TaxTMI 
TaxTMI 
Definitions
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.... 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 be business; 16[(e) "business premises" includes -- (i) the address of a dealer, registered with the Commissioner; (ii) any building or place used by a person for the conduct of his business. except for those parts of the building or....
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.... 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, or as unserviceable or scrap, surplus, old, obsolete or as discarded material or waste products by way of sale; Explanation: For the purposes of this clause, each of the following persons, bodies and entities who sells any goods whether in the course of his business, or by auction or otherwise, directly or through an agent for cash or for deferred payment or for any other valuable consideration....
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....r 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 to in sub-section 2 of section 6 of the Central Sales Tax Act, 1956 (74 of 1956), the person in Delhi to whom the goods are delivered; (r) "input tax" in relation to the purchase of goods, means the proportion of the price paid by the buyer for the goods which represents tax for which the selling dealer is liable under this Act; 6[(ra)"manufacture" with its grammatical variations and cognate expressions, means producing, making, extracting, altering, ornamenting, finishing or otherwise processing, treating or adapting any goods, but does not include any such process or mode of manufacture as may be prescribed; Rule 2(5)] (s) "net tax" means the....
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....se 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 other valuable consideration, whether or not in the course of business; (iii) transfer of property in goods by an auctioneer referred to in sub-clause (vii) of clause (j) of this section, or sale of goods in the course of any other activity in the nature of banking, insurance who in the course of their main activity also sell goods repossessed or re-claimed; (iv) transfer, otherwise than in pursuance of a contract, of property in any goods for cash, deferred payment or other valuable consideration; (v) transfer of property in goods (whether as goods or in some other form) involved in the execution of a works contract; (vi) transfer of the right to use any goods for any purpose (whether or not for a specified period) for cash, deferred payment or other valuable consideration; (vii) supply, by way of or as part of any service or in any other manner whatsoever, of....
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....ler makes sale of good's imported into the territory of India, the sale price shall be greater of the following. (a) the valuable consideration received or receivable by the dealer, (b) value determined by the Custom authorities for payment of custom duty at the time of the import of such goods.] 18[ PROVIDED that an amount equal to the increase in the prices of petrol and diesel (including the duties and levies charged thereon by the Central Government) taking effect from the 6th June, 2006 shall not form part of the sale price of petrol and diesel sold on and after the date of the promulgation of this Ordinance till such date as the Government may, by notification in the official Gazette, direct: PROVIDED FURTHER that the first proviso shall not take effect till the benefit is passed on to the consumers.] 11[Explanation.1]- A dealer's sale price always includes the tax payable by it on making the sale, if any; Explanation.-2 The amount received or receivable by oil marketing companies for the sale of diesel and petrol shall be deemed to be equivalent to the price on which the retail outlets will sell these commodities to the consumer,] (ze) "Schedule"....
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....y, photography and other methods of representing or reproducing words in a visible form; and (d) with reference to a person who is unable to sign his name, the words "signature" shall include his thumb impression or other mark duly attested to signify his signature. ---------------------- Notes:- 1. Inserted vide DVAT (Amendment Act, 2005; No. F.14.(6)/LA-2005/112, Dated 28.03.2005. w.e.f. 01.04.2005. 2. Re-lettered from "(iii)" to "(iv)" vide DVAT (Amendment Act, 2005; No. F.14.(6)/LA-2005/112, Dated 28.03.2005. w.e.f. 01.04.2005. 3. Substituted vide DVAT (Amendment Act, 2005; No. F.14.(6)/LA-2005/112, Dated 28.03.2005. w.e.f. 01.04.2005. 4. Substituted vide DVAT (Amendment Act, 2005; Notification No.F.14(29)/LA/2005/333 Dated:- 16/11/05, w.e.f. 16.11.2005, before it as read as:-"(f) "capital goods" means plant, machinery and equipment used in the process of trade or manufacturing". 5. Substituted vide DVAT (Amendment Act, 2005; Notification No.F.14(29)/LA/2005/333 Dated:- 16/11/05, w.e.f. 16.11.2005, before it as read as:-" (j) "dealer" means any person who carries on business in Delhi and includes- (i) any person who, for the purposes of or in conn....
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....ch further increases: PROVIDED also that if the price of diesel (HSD) deolines but remains above the price prevailing prior to 25th June, 2011, the first proviso shall have effect to the extent of the remaining incrense. PROVIDED also that the first proviso shall not take effect till the benefit is passed on the consumers.] PROVIDED that an amount equal to the increase in the prices of petrol and diesel (including the duties and levies charged thereon by the Central Government) taking effect from the 6th June, 2006 shall not form part of the sale price of petrol and diesel sold on and after the date of the promulgation of this Ordinance till such date as the Government may, by notification in the official Gazette, direct: PROVIDED FURTHER that the first proviso shall not take effect till the benefit is passed on to the consumers" 8. Substituted vide Notification No.F.14(19)/LA-2011/lclaw/5, dated 13/02/2012, read with Notification No.F.3(25)/Fin.(Rev.-I)/2011-12/DSIII/288, Dated : 28/03/2012, w.e.f. 01.04.2012. before it was read as:- "including" 9. Inserted vide Notification No.F.14(4)/LA-2012/cons2law/71, Dated : 15.06.2012 10. Omitted vide Notification No.F.14(13)/LA-2012....