CHAPTER 75:01 - Inland Revenue Division

Income Tax Act Mac 1
Vol. 1
(2) The extension of the time within which such claim for repayment shall
be made has effect for the former years of assessment 1961 and 1962, and
subsequent years of income.
(3) Except as regards sums repayable on an objection or appeal, no repayment
shall be made to any person in respect of any year of income as regards
which that person has failed or neglected to deliver a return or has
been assessed in a sum in excess of the amount contained in his return,
provided that he has received notice of the assessment made upon him for
that year, unless it is proved to the satisfaction of the Board that such
failure or neglect to deliver a true and correct return did not proceed from
any fraud or willful act or omission on the part of that person.
91. Notwithstanding any provision of section 90 to the contrary, where, after
the assessment has been made in accordance with the provisions of this
Act, any amount collected as required by section 99 is found to be in
excess of the amount of tax shown to be payable in an assessment, the
excess shall be refunded as soon as practicable thereafter to the person
from whose emoluments the tax was deducted or withheld.
Refund of excess of tax collected under Section 99
92. (1) For the purposes of sections 79 and 82, but subject to section 90, if any
person shall deliver a return of his income for a year of income within two
years from the end of the year, the Board -
Refunds
(a) may, upon serving the notice of assessment for the year, refund,
without application therefor, any overpayment made on account of
the tax; and
(b) shall make such a refund after serving the notice of assessment if
application therefor has been made in writing by that person within
twelve months from the day on which the overpayment was made or
the day on which the notice of assessment was served.
(2) Instead of making a refund that might otherwise be made under this
section, the Board may, where the person is liable or about to become
liable to make another payment under this Act, apply the amount of the
overpayment to that other liability and notify such person of that action.
(3) For the purpose of this section "overpayment" means the aggregate of
all amounts paid on account of tax less all amounts payable under this Act
or an amount so paid where no amount is so payable.
(4) Where an amount in respect of an overpayment is refunded or applied
under this section to other liability, interest at the rate of four per cent per
annum shall be paid or applied thereon for the period commencing with
the latest of -
BIR Mac Edition 91/01 Page 109