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Value Added Tax Act 1998 - The Mauritius Chamber of Commerce ...

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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

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