Cap. 406 ст. 24Refund of excess credit to persons registered under article 10.

(1) Saving the other provisions of this Act, when the deductions allowable to a person registered under article 10 for a tax period exceed the output tax of that person for that period the excess shall be an excess credit of that person for that period.

(2) The amount of excess credit of a person registered under article 10 for a tax period shall, to the extent that it is not set off against any amount due by that person to the Commissioner in accordance with article 21(1), be a refund payable to such person by not later than five (5) months from the expiration of the time allowed for the furnishing of the tax return for that tax period or from the day on which the said return has been furnished to the Commissioner, whichever is the later:

Provided that where a person to whom a refund is payable in terms of this sub-article has, by the date the refund claim is due, failed to submit a tax return, or return of income in respect of the year of assessment 1999 or any subsequent years of assessment by the date required to be submitted in accordance with the provisions of the Income Tax Management Act, and such failure persists until the date such refund becomes payable, any such refund shall not be paid to such person and shall be withheld by the Commissioner until such time as the said tax return or return of income is submitted; and provided further that notwithstanding any other provisions of this Act, no interest shall be due by the Commissioner in respect of the period during which the said refund was withheld on account of failure to submit a tax return or return of income for the purposes of the Income Tax Management Act:

Provided further that notwithstanding the foregoing provisions of this sub-article, the Commissioner may set off any amount of excess credit of a person, to the extent that it is not set off against any amount due by that person to the Commissioner in accordance with article 21(1), against any amounts due by that person to the Commissioner in accordance with any of the provisions of the revenue acts.

(3) Interest shall be due to a person to whom a refund is due in accordance with this article at the rate specified in or prescribed in terms of article 21(4) from the date by which the refund is payable in accordance with this article until the date when it is paid or when a cheque or draft for the payment thereof is given or posted to that person by the Commissioner:

Provided that no interest shall be due for any period during which such person fails to produce information and, or documentation as may be requested by the Commissioner, for the verification of the amount claimed.

(4) For the purpose of any such verifications as he may consider necessary to ascertain the amount refundable, the Commissioner may, by notice in writing to the person to whom a refund is due, extend the time limit referred to in sub-article (2) by not more than twelve months: Provided that the running of interest on the said refund shall not be meanwhile suspended.