31Variation of prescribed decisions

31 Variation of prescribed decisions

(1) If a prescribed decision is varied on an objection or to give effect to a decision of the Tribunal or of a court under this Part: (a) the Commissioner shall cause notice in writing of the variation to be given to the objector; (aa) in a case where the variation of the prescribed decision results in a reduction of tax—the amount by which the tax is so reduced shall be taken, for the purposes of section 36, never to have been payable; (b) the amount of any tax not paid or underpaid as a result of the variation of the prescribed decision is recoverable from the objector; and (c) the Commissioner shall: (i) refund the amount of any tax overpaid as a result of the variation of the prescribed decision; or (ii) apply the amount of any tax overpaid as a result of the variation of the prescribed decision against any liability of the person to the Commonwealth and refund any part of the amount that is not so applied. (2) In subsection (1), unless the contrary intention appears, tax includes additional tax under section 17 or 36.