(2) This Regulation may be called the Dadra and Nagar Haveli Sales Tax Regulation, 1978.
(2) It extends to the whole of the Union territory of Dadra and Nagar Haveli.
(3) It shall come into force on such date as the Administrator may, by notification in the Official Gazette, appoint.
2. In this Regulation, unless the context otherwise requires,—
(a) "Administrator" means the Administrator of Dadra and Nagar Haveli appointed by the President under article 239 of the Constitution;
(119) Short title, extent and commencement.
Definitions.
120 'THE GAZETTE OF INDIA EXTRAORDINARY [PART II—
(b) "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 profit and whether or not any profit accrues from such trade, commerce, manufacture, adventure or concern; and
(ii) any transaction of buying, selling or supplying plant, machinery, raw materials, processing materials, packing materials, empties, consumable stores, waste products, or such other goods, or waste or scrap of any of them, which is ancillary incidental to or resulting from, such trade, commerce, mam ture, adventure or concern;
but does not include any activity in the nature of mere, profession;
(c) "Commissioner" means the Commissioner appointed under sub-section (1) of section 3;
(d) "dealer" means any person engaged in buying, selling, supplying or distributing goods, din wise, in Dadra and Nagar Haveli and includes a cat the Government of India, or of any State, or of any Li
Explanation 1.—A Hindu undivided family, other association of persons whether incorpor" deemed to be a person for the purpose of f
Explanation 2.—A co-operative soch i SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 121 extracting, altering, ornamenting, finishing or otherwise processing, treating or adapting any goods, but does not include such manufactures or manufacturing processes as may be prescribed;
(h) "Official Gazette" means the Gazette of India;
(i) "prescribed" means prescribed by rules made under this Regulation;
(j) "raw materials" mean goods which go into and form part of the finished product and include materials which are consumed in the process of manufacture;
(7c) "registered" means registered under this Regulation;
(I) "sale", with its grammatical variations and cognate expressions, means any transfer of property in goods by one person to another for cash or deferred payment or other valuable consideration, and includes 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.
Explanation.—A sale or purchase of goods shall be deemed to take place inside Dadra and Nagar Haveli if the goods are within that territory,—
(i) in the case of specific or ascertained goods, at the time the contract of sale is made; and
(ii) in the case of unascertained or future goods,1 at the time of their appropriation to the contract of sale by the seller or by the buyer, whether assent of the other party is prior or subsequent to such appropriation;
(in) "sale-price" means the amount paid or payable to a dealer as consideration for the sale of any goods, excluding any sum allowed as cash discount or trade discount according to the practice normally prevailing in the trade, but inclusive of any sum charged for anything done by the dealer in respect of the goods at the tima of or before the delivery thereof, other than the cost of freight or delivery, the cost of installation or the cost of insurance for transit in cases where such cost is separately charged;
(71) "turnover" means the aggregate of the sale-prices received and receivable by a dealer in respect of any taxable goods made during a given period after deducting therefrom—
(i) the amount arrived at by applying the following formula: — Rate of tax X aggregate of sale-prices 100 plus rate of tax;
Provided that no deduction on the basis of above 'formula shall be made if the amount by way of tax collected by a registered dealer in accordance with the provisions of this, ,Kegulation, has been otherwise deducted from the aggregate of saleprices. , 122 THE GAZETTE OF INDIA EXTRAORDINARY [PAHT II— Eccplanatlon.—Where the turnover of a dealer is taxable at different rates, the aforesaid formula shall be applied separately in respect of each part of the turnover liable to a different rate of tax;
(ii) the amount of sale-prices of all taxable goods returned to the dealer, within the prescribed period, by the purchasers of such goods:
Provided that satisfactory evidence of such return of goods and of refund or adjustment in accounts of the sale-price thereof is produced before the assessing authority;
<o) "year" means a financial year, but in relation to any particular registered dealer for the purposes of this Regulation (except for the purposes specified under sections 4, 5, 12, 13, 14 and 15) means the year with reference to which, according to the option declared by such dealer within the prescribed period, the accounts of that dealer are ordinarily maintained in his books:
Provided that where an option has once been exercised by a registered dealer, he shall not, except with the consent of the Commissioner and upon such conditions as the Commissioner may determine, make any variation in respect thereof.