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    <title>2009 (7) TMI 1397 - APPELLATE TRIBUNAL FOR FOREIGN EXCHANGE, NEW DELHI</title>
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    <description>The statutory appeal scheme under section 52(2) of the Foreign Exchange Regulation Act, 1973 required pre-deposit of the penalty before an appeal could be entertained, subject to dispensation only on proof of undue hardship. Undue hardship was confined to recognised circumstances such as a prima facie bad order or genuine financial disability, and the provision could not be diluted merely because compliance was onerous. Where the appellants failed to make the required deposit within the time granted, the condition precedent for maintaining the appeals was not met, and the appeals were treated as not maintainable.</description>
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      <link>https://www.taxtmi.com/caselaws?id=457399</link>
      <description>The statutory appeal scheme under section 52(2) of the Foreign Exchange Regulation Act, 1973 required pre-deposit of the penalty before an appeal could be entertained, subject to dispensation only on proof of undue hardship. Undue hardship was confined to recognised circumstances such as a prima facie bad order or genuine financial disability, and the provision could not be diluted merely because compliance was onerous. Where the appellants failed to make the required deposit within the time granted, the condition precedent for maintaining the appeals was not met, and the appeals were treated as not maintainable.</description>
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