Value Added Tax Act 1998 - The Mauritius Chamber of Commerce ...
Value Added Tax Act 1998 - The Mauritius Chamber of Commerce ...
Value Added Tax Act 1998 - The Mauritius Chamber of Commerce ...
You also want an ePaper? Increase the reach of your titles
YUMPU automatically turns print PDFs into web optimized ePapers that Google loves.
MRA <strong>The</strong> <strong>Value</strong> <strong>Added</strong> <strong>Tax</strong> <strong>Act</strong> 25<br />
(ii)<br />
retain the excess amount to be carried forward onto the return<br />
for the following taxable period.<br />
(5) Any claim for repayment under this section shall be made in such manner and<br />
in such form as may be approved by the Director-General and shall be submitted together<br />
with the return.<br />
(6) Where a claim for repayment is made under this section, the amount claimed<br />
shall not be carried forward onto the return for the following taxable period and the Director-<br />
General may, on being satisfied that the registered person is entitled to the repayment,<br />
proceed to make the repayment.<br />
(7) A repayment under this section shall be made within 45 days <strong>of</strong> the date <strong>of</strong><br />
receipt by the Director-General <strong>of</strong> the return and the claim referred to in subsection (5).<br />
(8) Where the repayment is made after the period specified in subsection (7), the<br />
repayment shall carry interest at the prevailing Bank rate.<br />
(9) Where in respect <strong>of</strong> a claim for repayment under this section, it is found that<br />
an amount has been overclaimed, the registered person shall, subject to subsection (10), be<br />
liable to pay to the Director-General a penalty representing 20 per cent <strong>of</strong> the amount<br />
overclaimed provided that the penalty shall not exceed 200,000 rupees. 104*<br />
(10) Subsection (9) shall not apply where the amount <strong>of</strong> penalty does not exceed<br />
250 rupees. 105*<br />
(11) Subject to subsection (12), the penalty under subsection (9) shall be payable to<br />
the Director-General within 28 days <strong>of</strong> the date <strong>of</strong> the notification for payment <strong>of</strong> the<br />
penalty. 106 *<br />
(12) Any penalty payable under subsection (9) shall be applied and set <strong>of</strong>f against<br />
any amount <strong>of</strong> tax which is for the time being repayable to the registered person. 107*<br />
25. Change in taxable period<br />
(1) Where the annual turnover <strong>of</strong> taxable supplies <strong>of</strong> a registered person whose<br />
taxable period is a quarter exceeds the amount specified in the Second Schedule, he shall -<br />
(a)<br />
(b)<br />
within 15 days <strong>of</strong> the date <strong>of</strong> the closing <strong>of</strong> his annual accounts, notify<br />
the Director-General <strong>of</strong> that fact in writing; and 108*<br />
change his taxable period from a quarter to a month as from the month<br />
immediately following that quarter.<br />
(2) Where the annual turnover <strong>of</strong> taxable supplies <strong>of</strong> a registered person whose<br />
taxable period is a month does not exceed the amount specified in the Second Schedule, he<br />
may -<br />
(a) within 15 days <strong>of</strong> the date <strong>of</strong> the closing <strong>of</strong> his annual accounts, notify<br />
the Director-General <strong>of</strong> that fact in writing; and 109*<br />
* Please refer to endnotes at Appendix Page 25 <strong>of</strong> 107