Sales tax abatement: deduct only the sales tax legally chargeable and billed, not set-off amounts affecting remittance. The allowable sales-tax abatement for computing assessable value under section 4 is the amount legally chargeable and billed to the buyer under local sales-tax law; sales-tax set-off that reduces tax remitted by the assessee does not reduce the sales-tax amount eligible for deduction from transaction value, except where State law requires consignment-wise adjustment so that only a net billed tax is legitimately chargeable.
Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
Provisions expressly mentioned in the judgment/order text.
Sales tax abatement: deduct only the sales tax legally chargeable and billed, not set-off amounts affecting remittance.
The allowable sales-tax abatement for computing assessable value under section 4 is the amount legally chargeable and billed to the buyer under local sales-tax law; sales-tax set-off that reduces tax remitted by the assessee does not reduce the sales-tax amount eligible for deduction from transaction value, except where State law requires consignment-wise adjustment so that only a net billed tax is legitimately chargeable.
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