(1) Subject to the other provisions of the Act and the rules made thereunder, the Assessing Authority shall refund in the prescribed manner any sum paid by a person under this Act in excess of the amount due from him.

(2) Where any refund is due to any dealer according to return furnished by him for any period, such refund may provisionally be adjusted by him against the tax due or tax payable as per the returns filed under section 31 for any subsequent period in the year:

Provided that, the amount of tax or penalty, interest or sum forfeited or all of them due from and payable by the dealer on the date of such adjustment shall, first be deducted from such refund before adjustment.