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The West Bengal Sales Tax Act, 1994
Chapter III : INCIDENCE AND LEVY OF TAX AND RATE OF TAX

22C. Set-off of tax payable on sales of goods specified in Schedule VIII.

(1) Subject to other provisions of this section, there shall be a set-off of the amount of tax which has been realised from a registered dealer, on or after coming into force of this section, in respect of sales to him in West Bengal of any goods specified in Schedule VIII against the amount of tax payable by him on resale of such goods in West Bengal.

Explanation.- For the purpose of this section, the expression "in West Bengal" shall not include sales in the course of inter-State trade or commerce within the meaning of section 3 of the Central Sales Tax Act, 1956, or in the course of import of the goods into, or export of the goods out of, the territory of India within the meaning of section 5 of that Act.

(2) A registered dealer who intends to claim a set-off of the amount of tax under sub-section (1), shall, for the purpose of determining the amount of tax to be set-off, maintain accounts, records or evidence in respect of the value or quantity of goods specified in Schedule VIII purchased by him in West Bengal.

(3) No claim for set-off under sub-section (1) shall be allowed to a registered dealer against his purchases of goods specified in Schedule VIII, unless the amount of tax has been separately charged and shown in the bill or cash memo issued to him by the registered dealer from whom he has purchased such goods.

(4) The claim for set-off of the amount of tax realised from a registered dealer on sale to him of any goods specified in Schedule VIII, shall not exceed the amount of tax payable by such dealer on his resale of such goods.