In this Act, unless there is anything repugnant in the subject or context-

(zd)(1) "Sale Price" means the amount payable to a dealer as valuable consideration for the sale or supply of any goods and includes-

(i) any amount charged for anything done by the vendor in respect of the goods at the time of, or before, the delivery thereof;

(ii) transport costs or freight, if any ;

(iii) trade commission, if any, by whatever name called ;

(iv) clearing, forwarding and handling charges, if any ;

(v) insurance charges, if any ;

(vi) taxes or duties levied under any law for the time being in force (other than tax paid or payable under this Act), by whatever name called, if any ;

(vii) cost of packing, if any ; and

(viii) the amount received or receivable by the seller by way of non-refundable deposit, whether by way of a separate agreement or not, in connection with or incidental to or ancillary to, the said sale of goods;

Explanation -I Where goods are sold on hire purchase or any system of payment by installments, the sale price of such goods shall be inclusive of insurance charges, interest and hire charges and such other charges related to hire purchase or any system of payment by installments.

Explanation-II Where goods are sold by way of transfer of right to use such goods, the sale price thereof shall be the amount of valuable consideration received or receivable by the transferor for such transfer;

Explanation-III Sale price shall not include trade discount allowed by the dealer according to the ordinary trade practice, if shown separately.

(2) Notwithstanding any thing contained in clause (1), in case of sales of goods, specified in a notification issued by the State Government in this behalf, to a person other than a dealer who is registered under section - 19, the sale price shall be deemed to be -

(a) the retail sale price, in a case where such price is required to be declared on the package thereof under the provisions of the Standard Weights and Measurement Act, 1976 (Act 60 of 1976) or the rules made thereunder or under any other law for the time being in force, or

(b) in any other case, the price on which the goods would have been sold in the normal course of business to a consumer at the retail level:

Provided that the word "person" in this clause shall not include the State Government or the Central Government or a department of the State Government or the Central Government or a Company, Corporation, Board, Authority or Undertaking owned, controlled or financed, whether partly or wholly, by the State Government or the Central Government.

Explanation-1 For the purpose of this clause, the retail sale price means the maximum sale price at which the goods may be sold to the ultimate consumer and includes all taxes (excluding tax payable under the Act), freight, transport charges, commission payable and all charges towards advertisement, delivery, packing forwarding, and the like.

Explanation-2 Where different retail sale prices are applicable for sale in different areas, each such retail sale price shall be the retail sale price for the purpose of valuation of goods intended to be sold in the area to which the retail sale price relates.