- In this Act, unless the context otherwise specifies,(1)"Act" means the Tripura Value Added Tax Act, 2004.(2)"Assessee" means any person by whom tax or any other sum of money is payable under this Act and includes every person in respect of whom any proceeding under this Act has been taken for the assessment of tax payable by him;(3)"Assessing Authority" means an officer of the Finance (Excise & Taxation) Department, authorised to make any assessment under the Act.(4)"Business" includes:(a)any trade, commerce or manufacture or any adventure or concern in the nature of trade, commerce or manufacture whether or not such trade, commerce or manufacture, adventure or concern is carried on with a motive to making gain or profit and whether or not any profit accrues from such trade, commerce, manufacture, adventure or concern; and(b)any transaction in connection with, or incidental or ancillary to, such trade, commerce, manufacture, adventure or concern.(5)"Capital goods" means plant, machinery and equipment used in the process of manufacturing.(6)"Casual traders" means a person who, whether as principal, agent or in any other capacity, carries on occasional transaction of a business nature involving the buying, selling, supplying or distribution of goods in the State, whether for cash or for deferred payment or for commission, remuneration or other valuable consideration.(7)"Commissioner" means any person appointed by the State Government to be a Commissioner of Taxes.(8)"Dealer" means any person who carries on the business of buying, selling, supplying for commission, remuneration or other valuable consideration, and includes-(a)an industrial, commercial, banking, or trading undertaking whether or not of the Central Government or any of the State Governments or a local authority;(b)an advertising concern or agency;(c)a casual trader;(d)a company, firm, club, association, society, trust, or cooperative society, whether incorporated or un-incorporated, which carries on such business;(e)a commission agent, a broker, a del credere agent, any auctioneer or any other mercantile agent by whatever name called, who carries on the business of buying, selling, supplying or distributing goods on behalf of any principal;(f)an agent of a non-resident dealer or a local branch of a firm or company or association situated outside the State;(g)a person who sells goods produced by him by manufacture or agriculture or otherwise;(h)a person engaged in the business of transfer otherwise than in pursuance of a contract of property in any goods or cash, deferred payment or other valuable consideration;(i)a person engaged in the business of transfer of property in goods (whether as goods or in some other form) involved in the execution of a works contract;(j)a person engaged in the business of delivery of goods on hire purchase or any other system of payment by instalments;(k)a person engaged in the business of transfer of the right to use any goods for any purpose (whether or not for a specified period) for cash, deferred payment or commission or remuneration or any other valuable consideration;(l)a department of the Central Government or any State Government or a Local Authority by name of any Panchayat, Municipality, Development Authority, Cantonment Board or any autonomous or statutory body including a Port Trust and the like, which, whether or not in the course of business, buys, sells, supplies or distributes goods, directly or otherwise, for cash, or for deferred payment, or for commission, remuneration, or other valuable consideration;(m)a Hindu Undivided Family or any other system of joint family which carries on business.(9)"Document" means title deeds, writing or inscription and includes electronic data, computer programmes, computer tapes, computer discs and the like that furnishes evidence.(10)"Goods" means all kinds of movable property (other than newspapers) and includes all materials, commodities, which are agreed to be severed before sale [or purchase] [Inserted vide the TVAT (Amendment) Ordinance, 2007 (w.e.f 17-7- 2007) and subsequent legislation vide the TVAT (Amendment) Act, 2007(dt. 9-10-2007).] under a contract of sale [or purchase] [Inserted vide the TVAT (Amendment) Ordinance, 2007 (w.e.f 17-7- 2007) and subsequent legislation vide the TVAT (Amendment) Act, 2007(dt. 9-10-2007).] and property in goods (whether as goods ibid purchase or in some other form) involved in the execution of works contract, lease or hire-purchase or those to be used in the fitting out, improvement or repair of movable property but does not include actionable claims, stocks, shares and securities.(11)"Government" means the Government of Tripura.(12)"Gross turnover" means the aggregate turnover in all goods of dealer at all places of business in the State for a particular period made on his own account and also on behalf of the principals.(13)"Input-Tax" means the tax paid or payable under this Act by a registered dealer to another registered dealer on the purchase of goods in Tripura in the course of business for resale or for the manufacture of taxable goods or for use as containers or packing material or for the execution of works contract;(14)"Manufacture" includes any activity that brings out a change in an article or articles as a result of some process, treatment, labour and results in transformations into a new and different article so understood in commercial parlance having a distinct name, character, use, but does not include such activity of manufacture as may be notified.(15)"Official Gazette" means the Tripura Gazette.(16)"Output Tax" means the tax charged or chargeable under this Act by a registered dealer for the sale [or purchase] [Inserted vide the TVAT (Amendment) Ordinance, 2007 (w.e.f 17-7- 2007) and subsequent legislation vide the TVAT (Amendment) Act, 2007(dt. 9-10-2007)] of goods in the course of business in Tripura;(17)"Person" includes :-a) an individual;b) a joint family;c) a company;d) a firm;e) an association of persons of a body of individual; whether incorporated or not;f) the Central Government or the Government of Tripura or the Government of any other State or Union Territory in India;g) a local authority;(18)"Place of business" means any place where a dealer carries on the business and includes;(a)any warehouse, godown or other place where a dealer stores or processes his goods;(b)any place where a dealer produces or manufactures goods;(c)any place where a dealer keeps his books of accounts;(d)in cases where a dealer carries on business through an agent (by whatever name called), the place of business of such agent;(e)any vehicle or vessel or any other carrier wherein the goods are stored or used for transporting the goods;(19)"Prescribed" means prescribed by rules made under this Act;(20)"Recipient" means a person receiving goods, as defined for the purpose of this Act;(21)"Registered Dealer" means a dealer registered under this Act;(22)"Resale" means sale of purchased goods -(i)[] [Renumbered vide the TVAT (Amendment) Ordinance, 2007 (w.e.f 17-7- 2007) and subsequent legislation vide the TVAT (Amendment) Act, 2007(dt. 9-10-2007)] (a) in the same form in which they were purchased; or(b)without doing anything to them, which amounts, or results in a manufacture.(ii)[ "Repurchase" means purchase of sold goods - [Inserted vide the TVAT (Amendment) Ordinance, 2007 (w.e.f 17-7- 2007) and subsequent legislation vide the TVAT (Amendment) Act, 2007(dt. 9-10-2007)](a)in the same form in which they were sold, or(b)without doing anything to them, which amounts, or result in a manufacture.](23)"Return" means any return prescribed and / or required to be furnished under this Act or the Rules.(24)"Rules" means rules made under this Act.(25)[(i)] [Renumbered vide the TVAT (Amendment) Ordinance, 2007 (w.e.f 17-7- 2007) and subsequent legislation vide the TVAT (Amendment) Act, 2007(dt. 9-10-2007)] "Sale" with all its grammatical variations and cognate expressions means every transfer of the property in goods (other than by way of a mortgage, hypothecation, charge or pledge ) by one person to another in the course of trade or business for cash or for deferred payment or other valuable consideration, and includes -a) transfer otherwise than in pursuance of a contract of property in any goods for cash, deferred payment or other valuable consideration;b) transfer of property in goods (whether as goods or in some other form) involved in execution of a works contract;c) delivery of any goods on hire purchase or any other system of payment by instalments;d) 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;and such transfer, delivery or supply of any goods shall be deemed to be a sale of those goods by the person making the transfer, delivery or supply and purchase of those goods by the person to whom such transfer, delivery or supply is made, but does not include a mortgage, hypothecation, charge or pledge.(ii)[ "Purchase" with all its grammatical variations and cognate expressions means any transaction of acquiring property in goods against valuable consideration or deferred payment by a dealer on purchase of taxable goods as mentioned in schedule VIII including any sum charged for, [Inserted vide the TVAT (Amendment) Ordinance, 2007 (w.e.f 17-7- 2007) and subsequent legislation vide the TVAT (Amendment) Act, 2007(dt. 9-10-2007)](a)anything done by the seller with or in respect of the goods at the time of or before delivery thereof and(b)containers or other materials for the packaging of such goods.](26)"Sale price" means the amount of valuable consideration received or receivable by a dealer for the sale of any goods less any sum allowed as cash 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 or services at the time of or before delivery there of, excise duty, special excise duty or any other duty or taxes except the tax imposed under this Act ["and 'purchase price' means the amount of valuable consideration paid or payable by a dealer on purchase of taxable goods as mentioned in schedule VIII."] [Inserted vide the TVAT (Amendment) Ordinance, 2007 (w.e.f 17-7- 2007) and subsequent legislation vide the TVAT (Amendment) Act, 2007(dt. 9-10-2007)][Explanation 1.] [Renumbered vide the TVAT (Amendment) Ordinance, 2007 (w.e.f 17-7- 2007) and subsequent legislation vide the TVAT (Amendment) Act, 2007(dt. 9-10-2007)] - For the purpose of this clause "sale price" includes, -a) in relation to the transfer of property in goods (whether as goods or in some other form) involved in the execution of works contract, such amount as is arrived at by deducting from the amount of valuable consideration paid or payable to a person for the execution of such works contract, the amount representing labour and other charge incurred and profit occurred not in connection with transfer of property in goods for such execution;b) in respect to transfer of the right to use any goods for any purpose (whether or not for a specified period), the valuable consideration received or receivable for such transfer.Explanation 2. - [For the purpose of this clause purchase price includes,-(a)anything done by the seller with or in respect of the goods at the time of or before delivery thereof and(b)containers or other materials for the packing such goods;](27)"Schedule" means schedule appended to this Act;(28)"Tax" means the tax payable under this Act,(29)"Tax Invoice" means a document listing goods sold with price, quantity and other details as specified in this Act and includes a statement of account, bill, cash register, slip, receipt or similar record, regardless of its form;(30)"Tax Period" means a calendar month or a quarter, as the case may be, as prescribed;(31)"Taxable Sale" means sale which is taxable under the provisions of this Act, ["and ''Taxable purchase" means purchase of goods as mentioned in schedule VIII which is taxable under the provisions of this Act;"] [Inserted vide the TVAT (Amendment) Ordinance, 2007 (w.e.f 17-7- 2007) and subsequent legislation vide the TVAT (Amendment) Act, 2007(dt. 9-10-2007)](32)"Taxable Turnover" means the turnover on which a dealer is liable to pay tax;(33)"Transporte" means a registered transport company, a carrier or a transporting agent operating transport business in Tripura in taxable goods.(34)"Tribunal" means the Tribunal constituted under this Act;(35)["'Turnover' means the aggregate amount for which goods are either purchased or bought or sold or supplied or distributed by a dealer, either directly or through another whether on own account or on account of other, whether for cash or for deferred payment, or other valuable consideration."] [Substituted vide the TVAT (Amendment) Ordinance, 2007 (w.e.f 17-7- 2007) and subsequent legislation vide the TVAT (Amendment) Act, 2007(dt. 9-10-2007)]Explanation. - (1) The turnover in respect of delivery of goods on hire purchase or on any system of payment by installments shall be the market price of the goods so delivered,(2)The turnover in respect of the transfer of the right to use any goods shall be the aggregate amount received or receivable by the dealer as consideration for such transfer,(3)Subject to such conditions and restrictions, if any, as may be prescribed in this behalf, -(a)the amount for which goods are sold shall include any sum charged for anything done by the dealer in respect of the goods sold at the time of, or before, the delivery thereof;(b)any cash discount on the price allowed in respect of any sale or any amount refunded in respect of goods returned by customers shall not be included in the turnover; and(c)where for accommodating a particular customer, a dealer obtains goods from another dealer and immediately disposes of the same to the said customer, the sale in respect of such goods shall be included in the turnover of the later dealer but not in that of the former;(4)[ The turnover in respect of purchase of taxable goods means goods as mentioned in schedule VIII.] [Inserted vide the TVAT (Amendment) Ordinance, 2007 (w.e.f 17-7- 2007) and subsequent legislation vide the TVAT (Amendment) Act, 2007(dt. 9-10-2007)](36)"Works Contract" means any agreement for carrying out for cash or deferred payment or other valuable consideration -(i)the construction, fitting out, improvement or repair of any building, road, bridge or other immovable property, or(ii)the installation or repair of any machinery affixed to a building or other immovable property, or(iii)the overhaul or repair of -(a)any motor vehicle,(b)any vessel propelled by internal combustion engine or by any other mechanical means,(c)any aircraft,(d)any component or accessory or part of any of the items mentioned in paragraph (a) to (c) above,(iv)the altering, ornamenting, finishing, improving or otherwise processing or adopting of any goods.(37)"Year" means twelve-month period commencing on the first day of April;(38)"Zero rating" means complete removal of tax up to the zero rated stage of production or distribution. No tax is charged on sale and tax credit is given for the tax paid on purchases.(39)"Special Economic Zone" (S.E.Z) means the area outside the custom territory of India for trade operation, duties and tariffs.CHAPTER -II Incidence and Levy of Tax
