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43. Refunds

(1) For the purposes of section 68 the following shall be the prescribed authority –

(a) Circle Incharge, if the amount to be refunded does not exceed Rs.50,000/-; and

(b) the Joint Commissioner, if the amount to be refunded exceeds, Rs.50,000/-.

(2) An application from a person for refund of excess tax paid shall be made to the authority specified in sub-rule (1) in Form A-VIII and shall clearly specify the grounds upon which the refund is claimed.

(3) The authority specified in sub-rule (1) shall –

(i) in the case of refund by adjustment against any amount payable by the dealer for any other period, issue a refund adjustment order in Form C-V accompanied by a challan for adjustment. A copy of the Refund adjustment order shall also be forwarded simultaneously to the treasury officer or the bank concerned, as the case may be; and

(ii) in the case of refund in cash, issue a refund payment order in Form C-VI and shall cause it to be delivered for encashment to the dealer or his manager, if any, declared under section 22. A copy of the Refund Payment order shall also be forwarded simultaneously to the treasury officer or the bank concerned, as the case may be.

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