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Issues: Whether sales tax collected from customers, though not shown separately in the sale memos, could still be deducted while computing taxable turnover under section 7 of the Bihar Sales Tax Act, 1959.
Analysis: The expression "collected as such" in section 7(1)(b) and section 7(2)(a)(ii) was held to mean that the dealer must establish by reliable evidence that a part of the amount received represented sales tax, and not necessarily that the sale memo itself must separately show the tax. The relevant inquiry is whether the department can be satisfied, on acceptable material such as account books or other evidence, that sales tax was actually collected as such. Since the Deputy Commissioner had accepted the dealer's evidence and the Tribunal did not find that evidence unreliable, the Tribunal could not reverse the allowance of deduction merely on a narrow reading of the sale memos.
Conclusion: The dealer was entitled to the deduction, and the Tribunal was not justified in disallowing it; the answer was against the revenue and in favour of the dealer.
Ratio Decidendi: For deduction of sales tax under section 7, proof that tax was actually collected as such may be furnished by reliable evidence other than the sale memo itself, and the taxing authority must consider that evidence before disallowing the claim.