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The Orissa Value Added Tax Act, 2004
CHAPTER I : PRELIMINARY

Body 2. Definitions

In this Act, unless the context otherwise requires,-

(45). "Sale" with all its grammatical variations and cognate expressions, means every transfer of the property in goods, other than by way of mortgage, hypothecation, charge or pledge, by one person to another in the course of trade or business for cash, deferred payment or other valuable consideration,and includes -

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

    (b) (Omitted w.e.f. 01-07-2017),

    (c) delivery of goods on hire purchase or any other system of payment by instalments,

    (d) a transfer of goods by any unincorporated association or body of persons to a member thereof for cash, deferred payment or any other valuable consideration,

    (e) (Omitted w.e.f. 01-07-2017),

    (f) (Omitted w.e.f. 01-07-2017),

and such transfer, delivery or supply of any goods shall be deemed to be a sale of those goods by the person making the transfer, delivery or supply and a purchase of those goods by the person to whom such transfer, delivery or supply is made, but does not include a mortgage, hypothecation, charge or pledge.

Explanations.-(a) A sale or purchase of goods shall be deemed to have taken place inside the State if the goods are within the State -

    (i) in the case of specific or ascertained goods, at the time the contract of sale is made, and

    (ii) in the case of unascertained or future goods, at the time of their appropriation to the contract of sale by the seller, or by the buyer, whether assent is prior or subsequent to such appropriation.

(b) Where there is a single contract of sale or purchase of goods situated in more than one place, the provisions of this Explanation shall apply as if therewere separate contracts in respect of the goods at each of such places.

Note. -A sale or purchase of goods shall not be deemed to have taken place inside the State, if the goods are sold-

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

    (ii) outside the State, or

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