State Act

5

Section 5. Determination of taxable turnover.

The Daman and Diu Value Added Tax Regulation 2005

Act no. 1 of 20052005Repealed 26 January 2020Dadra and Nagar Haveli and Daman and Diu (State Act)

This Act was repealed on 26 January 2020 by the Dadra and Nagar Haveli and Daman and Diu (Repeal) Regulation, 2020 (5 of 2020), s.2(1) and Schedule item (1); it may still apply to matters that began before then.

5. (1) For the purposes of this Regulation, taxable turnover means the turnover of a dealer during the tax period which remains after deducting therefrom— (a) the turnover of sales not liable to tax under section 7; and (b) the turnover of sales of such goods which are exempt under section 6. (2) (a) In the case of turnover arising from the execution of a works contract, the taxable turnover means so much of turnover which represents the price and other charges in relation to goods in such works contract subject to such conditions as may be prescribed. (b) Where the amount of price and other charges in relation to the goods in such contract is not ascertainable from the terms and conditions of the contract, the amount of such price and other charges shall be calculated as the sale price stipulated in the contract as reduced by the prescribed percentage. Explanation.—For the removal of doubts, it is hereby declared that where an amount is paid or received prior to the date of commencement of this Regulation in respect of a sale or purchase occurring after the date of commencement of this Regulation, and the person calculates his turnover or turnover of purchases based on amounts paid and received, the amount shall be treated as forming part of the person’s turnover or turnover of purchases in the tax period in which the sale or purchase occurs.