77. Set-off of certain amounts

 

(a)     A licensee of a customs and excise warehouse who, in terms of the rules, is permitted to pay any duty monthly or quarterly, and who –

 

(i)      paid any duty for which he was not liable; or

(ii)     granted any provisional refund in terms of section 75(1A); or

(iii)    becomes entitled to a refund in terms of item 534.00 of Schedule No. 5 or any item of Schedule No. 6,

may, subject to the approval of the Commissioner, at any time within a period of two years from the date on which that duty was paid, such provisional refund was granted or such licensee became entitled to such refund, set off such duty, provisional refund or amount refundable against that particular duty for which such licensee subsequently becomes liable, except that the duty refundable in terms of the said item 534.00 be set off against the excise duty specified in Section B of Part 2 of Schedule No. 1 for which such licensee subsequently becomes liable, provided the monthly or quarterly accounts or bills of entry submitted by such licensee in respect of the payment of any duty against which any duty, provisional refund or amount refundable has been set off are accompanied by a full statement by such licensee, supported by a certificate by an officer, giving full particulars and a full account of the circumstances in respect of such set-off and by such documentary evidence as the Commissioner may in each case require.

[Paragraph (a) amended by section 55 of Act 45 of 1995]

 

(b)     If such set-off is not approved by the Commissioner in terms of paragraph (a), it shall be redebited to the account of such licensee.

[Section 77 substituted by section 1 of Act 96 of 67 and section 26 of Act 105 of 1969, amended by section 3 of Act 68 of 1973, section 21 of Act 86 of 1982, section 26 of Act 84 of 1987 and section 10 of Act 69 of 1988 and substituted by section 31 of Act 59 of 1990]