S.L. 406.1 Art. 16Revision of refund.

(1) Notwithstanding the other provisions of these regulations, where it results to the Commissioner at any time that any amount claimed as refund or paid by the Commissioner in accordance with these regulations has not been properly computed or that it was computed on the basis of incorrect information, the Commissioner may revise the amount and, subject to the provisions of subregulation (2), any amount which results to have been excessively paid by the Commissioner shall be repayable by the applicant to the Commissioner within thirty days from the date he is served with a notice by the Commissioner requesting the said repayment.

(2) Where the revision is occasioned by information which results to have been grossly misreported, the relative application for a refund shall be treated as having been invalidly made, and no refund shall be due to the applicant, and any amount paid by the Commissioner shall be repaid by the applicant to the Commissioner in full and immediately upon a demand by the Commissioner.

(3) Any person signing or certifying any application which results to be invalid in terms of subregulation (2) shall be jointly and severally liable with the applicant for the repayment due by the applicant, unless such person proves that he was not aware and could not have been reasonably expected to be aware of such misreporting.

(4) Where any false or incorrect statement or claim constitutes an offence under the Act or under any other law, the liability to a repayment in terms of this regulation shall be without prejudice to any liability for any penalty which may be imposed for the said offence.