(1) Subject to the provisions
of sub-section (2), if in relation
to a tax period, the total deduction
of input tax and other adjustments
as specified in section 9 exceed the
output tax, the excess amount shall
be carried forward by the registered
manufacturer, importer, wholesaler
or retailer to the next tax period
and shall be treated as input tax
for that tax period:
Provided that any excess amount
of tax carried forward, from the previous
tax
period may be refunded to the registered
person subject to such conditions,
restrictions and limitations as the
Board, may by notification in the
official
Gazette, specify
Provided further that the refund
of tax charged on the acquisition
of plant and machinery shall also
be admissible to the registered person
who, at the time of taking delivery
of taxable plant and machinery, its
components and spare parts is not
making taxable supplies, subject to
the condition that he shall, within
the period specified by the Board,
by notification in the official Gazette,
commence taxable supplies and complies
with such other conditions as are
specified therein.
(2) Notwithstanding anything contained
in sub-section (1), the input tax
incurred in connection with a zero-rated
supply shall be refunded not later
than thirty days of filing of return
in such manner and subject to such
conditions as the Board may, by notification
in the official Gazette, specify.
(3) If a registered person is liable
to pay any tax, additional tax or
penalty payable under any law administered
by the Board, the refund of input
tax shall be made after adjustment
of unpaid outstanding amount of tax
or, as the case may, additional tax
and penalty.
(4) Where there is reason to believe
that a person has claimed input tax
credit or refund which was not admissible
to him, the provisions regarding time
limit shall not apply till the investigation,
including the verification of the
deposit of tax claimed as refund,
is completed and the claim is either
accepted or rejected.
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