§ 60 — Repayment of MTT and DTT

60.—(1) If it is proved to the Comptroller’s satisfaction that any part of any MTT or DTT has been paid in excess of the amount payable under this Act, the payer is entitled to have the amount so paid in excess refunded.(2) A claim for repayment must be made no later than —(a)

in the case of MTT — 31 December of the 5th year after the year in which the due date mentioned in section 41(3)(a) or (b) (whichever is applicable) falls; or

(b)

in the case of DTT — 31 December of the 5th year after the financial year to which the DTT relates.

(3) This section does not operate to extend any time limit for appeal or validate any objection or appeal which is otherwise invalid or authorise the revision of any assessment or other matter which has become final and conclusive.

(4) The Comptroller must certify any amount repayable under this section and must cause repayment to be made immediately.

(5) Where an order or decision by the Board of Review or by any court gives rise to any claim for a refund of MTT or DTT, the Comptroller may, where the Comptroller has given written notice of the Comptroller’s intention to appeal against such order or decision, withhold the refund until such time as the appeal is finally determined.

(6) Where a refund is withheld under subsection (5), the Comptroller must pay interest at the rate prescribed by the regulations with effect from the date of the order or decision appealed against on the amount of refund ultimately determined to be due as a result of any appeal.

(7) Regulations made for the purpose of subsection (6) may prescribe different rates for different periods for which the interest is payable.

—(1) If it is proved to the Comptroller’s satisfaction that any part of any MTT or DTT has been paid in excess of the amount payable under this Act, the payer is entitled to have the amount so paid in excess refunded.

(2) A claim for repayment must be made no later than —(a)

in the case of MTT — 31 December of the 5th year after the year in which the due date mentioned in section 41(3)(a) or (b) (whichever is applicable) falls; or

(b)

in the case of DTT — 31 December of the 5th year after the financial year to which the DTT relates.

(3) This section does not operate to extend any time limit for appeal or validate any objection or appeal which is otherwise invalid or authorise the revision of any assessment or other matter which has become final and conclusive.

(4) The Comptroller must certify any amount repayable under this section and must cause repayment to be made immediately.

(5) Where an order or decision by the Board of Review or by any court gives rise to any claim for a refund of MTT or DTT, the Comptroller may, where the Comptroller has given written notice of the Comptroller’s intention to appeal against such order or decision, withhold the refund until such time as the appeal is finally determined.

(6) Where a refund is withheld under subsection (5), the Comptroller must pay interest at the rate prescribed by the regulations with effect from the date of the order or decision appealed against on the amount of refund ultimately determined to be due as a result of any appeal.

(7) Regulations made for the purpose of subsection (6) may prescribe different rates for different periods for which the interest is payable.