Thereupon the dealer shall pay the amount so determined, by such date as may be fixed by such authority.

Levy of Tax on Sale and Determination of Taxable Turnover —

1. (1) * Subject to the provisions as contained in Section 11 and sub-Section (2) of this Section, the tax payable by a dealer liable to pay tax under Section 8, shall be levied at every stage or stages of sales on sale price(s) of goods. [Provided; in the circumstances a registered dealer making sales of taxable goods to an unregistered dealer or to any other Person: the output tax payable shall be levied on the Maximum Retail Price for such goods, at the stage of sale by the Registered Dealer.]* * (Proviso : deleted by the Jharkhand Act 21, 2006 w.e.f. 01/04/2006) (2)* Notwithstanding anything contained in this Section, any registered dealer, who imports into or manufactures Medicines and Drugs; as specified in the Sl. No. 85 of

the Part B of Schedule II, excluding Bulk Drugs [and Non Drugs (Prices Control)

Order 1995 Medicines, such as Ayurvedic] * , Siddha, Unani or Homeopathic

medicines, appended to the Act; in Jharkhand, may, at his option, pay, tax at the

full rate on the Maximum Retail Price of such goods, in lieu of tax payable by him under Sub-section (1) of Section 9 of the Act.

( * Deleted by Jharkhand Act of 2007 w.e.f. 01.04.2006) Provided that where a dealer has purchased such goods, —

1. (a) From an importer or a manufacturer upon payment of tax on the maximum retail price of such goods; or
2. (b) From another registered dealer, where tax on the maximum retail price of such goods was paid in Jharkhand at an earlier stage, the purchasing dealer, while making resale of such goods in Jharkhand, shall, notwithstanding anything contained elsewhere in the Act, be entitled to recover from the buyer, the amount of tax paid by him at the time of purchase of such goods, under such conditions and restrictions, and in such manner, as may be prescribed or notified in this behalf. Provided further that the dealer making resale of such goods, shall not levy any tax payable under the Act, on such goods. Provided further that if dealers opt to pay tax on maximum retail price; no input tax credit shall be admissible to the subsequent purchasing dealers.

1. (3) The tax payable by a dealer liable to pay tax under Section 8, on sales of such goods

as mentioned in Part-E of Schedule II of this Act, shall be levied on his taxable

turnover of sales, at the first stage of sale in the State or at that stage of sale in the series of sales, with such restriction and conditions as may be specified by the State Government by a Notification from time-to-time in this behalf. In the circumstances, if the tax is levied at the first stage of sale in the state by a dealer, subsequent sales of the same goods in the State shall not be levied to tax, if the dealer making subsequent sales of such goods, produces before the Prescribed Authority such evidence(s), as may be prescribed. Provided, whereby a notification published under this sub-section, in respect of any goods specified in Part-E of Schedule II, that the tax shall be levied at more than one stage or on all the stages of sale, the amount of tax(s) paid at each of the preceding stage of sale, shall be adjusted, against the amount of tax payable at each subsequent stage of sale, in the manner as specified in the notification. #

1. (4) Taxable turnover of sales in relation to a dealer liable to pay tax on sale of goods under sub-Section (1) of Section 8 shall be part of the gross turnover of sales during any period which remains after deducting there from.
   • (a) sales of goods declared as exempt from tax in schedule ‘I’.
   • (b) sales of goods which are shown to the satisfaction of the prescribed authority to have taken place –
     • (i) in the course of inter-State trade or commence, or
     • (ii) outside the State of Jharkhand, or
     • (iii) in the course of the import of the goods into or export of the goods out of the territory of India. Explanation -Sections 3, 4 and 5 of the Central Sales Tax Act, 1956 shall apply for determining whether or not a particular sale or purchase has taken place in the manner indicated in sub-clause (i) sub-clause (ii) or sub-clause (iii).
   • (c) * in case of turnover of sales in relation to works contract, the charges towards labour, services other like charges and subject to such conditions as may be prescribed : Provided that in the cases where the amount of charges towards labour, services and other like charges in such contract are not ascertainable from the terms and conditions of the contract, the amount of such charges shall be calculated at the prescribed percentage.
   • (d) such other sales on such conditions and restrictions as may be specified or prescribed. (Added by Jharkhand VAT Ordinance, 2011 – w.e.f. 07.05.2011)
2. (5) Notwithstanding anything contained in this Act where a registered dealer allows any

incentive, shall be deemed to be a sale by the dealer, who allows such trade discount or incentive and a purchase by the dealer who receives such trade discount or incentive and such sale shall form part of the sale in relation to which such trade discount or incentive is allowed. (New sub-section added by Jharkhand VAT Ordinance, 2011 – w.e.f. 01.04.2010) *(deleted vide notification no. LG 13/leg dated 01.02.2018)