Fri. Oct 15th, 2021

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Periodic Tax Recovery Act, 2012 (1955)

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1. Periodic Tax Recovery (First Amendment) Act, 2037 (1980) 2037-5-6-6 (Aug. 22, 1980) 2. Finance Related Some Nepal Acts Amendment Act, 2047 (1990) 2047-8-27-5 (Nov. 13, 1990) Act Number 14 of the year 2012 (1955) His Majesty the King has enacted and promulgated this Act to make provisions for recovery of periodic tax.

1. Short Title:

(1) This Act may be called the “Periodic Tax Recovery Act, 2012 (1955)”.

2. Definitions:

(a) “Notified order” means an order published in the Nepal Gazette.
(b) “Published” means as published in the Nepal Gazette.

3. Power to make notified order under this Act:

If Government of Nepal thinks that any Act on levying, increasing custom duty or excise duty or any other tax has to be promulgated and that it is expedient to levy or increase such custom duty or excise duty or any other tax immediately for public interest, Government of Nepal may, by a notified order, levy or increase such duty or tax.

4. Effect and term of notified order made under this Act:

(1) A notified order so
made shall be tent amount to the law from the date indicated in the notified order.
(2) A notified order shall not commence as the law under this Act in the
following circumstances:
(a) If the contents of the notified order become law and come
into force, whether being amended or not, (b) If Government of Nepal directs by a Notification published in
the Nepal Gazette that it shall not apply as the law,
(c) Immediately after expiration of Six months from the date of
its publication in the Nepal Gazette, if the provision in
Clauses (a) and (b) do not occur.

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.

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