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Section 44: Refunds

The Kerala General Sales Tax Act, 1963 (No.15 of 1963)State Act of Kerala · Act 15 of 1963

( I) When an assessing authority finds, at the time of final assessment, that the: dealer has pa1d tax in excess of what is due from him, it shall refund the excess to the dealer.

(2) When the assessing authority receives an order from any appellate or revisional authority to make refund of tax or penalty paid by a dealer, it shall effect the refund. •

(3) Notwithstandmg anything con tamed in ~ub-sections (I) and

(2), the assessing authority shall have power to adjust the amount due to be refunded under sub-sect1on (I) or sub-section (2) towards the recovery of any amount due, on the date of adJUStment, from the dealer.

(4) In case refund under sub-sectiOn (I) or sub-section (2) or ad­ JUStment under sub-section (3) IS not made w1thm ninety days of the date of final assessment or, as the case may be, within nmety days of the date of receipt of the order in appeal or revision or the date of expiry of the time for preferring appeal or revision, the dealer shall be entitled ·- 69 to-claim interest at the rate of slX per cent per annum on the amount due to h1m from the date of expiry of the said period up to the date of payment or adjustment.

Where this provision sits

ActThe Kerala General Sales Tax Act, 1963 (No.15 of 1963)
Section44
Marginal noteRefunds
JurisdictionState of Kerala
StatusIn force as published by the source
Judgments citing it1

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