13Refund of amounts incorrectly paid

13 Refund of amounts incorrectly paid

(1) Subject to this section, where, upon application made by a person in accordance with this section, the Commissioner is satisfied that an amount paid as tax by a financial institution under this Act (other than an amount paid pursuant to an assessment) was not payable, the Commissioner shall: (a) refund the amount to the person; or (b) apply the amount against any liability of the person to the Commonwealth and refund any part of the amount not so applied. (2) An application under this section for a refund of an amount paid by a financial institution may be made: (a) if the amount has been recovered by the financial institution from an account holder—by that account holder; or (b) if the amount has not been so recovered—by the financial institution. (3) Application under this section for a refund of an amount shall be in writing in a form approved by the Commissioner and shall be made: (a) in a case to which paragraph (2)(a) applies—not later than 3 years after the day on which the amount was recovered; or (b) in a case to which paragraph (2)(b) applies—not later than 3 years after the day on which the amount was paid. (4) A person making application for a refund under this section shall furnish such information as the Commissioner requires in connection with his consideration of that application. (5) Where an application for a refund of an amount has been duly made by a person under this section: (a) if the Commissioner is satisfied that the amount was not payable, the Commissioner shall: (i) refund the amount to the person; or (ii) apply the amount against any liability of the person to the Commonwealth and refund any part of the amount not so applied; (b) if the Commissioner is satisfied that part only of the amount was not payable, the Commissioner shall: (i) refund that part of the amount to the person; (ii) apply that part of the amount against any liability of the person to the Commonwealth and refund any part of that part of the amount not so applied; or (c) if the Commissioner is not satisfied as mentioned in paragraph (a) or (b)—he shall refuse the application. (6) Where, in relation to an application under this section, the Commissioner makes a decision for the purposes of paragraph (5)(b) or (c), he shall cause notice in writing of his decision in relation to the application to be served, by post or otherwise, on the person by whom the application was made.