Section 50 in The Maharashtra Value Added Tax Act, 2002
50. Refund of excess payment.
(1)Subject to the other provisions of this Act and the rules made thereunder, [the Commissioner shall, by order refund] [These words were substituted for the words 'the Commissioner shall refund' by Maharashtra 32 of 2006, Section 49(a), (w.e.f. 20-6-2006).] to a person the amount or [tax, penalty, interest, security deposit deposited under Section 16] [These words were substituted for the words 'tax, penalty and interest' by Maharashtra 15 of 2011, Section 15, (w.e.f. 1-5-2011).] and fee except when the fee is paid by way of court fee stamp, if any, paid by such person in excess of the amount due from him. The refund may be either by deduction of such excess from the amount of tax, penalty, amount forfeited and interest due, if any, in respect of any other period or in any other case, by cash payment:Provided that, the Commissioner shall first apply such excess towards the recovery of any amount due in respect of which a notice under sub-section (4) of section 32 has been issued, or, as the case may be, any amount which is due as per any return or revised return but not paid and shall then refund the balance, if any.(2)[] [[Sub-section (2) substituted by Maharashtra 32 of 2006, Section 49(b), (w.e.f. 20-6-2006). Prior to its substitution read as under:(2)Where any refund is due to any dealer according to the return or revised return furnished by him for any period, then subject to the other provisions of this Act including the provisions regarding provisional refunds such refund may provisionally be adjusted by him against the tax due and payable as per the returns or revised return furnished under section 20 for any subsequent period:Provided that, the amount of tax or penalty, interest or sum forfeited or all of them due from, and payable by, the dealer on the date of such adjustment shall first be deducted from such refund before making the adjustment.]] If a registered dealer has filed any returns, fresh returns or revised returns in respect of any period contained in any year and any amount is refundable to the said dealer according to the return, fresh return or revised return, then subject to rules, the dealer may adjust such refund against the amount due as per any return, fresh return or revised return for any [* * *] [The word 'subsequent' deleted by Maharashtra 25 of 2007, Section 15(2), (w.e.f. 15-8-2007).] period contained in the said year, filed under this Act or the Central Sales Tax Act, 1956 (74 of 1956) or the Maharashtra Tax on the Entry of Goods into Local Areas Act, 2002.[Provided that, for the period commencing on or after the 1st April 2012, a dealer whose refund claim in a year is rupees five lakh or less, may, carry forward such refund to the return or revised return for immediate succeeding year to which such refund relates.] [This proviso was added by Maharashtra Tax Laws (Levy and Amendment) Act, 2013, Section 10, (w.e.f. 1-5-2013).]
