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[Cites 0, Cited by 8] [Section 8] [Entire Act]

Union of India - Subsection

Section 8(8) in The Central Sales Tax Act, 1956

(8)The provisions of sub-sections (6) and (7) shall not apply to any sale of goods made in the course of inter-State trade or commerce unless the dealer selling such goods furnishes to the [prescribed authority referred to in sub-section (4) a declaration in the prescribed manner on the prescribed form obtained from the authority specified by the Central Government under sub-section (6)] [Substituted by Act 23 of 2004, Section 118, for " authority referred to in sub-section (6), a declaration in the prescribed manner on the prescribed form obtained from the authority referred to in sub-section (5)" (w.e.f. 10.9.2004). ], duly filled in and signed by the registered dealer to whom such goods are sold.Explanation .-For the purposes of sub-section (6), the expression "special economic zone" has the meaning assigned to it in clause (iii) to Explanation 2 to the proviso to section 3 of the Central Excise Act, 1944 (1 of 1944).] [Substituted by Act 31 of 1958, Section 4, for sub-Section (4) (w.e.f. 1.10.1958). ][8-A. Determination of turnover [Inserted by Act 28 of 1969, Section 5 (retrospectively). ].-(1) In determining the turnover of a dealer for the purpose of this Act, the following deductions shall be made from the aggregate of the sale prices, namely:-((a)) the amount arrived at by applying the following formula-
Rate of tax aggregate of sale price
100 + rate of tax
Provided that no deduction on the basis of the above formula shall be made if the amount by way of tax collected by a registered dealer, in accordance with the provisions of this Act, has been otherwise deducted from the aggregate of sale prices">Provided that no deduction on the basis of the above formula shall be made if the amount by way of tax collected by a registered dealer, in accordance with the provisions of this Act, has been otherwise deducted from the aggregate of sale prices.Explanation .-Where the turnover of a dealer is taxable at different rates, the aforesaid formula shall be applied separately in respect of each part of the turnover liable to a different rate of tax;
(b)the sale price of all goods returned to the dealer by the purchasers of such goods,-
(i)within a period of three months from the date of delivery of the goods, in the case of goods returned before the 14th day of May, 1966;
(ii)within a period of six months from the date of delivery of the goods, in the case of goods returned on or after the 14th day of May, 1966:
Provided that satisfactory evidence of such return of goods and of refund or adjustment in accounts of the sale price thereof is produced before the authority competent to assess or, as the case may be, re-assess the tax payable by the dealer under this Act; and
(c)such other deductions as the Central Government may, having regard to the prevalent market conditions, facility of trade and interests of consumers, prescribe.