drugs and medicines specified in entry 10 of part III of<br />
Schedule II shall be the maximum retail price printed on the package<br />
containing the drugs and medicines, for the purposes of levy of tax<br />
under section 9; 4<br />
(w) " Tax "means the tax payable under this Act.<br />
(x) 2 “Taxable turnover" in relation to a dealer for any period means that part of dealer's<br />
turnover which remains, after deducting therefrom :-<br />
(1 )The sale price of goods declared tax free under Section 16;