Section 3(7) in Uttaranchal Value Added Tax Act, 2005
(7)Taxable Quantum - (a) No dealer shall, except as otherwise provided under clause (e) of this sub-Section, be liable to tax under sub- Section (3), if, during the assessment year, the aggregate of his turnover of sales of all goods, whether such sale is made by the dealer directly or through his branch, depot or agent inside the State, or in the course of inter-State trade or commerce, or in the course of export out of the territory of India or by way of consignment outside the State, is less than the amount mentioned hereinafter-(i)in the case of manufacturers or producers of any goods for sale Rs. 5 lacs;(ii)in case of execution of works contract Rs. 5 lacs;(iii)in case of transfer of right to use goods Rs. 5 lacs;(iv)in case of dealers engaged in any other business Rs. 5 lacs:Provided that the State Government may, by notification in the Gazette, fix a larger amount either in respect of all dealers in any goods or in respect of particular class of dealers;(b)Nothing in clause (a) shall apply in respect of, -(i)the sale by a dealer of goods imported by him from outside Uttaranchal, the turnover whereof is liable to tax under this Act,(ii)the sale by a dealer of-(a)goods imported by him form outside Uttaranchal after furnishing to selling dealer a declaration under sub-section (4) of Section (8) of the Central Sales Tax Act, 1956;(b)goods purchased or imported by furnishing any declaration or certificate prescribed under any provision of this Act;(c)goods manufactured by him by using the goods referred to in sub-clause (i) or sub-clause (ii);(c)Where the amount specified in, or notified under clause (a) is altered during an assessment year, the tax payable by a dealer under this Section shall be computed as follows:-(i)on the turnover relating to the period prior to such alteration, as though the amount specified in or notified under clause (a) had not been altered; and(ii)on the remainder, as though the altered amount has been in force on all material dates;(d)Where tax is payable, and has been so paid, by a commission agent on any turnover on behalf of his principal, the principal shall not be liable to pay the tax in respect of the same turnover;(e)(i)Every dealer commencing business during the course of an assessment year shall be liable to pay tax in that year with effect from the date immediately following the day on which the aggregate of his turnover from the date of commencement of his business for the first time exceeds the proportionate amount of taxable quantum;(ii)Every dealer discontinuing business during the course of an assessment year, shall be liable to pay tax up to that date if the aggregate of his turnover for the period from the first day of the commencement of the assessment year to the date of discontinuance of his business exceeds the amount of taxable quantum proportionately.Explanation. - The dissolution of a firm or association of persons or partition of a Joint Hindu Family or transfer by a dealer of his business shall be deemed to be discontinuance of business within the meaning of this sub-Section.
