50.Refund of excess payment M. VAT ACT

 

50.Refund of excess payment
 
(1)Subject to the other provisions of this Act and the rules made there under, the Commissioner shall, by order refund to a person the amount of tax, penalty, interest and fee except when the fee is paid by way of court fee stamp, if any, paid by such person in excess of the amount due from him. The refund may be either by deduction of such excess from the amount of tax, penalty, amount forfeited and interest due, if any, in respect of any other period or in any other case, by cash payment:
(In the above para for the words “the commissioner shall refund” the words “the Commissioner shall, by order refund” are substituted by the Maharashtra Act No. XXXII of 2006 Dt. 05.08.2006)
(In the above para for the words “penalty and interest,” the words, “penalty, interest and fee except when the fee is paid by way of court fee stamp,” are substituted and shall be deemed to have been substituted with effect from 1st April 2005 by the Maharashtra Act No. XXV of 2007 Dt. 06.08.2007)
Provided that, the Commissioner shall first apply such excess towards the recovery of any amount due in respect of which a notice under sub­section (4) of section 32 has been issued, or, as the case may be. any amount which is due as per any return or revised return but not paid and shall then refund the balance, if any.
(2) Where any refund is due to any dealer according to the return or revised return furnished by him for any period, then subject to the other provisions of this Act including the provisions regarding provisional refunds such refund may provisionally be adjusted by him against the tax due and payable as per the returns or revised return furnished under section 20 for any subsequent period:
Provided that, the amount of tax or penalty, interest or sum forfeited or all of them due from, and payable by, the dealer on the date of such adjustment shall first be deducted from such refund before making the adjustment.
(For the above subsection (2) the following subsection (2) is substituted by the MaharashtraAct No. XXXII of 2006 Dt. 05.08.2006)
(2) If a registered dealer has filed any returns, fresh returns or revised returns in respect of any period contained in any year and any amount is refundable to the said dealer according to the return, fresh return or revised return, then subject to rules, the dealer may adjust such refund against the amount due as per any return, fresh return or revised return for any period contained in the said year, filed under this Act or the Central Sales Tax Act, 1956 or the Maharashtra Tax on the Entry of Goods into Local Areas Act, 2002.”.
(In the above sub-section (2), the word “subsequent” is deleted by the MaharashtraAct No. XXV of 2007 Dt. 06.08.2007)