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    <title>2008 (11) TMI 53 - HIGH COURT DELHI</title>
    <link>https://www.taxtmi.com/caselaws?id=31781</link>
    <description>Waiver of pre-deposit of penalty was held to depend on two cumulative factors: a strong prima facie case and proof of undue financial hardship. The Court stated that, at the waiver stage, the underlying contravention should not be examined in detail, and it accepted the concurrent findings that no sufficient prima facie case had been shown. It also applied the settled meaning of undue hardship as hardship that is excessive or out of proportion, finding that affidavits and income-tax returns did not establish the required level of hardship. The refusal to waive pre-deposit was therefore left undisturbed.</description>
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    <pubDate>Thu, 27 Nov 2008 00:00:00 +0530</pubDate>
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      <title>2008 (11) TMI 53 - HIGH COURT DELHI</title>
      <link>https://www.taxtmi.com/caselaws?id=31781</link>
      <description>Waiver of pre-deposit of penalty was held to depend on two cumulative factors: a strong prima facie case and proof of undue financial hardship. The Court stated that, at the waiver stage, the underlying contravention should not be examined in detail, and it accepted the concurrent findings that no sufficient prima facie case had been shown. It also applied the settled meaning of undue hardship as hardship that is excessive or out of proportion, finding that affidavits and income-tax returns did not establish the required level of hardship. The refusal to waive pre-deposit was therefore left undisturbed.</description>
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      <pubDate>Thu, 27 Nov 2008 00:00:00 +0530</pubDate>
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