General
43 Failure of resolution under Provisional Collection of Taxes Act 1968.
1
Where—
a
by virtue of a resolution having effect under the M1Provisional Collection of Taxes Act 1968 value added tax has been paid at a rate specified in the resolution on the supply of any goods or services by reference to a value determined under section 10(2) above F2or on the acquisition of goods from another member State by reference to a value determined under section 10A(3) above, and
b
by virtue of section 1(6) or (7) or 5(3) of the said Act of 1968 any of that tax is repayable in consequence of the restoration in relation to that supply F2or acquisition of a lower rate,
the amount repayable shall be the difference between the tax paid by reference to that value at the rate specified in the resolution and the tax that would have been payable by reference to that value at the lower rate.
2
Where—
a
by virtue of such a resolution value added tax is chargeable at a rate specified in the resolution on the supply of any goods or services by reference to a value determined under the said section 10(2) F3or on the acquisition of goods from another member State by reference to a value determined under the said section 10A(3), but,
b
before the tax is paid it ceases to be chargeable at that rate in consequence of the restoration in relation to that supply F3or acquisition of a lower rate,
the tax chargeable at the lower rate shall be charged by reference to the same value as that by reference to which tax would have been chargeable at the rate specified in the resolution.
3
The tax that may be credited as input tax under section 14 above or refunded under section 20 F420A or 21 above does not include tax that has been repaid by virtue of any of the provisions mentioned in subsection (1)(b) above or that would be repayable by virtue of any of those provisions if it had been paid.