CHAPTER-I
Preliminary
2. Definitions:
In this Act, unless the context otherwise requires:-
(a) "Lieutenant. Governor" means
Administrator of National Capital Territory of Delhi as appointed by the
President under Article 239 of the
Constitution.
(b) "Appellate Tribunal" means the Appellate Tribunalconstituted under section 13;
(c) "business" includes:-
(i) any
trade, commerce or manufacture or any adventure or concern in the nature of
trade, commerce or manufacture, whether or not such
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 trade, commerce, manufacture, adventure or concern,
and
(ii) any transaction in connection with, or incidental ancillary to, such trade, commerce, manufacture, adventure or concern.
(d) "Commissioner" means the the Commissioner of Sales Tax appointed under sub-section (1) of section 9.
(e) " Dealer" means any person who carries on business of selling goods in Delhi and it includes:-
(i) the Central Government or the State Government carrying on such business,
(ii) an
incorporated society (including a co-operative society); Club or Association
which sells or supplies goods whether or not in the course of
business to its
members for cash or for deffered payment or for commission, remuneration or
other valuable consideration;
(iii) a
manager, factor, broker, commission agent or any del credere or any mercantile
agent,by whatever named called, and whether of the same
description as herein
before mentioned or not, who sells goods belonging to any principal whether
disclosed or not , and
(iv) an
auctioner 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;
(f) "Delhi" means the 5[National Capital Territory] of Delhi;
(g) "Goods"
includes all materials, articles, commodities and all other kinds of movable
property, but does not include newspaper, claim stocks,
shares, securities or money.
(h) "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 prescribed.
(i) "Official Gazette" means the Delhi Gazette.
(j) "prescribed" means prescribed by rules;
(k) "registered " means a dealer registered under this Act;
(l) "Sale"
means any transfer of property in goods by one person to another for cash or
for deferred payment or for any other valuable consideration
and includes-
(i) A transfer of goods on hire purchase or other system of payment by instalments,
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 deferred payment,
or for
commission, remuneration or other valuable consideration, whether or not in
course of business; and
(iii) Transfer of goods by an auctioner referred to in sub-clause (iv) of clause (e);
(m) Sale Price means the amount payable to the dealer as consideration for the
sale of any goods including any sum charged for anything done by
the dealer
in respect of the goods at the time of or before the delivery of the goods other
than the cost of freight or delivery or the cost of
installation, but less the
sum which is allowed as cash discount on that good.
(n)"tax" means the tax payable under this Act;
(o) "turnover
" means the aggregate of the amount of sale price receivable, or if adelear
so elects, actually received by a dealer in respect of any
sale
of property in goods, made during any prescribed period in any year after deducting
the amount of sale price, if any, refunded by the delear
to a purchaser in respect
of any goods purchased and returned by the purchaser within the prescribed period;
PROVIDED that an election as aforesaid once made shall not be altered except with the permission of the Commissioner and on such terms and conditions, as he may think fit to impose;
(p)"year" means the financial year ;