5. To return after a notified order ceases to be effective

(1) If a notified order
becomes amended and converted into a law with effect from the date of
commencement of the notified order, and if the rate provided for in the law
happens to be less than that specified in the notified order, any over plus sum
collected shall be returned. If, for any reason, the rate provided for in the law
happens to be more than that specified in the notified order, tax shall be collected
as per the new rate only from the date of commencement of the law.
Provided that, the rate of any custom duty or excise duty or any other tax to
be returned pursuant to this Section shall not exceed the tax levied pursuant to
Section 3 and of the rate of existing tax. (2) In cases where a notified order does not apply as the law ………….
under Clause (b) of Sub-section (2) of Section 4, the entire tax, charge, excise duty
shall be returned, which tax, charge, excise duty would not have been levied if the
notified order had not been made.
Explanation :
(a) If tax had been levied in an item at the rate of Twelve Rupees before
making a notified order and it was levied at the rate of Twenty Rupees in that item by the notified order; and later on, it has been
provided in the law that only Fifteen Rupees has to been collected,
Five Rupees shall be returned.
(b) If tax had been levied in an item at the rate of Twelve Rupees before
making a notified order and it was levied at the rate of Twenty
Rupees in that item by the notified order; and later on, it has been
provided in the law that only Fifteen Rupees has to been collected,
Five Rupees shall be returned.