(1) Subject to other provisions of this Act and the Rules made thereunder, the Commissioner shall in the manner and within the time as may be prescribed, refund to a dealer any amount of tax, penalty or interest paid by such dealer in excess of the amount 84[due from him under this Act or unduly paid b him and also excess of input tax credit] over output tax payable under this Act. The amount of such refund shall be credited to the declared Bank account of the dealer.
85[(2) “When any amount refundable to any dealer or person under an order made under any provisions of this Act, including refund admissible to an exporter under subsection (3) of section 10, is not refunded within a period of ninety days,—
(a) where the amount to be refunded does not exceed rupees fifty thousand, from the date of order of refund; or
(b) where the amount to be refunded exceed rupees fifty thousand, from the date of,— ---32---
(i) sanction of amount refundable by the sanctioning authority as prescribed; or
(ii) sanction of amount refundable by the sanctioning authority to an exporter under sub-section (3) of section 10, the authority shall pay such person simple interest at the rate of eight percent per annum on the said amount from the date immediately following the day of expiry of the said ninety days to the day of refund:
Provided that the interest calculable shall be on the balance of the amount remaining after adjusting out of the refundable amount any tax, penalty or other amount due under this Act, for any year by the person on the date from which such interest is calculable.]
86[(3) Notwithstanding anything to the contrary contained in this Act or any other law for the time being in force, any application seeking refund shall be filed within a period of two years from the close of the financial year to which the refund pertains and no refund application shall be entertained and no refund shall be sanctioned in pursuance of such application filed after expiry of said period of two years. This limitation bar of two years shall not apply to any refund determined in the order passed in respect of assessment/rectification/review/appeal or any other order passed in accordance with this Act within the limitation period for passing such order.]