DEMO|

The Orissa Value Added Tax Act, 2004 History
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2. Definitions

In this Act, unless the context otherwise requires,-

(46). "Sale Price" means the amount of valuable consideration received or receivable by a dealer as consideration for the sale of any goods less 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 time of or before delivery thereof, and the expression "purchase price" shall be construed accordingly.

    Explanations.- (a) Where according to the terms of contract, the cost of freight in respect of transportation of goods are incurred by the dealer for or on behalf of the purchaser such cost of freight shall not be included in the sale price but the burden of proof thereof shall be on the dealer.

    (b) In case of sale by hire purchase agreement, the prevailing market price of the goods on the date on which such goods are delivered to the purchaser under such agreement shall be deemed to be the sale price.

    (c) In relation to transfer of right to use any goods for any purpose (whether or not for a specified period) the consideration or the hire charges received or receivable for such transfer shall be the sale price.

    (d) Amount of duties levied or leviable on the goods under the Central Excise Act, 1944 (1 of 1944.), and the Customs Act, 1962 (52 of 1962.), whether such duties are payable by the seller or any other person, shall be included in the sale price.

    (e) Amount received or receivable by the seller by way of deposit, warranty (whether refundable or not) which has been received or is receivable whether by way of separate agreement or not, in connection with, or incidental or ancillary to, the sale of goods shall be deemed to be included in the sale price,

    (f) The sale price shall not include the tax paid or payable under this Act;