Section 50(1) in The Maharashtra Value Added Tax Act, 2002
(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.
