Procedure for disbursement of amount wrongly realised by dealer as tax (1) Where any amount is realised from any person by any dealer, purporting to do so by way of realisation of tax on the sale or purchase of any good s, in contravention of the provisions of sub-section (2) of section 8A, such dealer shall deposit the entire amount so realised in such manner and within such period as may be prescribed.
(2) Any amount deposited by any dealer under sub-section (1) shall, to the extent it is not due as tax, be held by the State Government in trust for the person from whom it was realised by the dealer, or for his legal representatives, and the deposit shall discharge such dealer of the liability in respect thereof to the extent of the deposit.
(3) Where any amount is deposited by any dealer under sub-section (1) such amount or any part thereof shall, on a claim being made in that behalf be refunded in the manner prescribed, to the person from whom such dealer had actually realised such amount or part, or to his legal representatives, and to no other person:
PROVIDED that no such claim shall be entertained after the expiry of the three years from the date of the order of assessment or one year from the date of the final order on appeal, revision or reference, if any, in respect thereof, whichever is later.
Explanation: The expression “final order on appeal, revision or reference”, includes an order passed by the Supreme Court under article 32, article 132, article 133, article 136 or article 137 or by the High Court under article 226 or article 227 of the Constitution.
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