Meghalaya Value Added Tax Act 2003
No: 2 Dated: Apr, 03 2005
THE MEGHALAYA VALUE ADDED TAX ACT, 2003
ACT NO. 2 OF 2005
An Act To provided for and consolidate the Laws relating to lavy of Value Added Tax on Sales or Purchase of goods in the State of Meghalaya:
Be it enacted by the Legislature of the State of Meghalaya in the Fifty-fourth Year of the Republic of India as follows:
1. Short title extent and commencement:- i) This Act may be called the Meghalaya Value Added Tax Act, 2003
ii) It extends to the whole of Meghalaya.
iii) It shall come into force on such date as the State Government may by notification in the Official Gazette appoint and different dates may be appointed for different provisions.
2. Definitions:- In this Act, unless the context otherwise requires:
i) “Act” means the Meghalaya Value Added Tax Act 2003
ii) “Appellate Authority” means the Authority authorized by the State Government under Section 27.
iii) “Appellate Tribunal” means the Tribunal authorized by the State Government under section 29:
iv) “Appointed Day” means the day on which the Act comes into force.
v) “Assistant Commissioner” means Assistant Commissioner of Taxes appointed under sub-section (1) of Section 25 or deemed to have been appointed under Section 116:
vi) “Assesses” means any person by whom tax or any other sum of money is payable under this Act and includes every person in respect of whom any proceedings under this Act have been taken for the assessment of tax payable by him.
vii) “Assessing Authority” means any person not below the rank of Superintendent of Taxes authorised by the Government, or by any authority empowered by the Government to make any assessment under this Act.
viii) “Board” means Meghalaya Board of Revenue constituted under the Meghalaya Board of Revenue Act or under any statutory modification or re-enactment thereof:
ix) “Business” includes
i) Any trade, commerce or manufacture or execution of work contract or any adventure or concern in the nature of trade, commerce, manufacturer whether or not such trade, commerce, manufacture or execution of works contract or adventure or concern is carried on with the motive to make gain or profit and whether or not any gain or profit accuses from such trade commerce, manufacture, execution of works contractor adventure or concern and:
ii) Any transaction in connection with or incidental or ancillary to such trade commerce, manufacture, execution or work contract, adventure or concerns:
x) “Business Premises” means any place where a dealer or a transport purchases, sells, transport, books or delivers goods and include such place where the stores, processes produces or manufacture goods or keeps books of accounts, any vehicles or vessel or any other carrier where in the goods are stored as used for transporting the goods:
xi) “Commissioner” means Commissioner of Taxes appointed under sub-section (1) of Section 25 or deemed to have been appointed under Section 116:
xii) “Capital Goods” means plant machinery and equipment used in the process of manufacturing excluding civil structures as may be prescribed:
xiii) “Casual Trader” means a person who whether as principal, agent or in any capacity, has occasional transactions involving buying, selling, supplying or distributing goods in the State. Whether for cash or for deferred payment or for commission, remuneration or other valuable consideration:
xiv) “Declared Goods” means the good declared to be of special importance in inter State trade or commerce under section 14 of the Central Sales Tax Act 1956 (Central Act 74 of 1956)
xv) “Deputy Commissioner” means Deputy Commissioner of Taxes appointed under sub-section (1) of Section 25 or deemed to have been appointed under Section 116:
xvi) “Dealer” means any person who carries on (Whether regularly or otherwise) for cash for commission or for remuneration or for deferred payment or for other valuable consideration within the State of Meghalaya, the business of:
(a) Transferring property in goods otherwise than in pursuance of any contract. Or
(b) Transferring property in goods (whether as goods or in some other form) involved in the execution of any works contract. Or
(c) Delivering goods on hire purchase or any system of payment in instalment. Or
(d) Transferring the right to use goods for any purpose (whether or not for any specified period): or supplying by way of as part of any service or in any manner of goods being food or any other article for human consumption or any drink (whether or not intoxicating): or
(e) Being an association (whether incorporated or not) or body of persons supplying to its members any goods, and Dealer also includes:
(1) A local authority, a body corporate, a company, any co-operative society or other society or a club, a firm, a Hindu undivided family or other association of persons which carries on such business:
(2) A commission agent, a broker, a factor, a deleredere agent, an auctioneer, a mercantile agent by whatever name called who carries on business within the State.
(3) An agent of a non resident dealer or a local branch of a company or an association of person, whether incorporated or not, situated outside the State carry on such business within the State: and
(4) A department, or undertaking or enterprise of the Government of any State or Union Territory or of the Government of India.
xvii) “Goods” means all kinds of movable property other than newspaper, actionable claims, stock shares, or securities and includes livestock, all materials, articles, commodities involved in the execution of any works contract, case or hire purchase or those to be used in fitting out, improvement or repair of movable property.
xviii) “Government” means the State Government.
xix) “Input Tax” means tax payable by the purchasing dealer to the seller.
xx) “Manufacture” with all its grammatical variation cognate expression means producing, making extracting, altering, ornamenting, finishing, assembling or otherwise processing, treating or adapting any good but does not include any such process or mode of manufacture as may be prescribe:
xxi) “Non-resident Dealer” means a dealer who effects purchases or sales of any goods in Meghalaya but who has a no fixed of business or residence in Meghalaya:
xxii) “Official Gazette” means the Meghalaya Gazette: