(4)(a)Where any return filled under this Act shows any amount to be refundable to a dealer on account of sale in course of export out of the territory of India or, on account of claim of deductions or exemptions provided under this Act, the dealer may make an application in such form to the assessing authority for refund in such manner and in such form as may be prescribed.Explanation. - For the purpose of this sub-section, the expression "export out of the territory of India" shall have the meaning assigned to it under the provisions of sub-section (1) of section 5 of the Central Sales Tax Act, 1956 :Provided that the burden of proving that any Scheduled goods were sold in the courses of export out of the territory of India shall be on the registered dealer.(b)As soon as may be, on receipt of the application for such refund, the assessing authority shall direct a tax audit under section 9-C for the tax period pertaining to such refund as covered under the return referred to in clause (a) which shall be completed within a period of one month from the date of issue of such direction, to establish the correctness of such claim:Provided that if there is any delay in completing the audit under this sub-section due to non-co-operation of the dealer or non-production of evidence as may be required to be furnished in support of the claim of refund or any other lapse on the part of the dealer, the period of such delay shall b excluded while computing the period of limitation and such period shall not be reckoned for grant of interest, if any, admissible under sub-section (5) :Provided further that if such lapse on the part of the dealer persists without nay valid reason, the assessing authority may reject the application for such refund after giving the dealer an opportunity of being heard.(c)Where, on assessment based on tax audit under clause (b) the amount of refund claimed is found to be inadmissible or more than what is admissible then, the claim of refund of excess amount shall be disallowed and if, in consequence thereof, any amount is found due from the dealer, he shall be liable to pay interest at the rate of two per centum per month on that amount from the date of filing of the return giving rise to the refund till the date of assessment.
