section 2
Definitions
The Orissa Luxury Tax Act, 1995Tax199515 sections
Statutory text
In this Act, unless there is anything repugnant in the subject or context,—
- (a) "Commissioner" means the Commissioner of Luxury Tax appointed under sub-section
- (1) of section 3;
- (b) "Licensed stockist" means a stockist to whom a licence has been granted under sub-section
- (4) of section 6;
- (c) "Luxuries" means the commodities as specified in the Schedule for enjoyment over and above the necessaries of life;
- (d) "Luxury tax" means the tax payable under section 4;
- (e) "Prescribed" means prescribed by rules made under this Act;
- (f) "Stock of luxuries" means the quantity of luxuries that a stockist receives in, or procures for, his stock, or records or accounts for in his books of account in Orissa during any prescribed period for stocking, vending, supplying or distributing to a wholesaler, dealer, retailer, distributor or any other person, but shall not include any quantity of such luxuries held by him in stock on the first day of such prescribed period;
- (g) "Stockist" means a person who is in regular course of business, in his possession of, or control over a stock of luxuries, whether manufactured, made or processed by him in Orissa, or brought by him into Orissa, either on his own account or on account of others, from any place outside Orissa, for stocking, vending, supplying or distributing such luxuries in Orissa;
- (h) "Tribunal" means the Orissa Sales Tax Tribunal constituted under sub-section
- (2) of section 3 of the Orissa Sales Tax Act, 1947;
- (i) "Turnover of stock of luxuries", in relation to a stockist in respect of any prescribed period or part thereof, means the aggregate of the values of stock of luxuries;
- (j) "Value of stock of luxuries" means,—
- (i) in respect of any stockist, being a manufacturer of any of the luxuries, the value of such luxuries calculated at the ex-factory price at the time of receipt or entry thereof in his stock, and
- (ii) in respect of any stockist being an importer of any of the luxuries, the value of such luxuries calculated at the price thereof as per consigner's bill, invoice or consignment note or other document of like nature, and shall include—
- (a) excise duty and central sales tax, if any, paid or payable on such luxuries by the manufacturer or importer thereof, as the case may be;
- (b) transport charges and insurance charges, if any, for carrying such luxuries to any premises, godown, warehouse or any other place for delivery to a wholesaler, dealer, retailer, distributor or any other person;
- (k) "year" means the financial year.
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