https://www.taxtmi.com/caselaws?id=218864 Where the governing foreign exchange framework makes appeal against penalty conditional on pre-deposit, the appellate forum may insist on deposit or grant only partial waiver on proof of undue hardship. The High Court held that a direction requiring deposit of 5% of the penalty, after substantial waiver, was an exercise of discretion and did not by itself raise a question of law warranting interference. It further held that the appellant had not established undue hardship or a legally cognizable breach of natural justice, since notice was issued and the reply was considered. The challenge to the pre-deposit order therefore failed and the dismissal for non-compliance was confirmed. en-us Wed, 22 Feb 2012 00:00:00 +0530 Tue, 27 Nov 2012 18:56:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=218864 Where the governing foreign exchange framework makes appeal against penalty conditional on pre-deposit, the appellate forum may insist on deposit or grant only partial waiver on proof of undue hardship. The High Court held that a direction requiring deposit of 5% of the penalty, after substantial waiver, was an exercise of discretion and did not by itself raise a question of law warranting interference. It further held that the appellant had not established undue hardship or a legally cognizable breach of natural justice, since notice was issued and the reply was considered. The challenge to the pre-deposit order therefore failed and the dismissal for non-compliance was confirmed. Case-Laws FEMA Wed, 22 Feb 2012 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=218864