45. Power to Revenue-authority to refund penalty or excess duty in certain cases.
(1)Where any penalty is paid under section 35 or section 40, the [Chief Controlling Revenue-authority] [For its definition, see the General Clauses Act, 1897, section 3.] may, upon application in writing made within one year from the date of the payment, refund such penalty wholly or in part.(2)Where, in the opinion of the [Chief Controlling Revenue-authority] [For its definition, see the General Clauses Act, 1897, section 3.], stamp- duty in excess of that which is legally chargeable has been charged and paid under section 35 or section 40, such authority may, upon application in writing made within three months of the order charging the same, refund the excess.
