58.
| (1) Where a registered person makes an application for a refund of any tax or any penalty paid by him in excess during the taxable period within three years immediately after the end of the taxable period and satisfies the Commissioner-General that such person has paid any tax or any penalty in excess of the amount which he was liable to pay for that period, such person shall be entitled to a refund of the amount paid in excess, subject to provisions of subsection (3): |
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| (2) Where through death, incapacity, bankruptcy, liquidation or other cause a registered person who would but for such cause have been entitled to make a claim under subsection (1) is unable to do so, his executor, trustee or receiver as the case may be, shall be entitled to a refund of any tax or penalty paid in excess within the meaning of subsection (1) by such person for the benefit of such person or his estate. |
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| (3) Notwithstanding anything in subsection (1)-
| | (a) where any registered person has failed to pay the Commissioner-General in whole or in part, any tax in respect of any taxable period, or a month in a taxable period, any amount of tax payable before the due date may be set off after due notice to such person against that unpaid tax, any amount or any part of any amount otherwise refundable to that person or any amount or part of any amount of interest payable to that person under section 59, and shall treat any amount so set off as a payment received from such registered person ; | | |
| | (b) Where any registered person, in respect of, any taxable period or in a month in a taxable period has not furnished a return for any taxable period or a month in a taxable period, the Commissioner-General may withhold payment of any amount otherwise refundable or any amount of interest payable under section 59 of this Act, until such registered person has furnished such return. | | |
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Sri Lanka Consolidated Acts