§ 93C — Recovery of cash grant from companies

93C.—(1) Where a company receives a cash grant under any provision of this Part (other than a grant given under section 92B, 92C, 92J or 93B) —(a)

without having satisfied all the requirements to qualify for the cash grant; or

(b)

that is in excess of that which may be given to the company under that provision,

the amount of the cash grant or the excess amount of the cash grant (as the case may be) is recoverable by the Comptroller from the company as a debt due to the Government.

(2) The Comptroller must send the company a notice specifying the amount to be repaid under subsection (1), and the company must pay the amount at the place stated in the notice within one month after the service of the notice.

(3) The Comptroller may, in his or her discretion and subject to such terms and conditions as the Comptroller may impose, extend the time limit within which payment under subsection (2) is to be made.

(4) Sections 57, 87(1) and (2), 89 and 90 apply with the necessary modifications to the collection and recovery by the Comptroller of the amounts recoverable under subsection (1) as they apply to the collection and recovery of tax.

(5) Without affecting subsections (2), (3) and (4), where an amount of cash grant (other than a grant under section 93B) (amount A) is to be made to a company under a provision of this Part and an amount of another cash grant (other than a grant under section 93B) (amount B) that was previously made to a company under another provision of this Part is recoverable by the Comptroller as a debt due to the Government under subsection (1), section 92B(4), 92C(5) or 92J(6), then —(a)

despite the firstmentioned provision, amount A is reduced by amount B; and

(b)

the amount of the reduction is treated as a repayment by the company of the debt due to the Government.

(6) In addition, where an amount of cash grant (other than a grant under section 93B) is to be made to the company under a provision of this Part and any tax, duty, interest or penalty is due from the company —(a)

under this Act to the Comptroller of Income Tax;

(b)

under the Goods and Services Tax Act 1993 to the Comptroller of Goods and Services Tax;

(c)

under the Property Tax Act 1960 to the Comptroller of Property Tax; or

(d)

under the Stamp Duties Act 1929 to the Commissioner of Stamp Duties,

then —

(e)

despite that provision, the amount of cash grant to be made by the Comptroller to the company must be reduced by the amount so due; and

(f)

the amount of the reduction is treated as tax, duty, interest or penalty paid by the company under the relevant Act and must (if it is due under an Act other than this Act) be paid by the Comptroller to the Comptroller of Goods and Services Tax, the Comptroller of Property Tax or the Commissioner of Stamp Duties, as the case may be.

(7) Where the amount of cash grant to be made to the company is less than the sum of the amount of cash grant recoverable by the Comptroller from the company under subsection (5) and the amount of tax, duty, interest or penalty due by the company under subsection (6), the Comptroller may determine the amount of reduction to be made under subsection (5) or (6), or both, in a manner that he or she considers reasonable.[Act 25 of 2025 wef 08/12/2025]

—(1) Where a company receives a cash grant under any provision of this Part (other than a grant given under section 92B, 92C, 92J or 93B) —(a)

without having satisfied all the requirements to qualify for the cash grant; or

(b)

that is in excess of that which may be given to the company under that provision,

the amount of the cash grant or the excess amount of the cash grant (as the case may be) is recoverable by the Comptroller from the company as a debt due to the Government.

(2) The Comptroller must send the company a notice specifying the amount to be repaid under subsection (1), and the company must pay the amount at the place stated in the notice within one month after the service of the notice.

(3) The Comptroller may, in his or her discretion and subject to such terms and conditions as the Comptroller may impose, extend the time limit within which payment under subsection (2) is to be made.

(4) Sections 57, 87(1) and (2), 89 and 90 apply with the necessary modifications to the collection and recovery by the Comptroller of the amounts recoverable under subsection (1) as they apply to the collection and recovery of tax.

(5) Without affecting subsections (2), (3) and (4), where an amount of cash grant (other than a grant under section 93B) (amount A) is to be made to a company under a provision of this Part and an amount of another cash grant (other than a grant under section 93B) (amount B) that was previously made to a company under another provision of this Part is recoverable by the Comptroller as a debt due to the Government under subsection (1), section 92B(4), 92C(5) or 92J(6), then —(a)

despite the firstmentioned provision, amount A is reduced by amount B; and

(b)

the amount of the reduction is treated as a repayment by the company of the debt due to the Government.

(6) In addition, where an amount of cash grant (other than a grant under section 93B) is to be made to the company under a provision of this Part and any tax, duty, interest or penalty is due from the company —(a)

under this Act to the Comptroller of Income Tax;

(b)

under the Goods and Services Tax Act 1993 to the Comptroller of Goods and Services Tax;

(c)

under the Property Tax Act 1960 to the Comptroller of Property Tax; or

(d)

under the Stamp Duties Act 1929 to the Commissioner of Stamp Duties,

then —

(e)

despite that provision, the amount of cash grant to be made by the Comptroller to the company must be reduced by the amount so due; and

(f)

the amount of the reduction is treated as tax, duty, interest or penalty paid by the company under the relevant Act and must (if it is due under an Act other than this Act) be paid by the Comptroller to the Comptroller of Goods and Services Tax, the Comptroller of Property Tax or the Commissioner of Stamp Duties, as the case may be.

(7) Where the amount of cash grant to be made to the company is less than the sum of the amount of cash grant recoverable by the Comptroller from the company under subsection (5) and the amount of tax, duty, interest or penalty due by the company under subsection (6), the Comptroller may determine the amount of reduction to be made under subsection (5) or (6), or both, in a manner that he or she considers reasonable.[Act 25 of 2025 wef 08/12/2025]