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    <title>1984 (4) TMI 257 - BOMBAY HIGH COURT</title>
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    <description>Section 46(2) of the Bombay Sales Tax Act bars a registered dealer from collecting tax in excess of the tax payable under the Act, and the correct test is transaction-wise compliance rather than comparing total annual collections with total tax liability. Aggregating all tax collected during the year and netting it against the final liability would distort the statutory purpose, which is to prevent collection on non-exigible transactions and to forfeit excess amounts so collected. On that construction, the Tribunal was wrong to set aside the forfeiture order, and the issue was answered against the assessee.</description>
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    <pubDate>Fri, 06 Apr 1984 00:00:00 +0530</pubDate>
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      <title>1984 (4) TMI 257 - BOMBAY HIGH COURT</title>
      <link>https://www.taxtmi.com/caselaws?id=154107</link>
      <description>Section 46(2) of the Bombay Sales Tax Act bars a registered dealer from collecting tax in excess of the tax payable under the Act, and the correct test is transaction-wise compliance rather than comparing total annual collections with total tax liability. Aggregating all tax collected during the year and netting it against the final liability would distort the statutory purpose, which is to prevent collection on non-exigible transactions and to forfeit excess amounts so collected. On that construction, the Tribunal was wrong to set aside the forfeiture order, and the issue was answered against the assessee.</description>
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      <pubDate>Fri, 06 Apr 1984 00:00:00 +0530</pubDate>
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