Amendment status not verified — confirm the current text below against the official source.
In this Act, unless the context otherwise requires,- 1 ***] 2 ( 3 ) "appointed day" means the 1 st April 2005;] 3 ***] 4 [( 3-b ) "appointed date for the Maharashtra Goods and Services Tax Act" means the date on which the Maharashtra Goods and Services Tax Act, 2017 (Mah. XLIII of 2017) comes into force;] ( 4 ) "business" includes,- ( a ) any service; (b) any trade, commerce or manufacture; ( c ) any adventure or concern in the nature of service, trade, commerce or manufacture; whether or not the engagement in such service, trade, commerce, manufacture, adventure or concern is with a motive to make gain or profit and whether or not any gain or profit accrues from such service, trade, commerce, manufacture, adventure or concern. Explanation .- For the purpose of this clause,- 5 *** ( ii ) any transaction of sale or purchase of capital assets pertaining to such service, trade, commerce, manufacture, adventure or concern shall be deemed to be a transaction comprised in business ; ( iii ) sale or purchase of any goods, the price of which would be credited or, as the case may be, debited to the profit and loss account of the business under the double entry system of accounting shall be deemed to be transactions comprised in business ; ( iv ) any transaction in connection with the commencement or closure of business shall be deemed to be a transaction comprised in business ; ( 5 ) "capital asset" shall have the same meaning as assigned to it, from time to time, in the Income Tax Act, 1961 (43 of 1961), but the said expression shall not include jewellery held for personal use or property not connected with the business ; ( 6 ) "Commissioner" means the person appointed to be the Commissioner of Sales Tax for the purposes of this Act ; [ 6 ***] ( 8 ) "dealer" means any person who, for the purposes of or consequential to his engagement in or, in connection with or incidental to or in the course of, his business buys or sells, goods in the State whether for commission, remuneration or otherwise and includes,- ( a ) a factor, broker, commission agent, del-credere agent or any other mercantile agent, by whatever name called, who for the purposes of or consequential to his engagement in or 7 [in connection with or incidental to or] in the course of the business, buys or sells any goods on behalf of any principal or principals whether disclosed or not ; (b) 8 [an auctioneer who sells or auctions goods whether acting as an agent or otherwise or, who organises the sale of goods or conducts the auction of goods whether or not he has the authority to sell the 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 ; ( c ) a non-resident dealer or, as the case may be, an agent, residing in the State of a nonresident dealer, who buys or sells goods in the State for the purposes of or consequential to his 9 [engagement in or in connection with or incidental to or in the course of, the business] ; ( d ) any society, club or other association of persons which buys goods from, or sells goods to, its members ; Explanation .- For the purposes of this clause, each of the following persons, bodies and entities who 10 [sell any goods] whether by auction or otherwise, directly or through an agent for cash, or for deferred payment, or for any other valuable consideration shall, notwithstanding anything contained in clause ( 4 ) or any other provision of this Act, be deemed to be a dealer, namely :- (i) Customs Department of the Government of India administering the Customs Act, 1962 (52 of 1962) ; ( ii ) Departments of Union Government and any Department of any State Government ; ( iii ) Local authorities ; ( iv ) Port Trusts ; 11 [( iv-a ) Public Charitable Trust ;] ( v ) Railway Administration as defined under the Indian Railways Act, 1989 (24 of 1989) and Konkan Railway Corporation Limited ; ( vi ) Incorporated or unincorporated societies, clubs or other associations of persons ; ( vii ) Insurance and Financial Corporations, institutions or companies and Banks included in the Second Schedule to the Reserve Bank of India Act, 1934 (II of 1934) ; ( viii ) Maharashtra State Road Transport Corporation constituted under the Road Transport Corporation Act, 1950 (LXIV of 1950) ; ( ix ) Shipping and construction companies, Air Transport Companies, Airlines and Advertising Agencies ; ( x ) any other corporation, company, body or authority owned or constituted by, or subject to administrative control, of the Central Government, any State Government or any local authority. 12 [* * *] 13 [* * *] 14 [* * *] 15 [( 10 ) "document" includes electronic record as defined in the Information Technology Act, 2002 (16 of 2002);] ( 11 ) "earlier law" means any of the following laws, that is to say,- (i) The Bombay Sales of Motor Spirit Taxation Act, 1958 (Bom. LXVI of 1958), ( ii ) The Bombay Sales Tax Act, 1959 (Bom. LI of 1959), 16 [* * *] ( iv ) The Maharashtra Sales Tax on the Transfer of the Right to use any goods for any Purpose Act, 1985 (Mah. XVIII of 1985), and ( v ) The Maharashtra Sales Tax on the Transfer of Property in Goods involved in the Execution of Works Contract (Re-enacted) Act, 1989 (Mah. XXXVI of 1989), each of them as amended, from time to time, and includes enactments which have validated anything done or omitted to be done under any of the above-mentioned laws ; 17 [( 12 ) "goods" means petroleum crude, high speed diesel, motor spirit (commonly known as petrol), natural gas, aviation turbine fuel and alcoholic liquor for human consumption;] ( 13 ) "importer" means a dealer who brings any goods into the State or to whom any goods are dispatched from any place outside the State ; ( 14 ) "legal representative" shall have the meaning assigned to it in clause ( 11 ) of section 2 of the Code of Civil Procedure, 1908 (V of 1908) ; 18 [( 14A ) "Maharashtra Goods and Services Tax Act" means the Maharashtra Goods and Services Tax Act, 2017 (Mah. XLIII of 2017);] ( 15 ) "manufacture", with all its grammatical variations and cognate expressions includes producing, making, extracting, altering, ornamenting, finishing or otherwise processing, treating or adapting any goods ; 19 [( 15A ) "motor spirit" means,- ( a ) High Speed Diesel Oil ; (b) Aviation Turbine Fuel (Duty paid) ; ( c ) Aviation Turbine Fuel (Bonded) ; ( d ) Aviation Gasoline (Duty paid) ; ( e ) Aviation Gasoline (Bonded) ; ( f ) Petrol, 20 [and] any other product as the State Government may, from time to time, notify in the Official Gazette ;] ( 16 ) "non-resident dealer" means a dealer who effects purchases or sales of any goods in the State, but who has no fixed place of business 21 * * * * in the State ; ( 17 ) "person" includes an individual, any State Government, the Central Government, any company or society or club or association or body of individuals whether incorporated or not, and also a Hindu Undivided Family, a firm and a local authority and every artificial juridical person not falling within any of the preceding descriptions; 22 [* * *] ( 18 ) "place of business" includes a warehouse, godown or other place where a dealer stores his goods and any place where the dealer keeps his books of accounts ; ( 19 ) "prescribed" means prescribed by the rules or by any notification ; ( 20 ) "purchase price" means the amount of valuable consideration paid or payable by a person for any purchase made including any sum charged for anything done by the seller in respect of the goods at the time of or before delivery thereof, other than the cost of insurance for transit or of installation, when such cost is separately charged ; Explanation I .- The amount of duties levied or leviable on the goods under the Central Excise Act, 1944 (I of 1944), or the Customs Act, 1962 (52 of 1962) or the Bombay Prohibition Act, 1949 (Bom. XXV of 1949) shall be deemed to be part of the purchase price of such goods, whether such duties are paid or payable by or on behalf of the seller or the purchaser or any other person. 23 [* * *] Explanation II .- Purchase price shall not include tax paid or payable by a person in respect of such purchase. Explanation III .- Purchase price shall include the amount paid by the purchaser by way of deposit whether refundable or not which has been paid whether by way of a separate agreement or not, in connection with or incidental or ancillary to, the said purchase of goods ; 24 [* * *] ( 21 ) "registered dealer" means a dealer registered under this Act; ( 22 ) "resale" means a sale of purchased goods- (i) in the same form in which they were purchased, or ( ii ) without doing anything to them which amounts to, or results in, a manufacture, and the word "resell" shall be construed accordingly ; 25 [( 22A ) "retail outlet" means filling station in which one or more dispensing pumps have been provided for retail sale of motor spirit. Explanation .- For the purposes of this clause, the expression "retail sale" means sale of motor spirit not exceeding 2500 liters to any one customer at a time ;] ( 23 ) "rules" means the rules made under this Act ; ( 24 ) "sale" means a sale of goods made within the State for cash or deferred payment or other valuable consideration but does not include a mortgage, hypothecation, charge or pledge; and the words "sell", "buy" and "purchase", with all their grammatical variations and cognate expressions, shall be construed accordingly ; Explanation .- For the purposes of this clause,- ( a ) a sale within the State includes a sale determined to be inside the State in accordance with the principles formulated in section 4 of the Central Sales Tax Act, 1956 (74 of 1956) ; (b) (i) the transfer of property in any goods, otherwise than in pursuance of a contract, for cash, deferred payment or other valuable consideration ; ( ii ) the transfer of property in goods (whether as goods or in some other form) involved in the execution of a 26 [ 27 [works contract including] an agreement for carrying out for cash, deferred payment or other valuable consideration, the building, construction, manufacture, processing, fabrication, erection, installation, fitting out, improvement, modification, repair or commissioning of any moveable or immoveable property] ; ( iii ) a delivery of goods on hire-purchase or any system of payment by instalments ; ( iv ) the 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 ; ( v ) the supply of goods by any association or body of persons incorporated or not, to a member thereof for cash, deferred payment or other valuable consideration ; 28 [ Explanation .- For the purposes of this sub-para, it is hereby clarified that, notwithstanding anything contained in any other law for the time being in force or any judgment, decree or order of any Court, Tribunal or authority, any association or body of persons, incorporated or not, and its member shall be deemed to be two separate persons and the supply of goods inter se shall be deemed to take place from one such person to another ;] ( vi ) the supply, by way of or as part of any service or in any other manner whatsoever, 29 [of alcoholic liquor for human consumption] where such supply or service is made or given for cash, deferred payment or other valuable consideration ;