Section 45. Power to Commissioner of Stamps to refund penalty or excess duty in certain cases.

1[45. Power of Commissioner of Stamps to refund penalty or excess duty in certain cases. ––(1) Where any penalty is paid under section 35 or section 40, the Commissioner of Stamps may, upon application in writing made within one year from the date of the payment, refund such penalty wholly or in part. (2) Where, in the opinion of the Commissioner of Stamps, stamp duty in excess of that which is legally chargeable has been charged and paid under section 35 or section 40 or section 47-A, such authority may, upon application in writing made within one year of the order charging the same, or six months from the date of order allowing the refund, whichever is later, refund the excess.]