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Andhra Pradesh Value Added Tax Act, 2005
CHAPTER - I : PRELIMINARY

Body 2. Definitions

In this Act, unless the context otherwise requires---

(10). "Dealer" means any person who carries on the business of buying, selling, supplying or distributing goods or delivering goods on hire purchase or on any system of payment by instalments, or carries on or executes any works contract involving supply or use of material directly or otherwise, whether for cash or for deferred payment, or for commission, remuneration or other valuable consideration, and includes:

    (a) A company, a Hindu undivided family or any society including a co-operative society, club, firm or association which carries on such business;

    (b) a society including a co-operative society, club, firm or association which buys goods from, or sells, supplies or distributes goods to its members;

    (c) A casual trader, as herein before defined;

    (d) any person, who may, in the course of business of running a restaurant or an eating house or a hotel by whatever name called, sells or supplies by way of or as part of any service or in any other manner whatsoever, of goods, being food or any other article for human consumption or any drink whether or not intoxicating;

    (e) any person, who may transfer the right to the use of any goods for any purpose whatsoever whether or not for a specified period in the course of business to any other person;

    (f) a commission agent, a broker, a delcredere agent, an auctioneer or any other mercantile agent, by whatever name called, who carries on the business of buying, selling, supplying or distributing goods on behalf of any principal or principals;

Explanation I: Every person who acts as an "agent of a non-resident dealer", that is, as an agent on behalf of a dealer residing outside the State, and buys, sells, supplies or distributes goods in the State or acts on behalf of such dealer as,

    (i) a mercantile agent as defined in the Sale of Goods Act, 1930 (Central Act III of 1930), or

    (ii) an agent for handling goods or documents of title relating to goods, or

    (iii) an agent for the collection or the payment of the sale price of goods or as a guarantor for

such collection or payment and every local branch of a firm or company situated outside the State, shall be deemed to be a dealer for the purpose of the Act;

Explanation II: Where a grower of agricultural or horticultural produce sells such produce grown by himself on any land in which he has an interest whether as owner, usufructuary mortgagee, tenant or otherwise, in a form different from the one in which it was produced after subjecting it to any physical, chemical or any process other than mere cleaning, grading or sorting, he shall be deemed to be a dealer for the purpose of this Act.

Explanation III: The Central Government or the State Government which, whether or not in the course of business, buys, sells, supplies or distributes goods, directly or otherwise, for cash or for deferred payment or for commission, remuneration or other valuable consideration shall be deemed to be a dealer for the purposes of this Act.

Explanation IV: Each of the following persons and bodies, whether or not in the course of business, who sells or disposes of any goods including unclaimed or confiscated or unserviceable goods or scrap, surplus, old, obsolete, or discarded material or waste products whether by auction or otherwise, directly or through an agent for cash, or for deferred payment or for any other valuable consideration shall be deemed to be a dealer to the extent of such disposals or sales, namely:-

    (i) Port Trust;

    (ii) Municipal Corporations, Municipal Councils, and other local authorities;

    (iii) Railway authorities;

    (iv) Shipping, transport and construction companies;

    (v) Air transport companies and air-lines including National Airport Authority;

    (vi) Transporters, holding permits for transport vehicles granted under the Motor Vehicles Act, 1988 (Central Act 59 of 1988) which are used or adopted to be used for hire;

    (vii) Andhra Pradesh State Road Transport Corporation;

    (viii) Customs Department of the Government of India administering the Customs Act, 1962 (Central Act 52 of 1962);

    (ix) Insurance and financial corporations or companies and Banks included in the Second Schedule to the Reserve Bank of India Act, 1934 (Central Act 2 of 1934);

    (x) Advertising agencies;

    (xi) Any other Corporation, company, body or authority owned or set up by or subject to administrative control of the Central Government or any State Government.

Explanation V: Save as otherwise expressly provided for under this Act, the word "dealer" shall include a VAT dealer and a TOT dealer.