The Bombay Sales Tax Rules, 1959
Chapter VII : Grant of Draw Back, Set off and Refund
7[bst8] [R. 42L. Drawback, set-off etc. of tax paid by a Registered dealer in respect of goods specified in entry 20 or 22 in Part II of Schedule C.- In assessing the amount of tax payable by a Registered dealer (hereinafter referred to as "the claimant dealer") to whom resale otherwise is not allowed because of provisions contained in section 8(i) and (ii) of the Act, for any period starting on or after 1st May 2001, in respect of sales of goods specified in entry 20 or 22 in Part II of Schedule C, the Commissioner shall in respect of purchases made by the claimant dealer of such goods, grant him a drawback, set-off or as the case may be, a refund of the sums determined in accordance with the provisions of rule 44D:
Provided that, 8[bst9] [where the claimant dealer is holding Liquor Vendor Licence in Form FL II appended to the Bombay Foreign Liquor Rules, 1953 or, in Form CL III or in Form CL/FL/TOD/III appended to the Maharashtra Country Liquor Rules, 1973, and] where the actual sale price is less than the maximum retail price (M.R.P.), the set-off, drawback shall be granted to the extent of sum determined in accordance with the formula given in table below :-
Table
SP/M R P X Sum of set-off, drawback, etc. determined.
SP =Actual turnover of sales of goods covered by entry 20 or 22 in Part II of Schedule C.
MRP = Total turnover according to the Maximum Retail Price of the liquor sold :-
Provided further that, in any case the drawback, set-off, or as the case may be a refund, under this rule, shall not exceed the amount of tax payable by the claimant dealer on sale of such goods.]