section 2
Definitions
The Punjab General Sales Tax Act, 1948Tax194826 sections
Statutory text
In this Act, unless there is anything repugnant in the subject or context,-
- (a) “assessing authority” means any person authorised by the 5[State] Government to make any assessment under this Act;
- (b) “Commissioner” means the Excise and Taxation Commissioner appointed under sub-section
- (1) of section 3:
- (c) 6[* * * * *]
- (d) 7[“Dealer” means any person including a Department of Government who in the normal course of trade sells 8[or purchases] any goods that are actually delivered for the purpose of consumption in the State of Punjab, irrespective of the fact that the main place of business of such person is outside the said State and where the main place of business of any such person is not in the said State, ‘dealer’ includes the local manager or agent of such person in Punjab in respect of such business.] Explanations.—(1) A co-operative society or a club or any association which sells or supplies goods to its members 9[or purchases] 10[goods specified in Schedule C 11[* * *], is dealer within the meaning of this clause.
- (2) A factor, a broker, a commission agent; a dealer’s agent, an auctioneer or any other mercantile agent by whatever name called, and whether of the same description as here inbefore mentioned or not, who carries on the business of 1[selling, supplying or purchasing goods and who has in the customary course of business, authority to sell goods belonging to principals or to purchase goods on their behalf] is a dealer.
- (3) For the purpose of this clause, “Government” will include the Central Government or the Government of any other State. 2[(dd)] ‘declared goods’ means goods declared under section 14 of the Central Sales Tax Act, 1956, to be of special importance in inter-State trade or commerce;]
- (e) 3[“goods” means all kinds of movable property other than news-papers, actionable claims, stocks, shares or securities;]
- (f) “Prescribed” means prescribed by rules made under this Act. 4[(ff)] “purchase” with all its grammatical or cognate expressions, means the acquisition of goods specified in Schedule C for cash or deferred payment or other valuable ocsideration otherwise than under a mortgage, hypothecation, charge or pledge:]
- (g) “registered” means registered under this Act;
- (h) “sale” means any transfer of property in goods 5[other than goods specified in Schedule C] for each cash or deferred payment or other valuable consideration, 6[****] but does not include a mortgage, hypothecation, charge or pledge; Explanation.—(1) A transfer of goods on hire-purchase or other instalment system of payment shall, notwithstanding that the seller retains a title to any goods as security for payment of the price be deemed to be a sale. 7[ * * * * * * * ]
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