Page:United States Statutes at Large Volume 47 Part 1.djvu/292

 268 72d CONGRESS. SESS. I. CH. 209 . JUNE 6, 1932. MANUFACTURERS' any article (other than a tire or inner tube) purchased b him EXCIS E TAX y ) p Y and used by him as material in the manufacture or production of, or as a component part of, an article with respect to which tax under this title has been paid, or which has been sold free of tax by, virtue of section 620, relating to sales of articles for further manufacture . Persons upon repos- (2) to any person who has paid tax under this title with sessi on of ta xed art icle . re spect to an articl e, when t he price on which the tax was based is readjusted by reason of return or repossession of the article or a covering or container, or by a bona fide discount, rebate, or allow- ance ; in the amount of that part of the tax proportionate to the part of the price which is refunded or credited . Reg ula tio nst obe pre - (b) Credit or refund under subsection (a) shall be allowed or scribed . made only upon compliance with regulations prescribed by the Commissioner with the approval of the Secretary. Interest not allowed. (c) In no case shall interest be allowed with respect to any amount of tax under this title credited or refunded. Proof necessary toes. (d) No overpa yment of tax under this title s hall b e cred ited o r tablisb right to receive fund. refunded (otherwise than under subsection (a) ), in pursuance of a court decision or otherwise, unless the person who paid the tax establ ishes, in ac cordan ce wit h regu lations presc ribed by the Com- missioner with the approval of the Secretary, (1) that he has not Tax not included in included the tax in the pr ice of th e articl e with re spect to which it sale price. was imposed, or collected the amount of tax from the vendee, or Repayment to ulti- (2) that he has repaid the amount of the tax to the ultimate pur- mateconsumere chaser o f the art icle, or unless he files w ith the C ommission er writ- ten consent of such ultimate purchaser to the allowance of the credit or refund. Use by manufacturer, SEC. 622. USE BY MAN UFACTU RER, PRODUC ER, OR IMPO RTER. produc er, or import er. If- Comput ation of tax. (1) any person manufactures, produces, or imports an article Exemptions. (other than a tire or inner tube) and uses it (otherwise than as material in the manufacture or production of, or as a component part of, another article to be manufactured or produced by him which will be taxable under this title or sold free of tax by virtue Ante, p . 267. of section 620, relating to sale of articles for further manufac- ture) ; or (2) any person manufactures, produces, or imports a tire or inner tube and sells it on or in connection with, or with the sale Ante,p.281, of, an article taxable under section 606(a) or (b), relating to the tax on automobiles, or uses it ; he shall be liable for tax under this title in the same manner as if such article was sold by him, and the tax (if based on the price for which the article is sold) shall be computed on the price at which such or s imilar ar ticles ar e sold, i n the ord inary cou rse of tr ade, by manufacturers, producers, or importers thereof, as determined by the Commissioner. sales by others. SEC. 623. SALES BY O THERS THAN MA NUFACTURER, P RODUCER, OR IMPORTER. Liability ingrlg tax, w In case any person acquires from the manufacturer, producer, sell. or importer of an article, by operation of law or as a result of any transaction not taxable under this title, the right . to sell such article, the sale of such article by such person shall be taxable under this title as if made by the manufacturer, producer, or-importer, and such person sh all be li able for the tax.