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 ...
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MRA <strong>The</strong> <strong>Value</strong> <strong>Added</strong> <strong>Tax</strong> <strong>Act</strong> 47<br />
provide for any tax that is or may become due and payable by the<br />
taxable person; and<br />
(c)<br />
do everything that is required to be done by a taxable person under this<br />
<strong>Act</strong>.<br />
(2) Any appointed person who, without reasonable cause or justification, fails to<br />
comply with any <strong>of</strong> the requirements <strong>of</strong> subsection (1) shall be personally liable to pay any<br />
tax that is or may become due and payable and shall commit an <strong>of</strong>fence.<br />
65. Refund <strong>of</strong> tax<br />
(1) Any person other than a taxable person may, within 3 years <strong>of</strong> the date <strong>of</strong><br />
payment <strong>of</strong> the tax, make an application to the Director-General, in a form approved by the<br />
Director-General, for a refund <strong>of</strong> tax paid at importation, where - 166*<br />
(a)<br />
(b)<br />
(c)<br />
the tax was paid in error;<br />
the goods are found to be defective and are subsequently exported under<br />
Customs control; or<br />
the person subsequently benefits from a duty remission.<br />
(2) Subject to subsection (3), where the Director-General is satisfied that the<br />
applicant is entitled to a refund, he shall proceed to make the refund.<br />
(3) No refund <strong>of</strong> tax which is less than 250 rupees or such other amount as may be<br />
prescribed shall be made.<br />
66. Exempt bodies or persons<br />
(1) Any body or person specified in Column 1 <strong>of</strong> the Ninth Schedule shall be exempted<br />
from the payment <strong>of</strong> VAT in respect <strong>of</strong> goods or services corresponding to the body or person<br />
specified in Column 2 <strong>of</strong> that Schedule. 167*<br />
(2) Where goods or services are supplied pursuant to subsection (1), the registered person<br />
shall not charge VAT on the goods or services supplied nor shall any element <strong>of</strong> VAT be<br />
added to the price <strong>of</strong> those goods or services. 168 *<br />
67. Erroneous refund, exemption or reduction<br />
(1) Where any person has benefited through error from a refund, exemption or<br />
reduction <strong>of</strong> tax, he shall be liable to pay the amount <strong>of</strong> tax which has been erroneously<br />
refunded, exempted or reduced.<br />
(2) <strong>The</strong> Director-General may, by written notice, order the person under<br />
subsection (1) to pay, within 28 days <strong>of</strong> the date <strong>of</strong> the notice, the tax which has been<br />
erroneously refunded, exempted or reduced, together with the appropriate interest under<br />
section 27A(1)(c)(i). 169*<br />
* Please refer to endnotes at Appendix Page 47 <strong>of</strong> 107