Mandatory pre-deposit under the amended regime cannot be waived when the appeal is filed after the effective date.

The amended pre-deposit regime made a 7.5% deposit mandatory for appeals filed after the effective date and removed the Tribunal's earlier discretion to waive deposit on financial hardship. An appellate direction allowing the party to place financial condition and turnover on record did not amount to a waiver of pre-deposit. Because the appeal was filed after the amendment, the Tribunal had no jurisdiction to waive the statutory deposit, and the waiver request was rejected as not maintainable.

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Issues: Whether the appellant was entitled to waiver of the mandatory pre-deposit for hearing of the appeal after the amendment introducing mandatory deposit.

Analysis: The amended pre-deposit regime made deposit of 7.5% of the demand mandatory for appeals filed after the effective date and curtailed the Tribunal's earlier discretion to waive deposit on grounds of financial hardship. The High Court's order only permitted the appellant to approach the appellate authority and place financial condition and turnover on record; it did not direct waiver of pre-deposit. In view of the statutory mandate and the date of filing of the appeal, the Tribunal had no jurisdiction to waive the deposit.

Conclusion: The request for waiver was not maintainable and was rejected.

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