48. Refund.-

(1) Subject to other provisions of this Act and the Rules made there under, the Commissioner shall refund to a dealer the amount of tax, penalty and interest, if any, paid by such dealer in excess of the amount due from him.

(2) Where any refund is due to any dealer according to the 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 28 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.