https://www.taxtmi.com/caselaws?id=181387 Under FEMA, statutory pre-deposit is the rule and complete waiver can be granted only on a reasoned finding of undue hardship, together with conditions needed to protect realisation of the penalty. The Tribunal erred by treating the enforcement case as one requiring proof beyond reasonable doubt, whereas the proper inquiry in fiscal or economic penalty matters is whether a prima facie case, hardship, and revenue protection justify dispensation. It also failed to apply the settled principles governing interim waiver of pre-deposit. The order granting unconditional waiver was therefore held unsustainable in law and set aside. en-us Tue, 31 Mar 2009 00:00:00 +0530 Sat, 16 Apr 2016 10:31:08 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=181387 Under FEMA, statutory pre-deposit is the rule and complete waiver can be granted only on a reasoned finding of undue hardship, together with conditions needed to protect realisation of the penalty. The Tribunal erred by treating the enforcement case as one requiring proof beyond reasonable doubt, whereas the proper inquiry in fiscal or economic penalty matters is whether a prima facie case, hardship, and revenue protection justify dispensation. It also failed to apply the settled principles governing interim waiver of pre-deposit. The order granting unconditional waiver was therefore held unsustainable in law and set aside. Case-Laws FEMA Tue, 31 Mar 2009 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=181387