Stamp Duties Act, 1968 (Act No. 77 of 1968)Chapter VI: General and Miscellaneous32. Refunds of duty |
| (1) | The Commissioner may, subject to the provisions of subsections (1A) and (4), make, or authorize to be made, a refund in respect of— |
| (a) | the amount of any overpayment of the duty or any interest, penalty or additional duty properly chargeable in respect of any instrument, if application for the refund is made within two years after the date of that overpayment; |
| (b) | any stamp which has been inadvertently spoiled or rendered unserviceable, if application for the refund is made within two years after the stamp was spoiled or rendered unserviceable; |
| (c) | any stamp on any instrument if the Commissioner is satisfied that such instrument has by reason of an omission, error or mishap been spoiled or rendered useless, and that the said instrument has within two years after the date of execution thereof been cancelled and another duly stamped instrument, identical in every material particular with the aforesaid instrument save for the correction of any such omission or error, has been substituted therefor: Provided that no refund shall be made under this paragraph in respect of any penalty incurred under this Act in respect of the said instrument; |
| (d) | any stamp which has been rendered obsolete by demonetization in accordance with the regulations, if application for the refund is made within one year after the date on which the stamp was rendered obsolete; or |
| (e) | any unused stamp which has been purchased by any person and is in excess of his requirements. |
| (1A) | No refund shall be made by the Commissioner in terns of subsection (1) where the amount of the refund claimed is less than R2-00. |
| (2) | No refund shall be made in respect of any stamp unless such stamp or, where the stamp is affixed to or impressed on any instrument, such instrument is delivered to the Commissioner to be marked or destroyed. |
| (3) | Stamps may not be removed from any instrument or material to which they have been affixed and no refund shall be made in respect of any stamp which has in fact or apparently been so removed. |
| (4) | Where any refund contemplated in subsection (1) is due to any person who has failed to pay any amount of tax, additional tax, duty, levy, charge, interest or penalty levied or imposed under this Act or any other law administered by the Commissioner within the period prescribed for payment of the amount, the Commissioner may set off against the amount which the person has failed to pay, any amount which has become refundable to the person under this section. |