https://www.taxtmi.com/caselaws?id=126865 The High Court declined to interfere under Article 226 with a reasoned Tribunal order refusing to dispense with pre-deposit for an appeal against a penalty order. It held that waiver of pre-deposit is a discretionary matter requiring a balance between hardship to the applicant and protection of revenue, and that interference is justified only if the discretion is arbitrary or contrary to law. On the facts recorded, including prima facie involvement in clandestine banking activities and related foreign dealings, the plea of inability to deposit was insufficient. The contention on lack of personal hearing was treated as a factual issue for the appeal, and no writ interference was warranted. en-us Thu, 11 Sep 2008 00:00:00 +0530 Sat, 29 Nov 2014 08:53:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=126865 The High Court declined to interfere under Article 226 with a reasoned Tribunal order refusing to dispense with pre-deposit for an appeal against a penalty order. It held that waiver of pre-deposit is a discretionary matter requiring a balance between hardship to the applicant and protection of revenue, and that interference is justified only if the discretion is arbitrary or contrary to law. On the facts recorded, including prima facie involvement in clandestine banking activities and related foreign dealings, the plea of inability to deposit was insufficient. The contention on lack of personal hearing was treated as a factual issue for the appeal, and no writ interference was warranted. Case-Laws FEMA Thu, 11 Sep 2008 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=126865