Definitions

In this Act, unless there is anything repugnant in the subject or context: - (1) “Commissioner” means the Commissioner of Taxes appointed under section 3; (2) “Contract” means any agreement for carrying out for cash or deferred payment or other valuable consideration: - (a) the preparation, construction, fitting out, improvement or repair of any movable property, or of any building, road, bridge or other immovable property; or (b) the installation or repair of any machinery affixed to a building or other immovable property; (3) “Dealer” means any persons who carries on the business of buying, selling, supplying or distributing goods directly or otherwise, whether for cash, or for deferred payment, or for commission, remuneration or other valuable consideration and includes any society, club or association which sells or supplies goods to its members: - Explanation.- The manager of agent of a dealer who resides outside the State and carries on the business of selling or supplying goods in the State shall in respect of such business be deemed to be a dealer for the purposes of this Act; (4) “Declared Goods” means goods declared by section 14 of the Central Sales Tax Act, 1956 (Act 74 of 1956) to be special importance in inter-State trade or commerce and the sale of which is taxable under this Act; (5) “Goods” means all kinds of movable property other than News-Papers, actionable claims, stocks, shares or securities, and includes all materials, articles and commodities, whether or not to be used for the purposes referred to in sub-clause (a) and (b) of clause (2); (6) “Gross turnover” means the turnover referred to in section 13; (7) “Net turnover” means the turnover referred to in section 14; (8) “Person” means any individual, or association or body of individuals, and includes a Department of any Government, a Hindu undivided or joint family, a firm and a company, whether incorporated or not; (9) “Prescribed” means prescribed by rules made under this Act; (10) “Registered dealer” means a dealer registered under the provisions of this Act; (11) “Sale” with all its grammatical variations and cognate expressions means any transfer of property in goods by any persons for cash or deferred payment or other valuable consideration, and includes a transfer by separate agreement and for money consideration of goods involved in the execution of a contract, but does not include a mortgage, hypothecation, charge or pledge: - Explanation.- Sale also shall be deemed to included a transfer of goods on the hire-purchase or other installment system of payment, notwithstanding the fact that the vendor may retain the title in the goods as a security for payment of the price; (12) “Sale price” means the amount payable to a dealer as valuable consideration for: - (a) the sale or supply of any goods, less any sum allowed as cash discount according to ordinary trade practice, but including any sum charged for anything done by the dealer with or in respect of the goods at the time of or before, delivery thereof other than the cost of freight or delivery or the cost of installment where such cost is separately charged; or (b) the carrying out of any contract, less such fraction of such amount as represents the prescribed proporation of the cost of labour used in carrying out contract; (13) “Section” means a section of this Act; (14) “State” means the State of Nagaland; and (15) “Year” means the financial year.