Official Text
“Obtaining any subsidy, incentive, refund, or grant by furnishing false information, forged documents, or by suppression of material particulars.”
Legal Analysis
Elements to Prove:
- Claim for subsidy/incentive/refund/grant.
- False documents or suppression.
- Intent to obtain undue benefit.
Potential Defenses:
- Eligibility with truthful disclosure.
- No intent to mislead.
- Clerical error promptly corrected.
Practical Examples
What Constitutes the Offense:
Fake export incentives, bogus MSME subsidies, refund claims with fabricated invoices.
What Doesn't Constitute:
Eligible claims with full disclosure, rectified computational mistakes, lawfully availed incentives.
Punishment
Imprisonment up to 7 years, and Fine