55Refunds in special cases

55 Refunds in special cases

(1) Notwithstanding anything contained in this Part, where a registered person to whom, in the opinion of the Commissioner, subregulation (1) of regulation 48 of these Regulations is applicable from month to month satisfies the Commissioner that it is impracticable for him at any time to comply substantially with the provisions of regulation 51 of these Regulations, refunds for the purposes of this Part may, with the approval in writing of the Commissioner or a Deputy Commissioner and subject to this regulation, be made to that person by the allowance of a deduction, from the total tax which, in respect of each monthly return or each quarterly return, as the case may be, he is or becomes liable to pay upon the sale value of goods as specified in that subregulation, of the tax which would be payable upon a sale value equivalent to the average cost to him of:

(a) those goods;

(b) the goods used in, wrought into or attached to those goods; or

(c) the goods used as aids to manufacture, as auxiliaries to aids to manufacture or as eligible business goods, in or in connection with the manufacture of those goods.

(2) For the purposes of this regulation, the tax to be refunded, by way of deduction, shall be calculated at the rate in force for the period during which the goods in respect of which the average cost is calculated were purchased or, in the case of imported goods, entered for home consumption by the registered person, and the average cost of goods, and the period during which any goods were purchased or entered, shall be determined in such manner or by such method as the Commissioner considers just and reasonable having regard to the circumstances of the particular case.