81 Interest given by way of credit and set-off of credits

81  Interest given by way of credit and set-off of credits

(1)     Any interest payable by the Commissioners (whether under an enactment or instrument or otherwise) to a person on a sum due to him under or by virtue of any provision of this Act shall be treated as an amount due by way of credit under section 25(3).

(2)     Subsection (1) above shall be disregarded for the purpose of determining a person's entitlement to interest or the amount of interest to which he is entitled.

(3)     Subject to subsection (1) above, in any case where—

(a)     an amount is due from the Commissioners to any person under any provision of this Act, and

(b)     that person is liable to pay a sum by way of VAT, penalty, interest or surcharge [penalty or interest],

the amount referred to in paragraph (a) above shall be set against the sum referred to in paragraph (b) above and, accordingly, to the extent of the set-off, the obligations of the Commissioners and the person concerned shall be discharged.

[(3A)     Where—

(a)     the Commissioners are liable

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