https://www.taxtmi.com/caselaws?id=3808 Double availment of refund by suppressing an earlier suo motu credit entry in the PLA attracts recovery of the wrongly refunded amount with interest. Where the second refund application omits disclosure of the prior credit and the assessee encashes the duplicate refund, the conduct constitutes suppression of material facts and supports the statutory penalty for fraud, suppression or wilful misstatement. On these facts, the penalty is mandatory once the requisite ingredients are established, and there is no basis to reduce it below the amount determined. en-us Mon, 22 Oct 2007 00:00:00 +0530 Fri, 02 May 2008 00:00:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=3808 Double availment of refund by suppressing an earlier suo motu credit entry in the PLA attracts recovery of the wrongly refunded amount with interest. Where the second refund application omits disclosure of the prior credit and the assessee encashes the duplicate refund, the conduct constitutes suppression of material facts and supports the statutory penalty for fraud, suppression or wilful misstatement. On these facts, the penalty is mandatory once the requisite ingredients are established, and there is no basis to reduce it below the amount determined. Case-Laws Central Excise Mon, 22 Oct 2007 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=3808