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The Jharkhand Value Added Tax Act, 2005
9. Levy of Tax on Sale and Determination of Taxable Turnover -

9. Levy of Tax on Sale and Determination of Taxable Turnover -

(1) Subject to the provisions as contained in Section 11 and sub-Section (2) of this Section, the tax payable by a dealer liable to pay tax under Section 8, shall be levied at every stage or stages of sales on sale price(s) of goods.

Provided; in the circumstances a registered dealer making sales of taxable goods to an unregistered dealer or to any other Person: the output tax payable shall be levied on the Maximum Retail Price for such goods, at the stage of sale by the Registered Dealer.

(2) The tax payable by a dealer liable to pay tax under Section 8, on sales of such goods as mentioned in part E of Schedule II of this Act, shall be levied on his taxable turnover of sales, at the first stage of sale in the state by a dealer, and subsequent sales of the same goods shall not be levied to tax, if the dealer making subsequent sales of such goods, produces before the Prescribed Authority such evidence(s), as may be prescribed.

(3) Taxable turnover of sales in relation to a dealer liable to pay tax on sale of goods under sub-Section (1) of Section 8 shall be part of the gross turnover of sales during any period which remains after deducting there from.

    (a) sales of goods declared as exempt from tax in schedule 'I'.

    (b) sales of goods which are shown to the satisfaction of the prescribed authority to have taken place-

      (i) in the course of inter-State trade or commence, or

      (ii) outside the State of Jharkhand, or

      (iii) in the course of the import of the goods into or export of the goods out of the territory of India.

    Explanation -Sections 3, 4 and 5 of the Central Sales Tax Act, 1956 shall apply for determining whether or not a particular sale or purchase has taken place in the manner indicated in sub-clause (i) sub-clause (ii) or sub-clause (iii).

    (c) in case of turnover of sales in relation to works contract, the charges towards labour, services other like charges and subject to such conditions as may be prescribed :

    Provided that in the cases where the amount of charges towards labour, services and other like charges in such contract are not ascertainable from the terms and conditions of the contract, the amount of such charges shall be calculated at the prescribed percentage.

    (d) such other sales on such conditions and restrictions as may be prescribed.