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Vat Actupdated - RS Goyal & Associates

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12<br />

(2) The sale price of goods which are in the nature of tax paid goods in the hands of<br />

such dealer;<br />

(3) The amount collected by way of tax under Section 9 or<br />

the amount arrived at by applying the following formula :<br />

rate of tax X aggregate of sale prices<br />

100 + rate of tax<br />

Provided that no deductions on the basis of the above formula shall be<br />

made if the amount by way of tax collected by a registered dealer, in accordance with the<br />

provisions of this Act, has been otherwise deducted from the aggregate of sale prices.<br />

Explanation – Where the turnover of a dealer is taxable at different rates, the aforesaid<br />

formula shall be applied separately in respect of such part of the turnover liable to a different<br />

rate of tax under section 9 ; 2<br />

(y) 2 “Tax paid goods” in relation to goods specified in part III of schedule II on which tax is<br />

payable under section 9 means any such goods which have been purchased by a dealer<br />

from a registered dealer inside the State of Madhya Pradesh within the meaning of section 4<br />

of the central Sales Tax Act, 1956 (No. 74 of 1956). 2 (upto 31-07-2009)<br />

20<br />

(y) “Tax paid goods” in relation to goods specified in Part III of Schedule II and the<br />

goods notified under section 9-A, on which tax is payable under section 9, means<br />

any such goods which have been purchased by a dealer from a registered dealer<br />

inside the State of Madhya Pradesh within the meaning of section 4 of the Central<br />

Sales Tax Act, 1956 (No. 74 of 1956). 20 (from 01-08-2009)<br />

(z) ‘Turnover’ in relation to any period means the aggregate of the amount of sale prices<br />

received and receivable by a dealer in respect of any sale or supply or distribution of goods<br />

made during that period, whether or not the whole or any portion of such turnover is liable to<br />

tax but after deducting the amount, if any, refunded by the dealer to a purchaser, in respect<br />

of any goods purchased and returned by the purchaser within six months from the date of<br />

such sale:<br />

Provided that -<br />

(i) in the case of sale by bonafide agriculturist as defined in clause (e) of subsection<br />

(1) of Section 2 of the Madhya Pradesh Land Revenue Code, 1959<br />

(No.20 of 1959), of ghee produced by himself; or<br />

(ii) in case of sale by a person of agricultural or horticultural produce grown by<br />

himself or grown on any land in which he has an interest whether as owner,<br />

usufructuary mortgagee, tenant or otherwise, when such produce is sold in the<br />

form in which it was produced, without being subjected to any physical, chemical<br />

or other process for being made fit for consumption save mere dehusking,<br />

cleaning, grading or sorting, the amount of consideration relating to such sales,<br />

shall be excluded from his turnover;<br />

(a-1) " VAT" (Value Added Tax) means tax on sale or purchase of goods payable under<br />

this Act.<br />

(b-1) ‘Year’ means the twelve months ending on the 31st day of March.<br />

CHAPTER - II Taxing Authorities<br />

3 : Taxing Authorities and other Officers<br />

(1) There may be appointed a person to be the Commissioner of Commercial Tax and<br />

the following category of officers to assist him, namely :<br />

20 (a) Director of Commercial Tax

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