Comparison View

Formal Consolidation |  2006 RevEd
Allowance for misused stamps
58.—(1)  When any person has inadvertently used for an instrument liable to duty a stamp of greater value than was necessary, or has inadvertently used a stamp for an instrument not liable to any duty, the Commissioner may, on application made within 6 months after the date of the instrument, or, if it is not dated, within 6 months after the execution thereof by the person by whom it was first or alone executed, and upon the instrument, if liable to duty, being stamped with the proper duty, cancel and allow as spoiled the stamp so misused.
(2)  When as a result of unavoidable circumstances an application under subsection (1) cannot be made within the period of 6 months, the Commissioner may, in his discretion, allow the application to be made within such further period as the Commissioner considers reasonable.
[4/81]
Informal Consolidation | Amended Act 30 of 2014
Allowance for duty paid or overpaid
58.—(1)  When any person —
(a)has inadvertently paid duty of a greater value than was necessary; or
(b)has inadvertently paid duty in respect of an instrument not liable to any duty,
and has been issued with a stamp certificate denoting the duty so paid in respect of the instrument, the Commissioner may —
(i)on an application made within 6 months after the date of the instrument; or
(ii)if the instrument is not dated, on an application made within 6 months after the execution thereof by the person by whom it was first or alone executed,
[Act 30 of 2014 wef 01/01/2015]
and upon the instrument, if liable to duty, being stamped with the proper duty, cancel that certificate and make an allowance for the duty overpaid or paid (as the case may be).
[Act 1 of 2013 wef 22/02/2013]
[Act 30 of 2014 wef 01/01/2015]
(2)  When as a result of unavoidable circumstances an application under subsection (1) cannot be made within the period of 6 months, the Commissioner may, in his discretion, allow the application to be made within such further period as the Commissioner considers reasonable.
[4/81]
(3)  Notwithstanding subsection (1), where the Commissioner has reasonable cause to believe that a person —
(a)has inadvertently paid duty of a greater value than was necessary; or
(b)has inadvertently paid duty in respect of an instrument not liable to any duty,
the Commissioner may, on his own initiative, make an allowance for the duty overpaid or paid (as the case may be).
[Act 30 of 2014 wef 01/01/2015]