38. [Deputy Commissioner] [Substituted by Act 29 of 1962 w.e.f. 1.10.1962] 's power to refund penalty paid under subsection (1) of section 37.
(1)When a copy of an instrument is sent to the [Deputy Commissioner] [Substituted by Act 29 of 1962 w.e.f. 1.10.1962] under sub-section (1) of section 37, he may, if he thinks fit, refund any portion of the penalty in excess of five rupees which has been paid in respect of such instrument.(2)When such instrument has been impounded only because it has been written in contravention of section 13 or section 14, the [Deputy Commissioner] [Substituted by Act 29 of 1962 w.e.f. 1.10.1962] may refund the whole penalty so paid.
