41.  Exemption and refund:- 

       (1) The State Government, if satisfied that it is necessary in the public interest to grant refund of any tax levied and collected from any class or classes of dealers or persons or, as the case may be, charged on the purchases or sales made by any class or classes of dealers or persons, it may, by notification in the Official Gazette and subject to such terms and conditions as may be specified in the notification, provide for grant of refund of such tax, for such period and to such class of dealers or persons as specified in the said notification; on such tax payers applying to the Commissioner in the prescribed form for such refund :

                         Provided that, such notification may be issued so as to have retrospective effect so however that the effective date is not earlier than the appointed day.

      1[(2) * * *]

     1[(3) * * *]

     2[(4) Subject to such conditions as it may impose, the State Government may, by notification in the Official Gazette, provide for exemption from the payment of full or part of the tax payable,”

(a)           on the sales of motor spirits made by an oil company to another oil company;

(b) on sales at retail outlets of motor spirits, other than aviation turbine fuel and aviation gasoline.

       Explanation.”For the purposes of this sub-section, motor spirits shall mean such products as the State Government may, notify from time to time, in the Official Gazette.]

      4[(5)  Subject to such conditions and restrictions as it may impose, the State Government may, by notification in the Official Gazette, provide for exemption from the payment of full or part of the taxes payable on any class or classes of sales of liquor or by any class or classes of dealers.]

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        1 Sub-sections (2) & (3) were deleted by Mah. Act No. XIV of 2005, dated the 31st March, 2005 w.e.f. 1.4.2005.

         2 Sub-section (4) was substituted and shall be deemed to have been substituted w.e.f. 1st April, 2005 by Mah. Act No. XXXII of 2006, dt. 5.8.2006. Prior to substituted œSub-section (4)was read as under :-

            œ(4)  Subject to such conditions as it may impose, the State Government may, by notification in the Official Gazette, provide for exemption from the payment of full or part of the tax payable on the purchases and sales of motor spirits and crude oil to any class or classes of dealers and for the purposes of this sub-section œmotor spiritmeans such products as the State Government may notify, from time to time, in the *Official Gazette.

  3. This clause was added by Mah. Act No. VIII of 2012 dated 25.4.2012 w.e.f.1.5.2012.

  4.  Sub-section (5) was added by Mah. Act No. XV of 2011, dated 21st April 2011 w.e.f.1st May 2011.