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THE HIMACHAL PRADESH VALUE ADDED TAX ACT, 2005.
CHAPTER I : PRILIMINARY

2. Definitions.

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

(g) "dealer" means any person who carries on (whether regularly or otherwise) the business of buying, selling, supplying or distributing goods, directly or indirectly, for cash, or for deferred payment, or for commission, remuneration or other valuable consideration, and includes,-

    (i) a local authority, a body corporate, a company, a co-operative society or other society, club, firm, Hindu Undivided Family or other association of persons which carries on such business;

    (ii) a factor, broker, commission agent, a dealer's agent or any other mercantile agent, by whatever name called;

    (iii) an auctioneer who carries on the business of selling or auctioning goods belonging to any principal, whether disclosed or not, and whether the offer of the intending purchaser is accepted by him or by the principal or a nominee of the principal;

    (iv) every person engaged in the business of,-

      (a) transfer, otherwise than in pursuance of a contract, of property in any goods for cash, deferred payment or other valuable consideration;

      (b) transfer of property in goods (whether as goods or in some other form) involved in the execution of a works contract;

      (c) delivery of goods on hire-purchase or any system of payment by instalments;

      (d) transfer of the right to use any goods for any purpose (whether or not for a specified period) for cash, deferred payment or other valuable consideration;

      (e) supply of goods by any unincorporated association or body of persons to a member thereof for cash, deferred payment or other valuable consideration; and

      (f) supply, 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) where such supply or service, is for cash, deferred payment or other valuable consideration;

Explanation (I). -- Every person who acts as an agent, in Himachal Pradesh, of a dealer residing outside this 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(3 of 1930) ; or

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

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

and every local branch or office in Himachal Pradesh of a firm registered outside this State or a company or other body corporate, the principal office or headquarters whereof is outside this State, shall be deemed to be a dealer for the purpose of this Act.

Explanation (II). -- Every department, or its subordinate offices, of a 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, except in relation to any sale, supply or distribution of surplus, unserviceable or old stores or materials or waste products or obsolete or discarded machinery or parts or accessories thereof, be deemed to be a dealer for the purpose of this Act.

Explanation (III). -- For the purpose of this clause "Government" shall include the Central Government or the Government of any other State or Union Territory.