J. MILLARD TAWES, Governor                      563

title "Revenue and Taxes", sub-title "Retail Sales Tax Act", sub-
heading "Refunds", and to repeal and re-enact, with amendments,
Section 374 of Article 81 of the Annotated Code of Maryland (1957
Edition), title "Revenue and Taxes", sub-title "Maryland Use Tax",
subheading "In General", correcting errors in the rules SALES
and use tax laws relating to applications for refund and the com-
putation of use tax, respectively.

Section 1. Be it enacted by the General Assembly of Maryland,
That Section 348 of Article 81 of the Annotated Code of Maryland
(1957 Edition), title "Revenue and Taxes", sub-title "Retail Sales
Tax Act", subheading "Refunds", be and the same is hereby repealed
and re-enacted, with amendments, to read as follows:

348.

Whenever any vendor has refunded a tax paid by a purchaser, as
provided in Section 347 of this sub-title, or whenever any taxpayer
has erroneously, illegally or unconstitutionally paid the tax imposed
by this sub-title, except pursuant to an assessment made under Sec-
tions 344, 345 or 346 and except to final determinations under Sec-
tions 351 or 352 of this sub-title, the Comptroller shall refund such
tax if application therefor shall be made in writing within three
years from the payment of the tax stating the ground or grounds for
refund. Such application may be made by the person upon whom the
tax was imposed or by any vendor who collected and paid such tax
to the Comptroller if the vendor establishes to the satisfaction of the
Comptroller, under such regulations as he may prescribe, that the
tax was paid on a sale which had been rescinded or cancelled or was
erroneously, illegally or unconstitutionally collected. The Comptroller
may, in lieu of any refund required to be made by this section, allow
credit therefor on subsequent payments due from the applicant.

Sec. 2. And be it further enacted, That Section 374 of Article 81
of the Annotated Code of Maryland (1957 Edition), title "Revenue
and Taxes", sub-title "Maryland Use Tax", sub-heading "In General",
be and the same is hereby repealed and re-enacted, with amend-
ments, to read as follows:

374.

Any person who uses tangible personal property which has been
manufactured, fabricated or assembled by him from raw materials
and/or component parts, either within or without this State, shall be
required to pay the tax on such property as computed in [sub-sections
373 (a) and 373 (b),] Section 373, measured by his purchase price
of the raw materials and/or component parts contained in such
tangible personal property.

Sec. 3. And be it further enacted, That this Act shall take effect
June 1, 1963.

Approved April 17, 1963.