Pre-deposit conditions may be reduced after considering financial capacity, compliance history, and prima facie stay grounds.

Interim pre-deposit conditions for hearing an appeal may be reworked where the applicant's financial position and compliance history justify modification. The Tribunal treated the earlier deposit direction as having been fixed after considering both prima facie stay grounds and the applicant's financial capacity, and it also noted failure to comply with an instalment facility already granted. Taking account of salaried status, monthly income and net assets, it reduced the pre-deposit to Rs. 1,00,000, payable within 10 weeks with liberty to pay by instalments within that period. On deposit, recovery of the penalty was stayed and waived.

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Issues: Whether the interim pre-deposit directed for hearing of the appeal should be modified on account of the applicant's financial position and the circumstances placed before the Tribunal.

Analysis: The Tribunal noted that the amount of deposit had earlier been fixed after considering both the financial condition projected by the applicant and the prima facie grounds urged at the stay stage. It also took into account the applicant's failure to comply with the instalment facility already granted, but considered his salaried status, monthly income, and net assets relevant to reworking the condition attached to the stay.

Conclusion: The pre-deposit was reduced to Rs. 1,00,000, payable within 10 weeks, with liberty to pay in instalments within the stipulated period. On deposit, recovery of the penalty was stayed and waived.

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