https://www.taxtmi.com/caselaws?id=457470 Pre-deposit under section 52(2) of the Foreign Exchange Regulation Act, 1973 is treated as a mandatory condition for maintaining an appeal, subject only to the Tribunal's limited discretion to dispense with deposit on undue hardship. Where the appellant failed to comply with an earlier direction to deposit the penalty and no sufficient basis was shown to override the statutory pre-condition, the appeal was not maintainable. The plain language of the second proviso was applied as written, leaving no scope to dilute the requirement on equitable grounds, and the appeal was liable to be dismissed. en-us Tue, 12 Aug 2008 00:00:00 +0530 Fri, 20 Sep 2024 12:47:14 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=457470 Pre-deposit under section 52(2) of the Foreign Exchange Regulation Act, 1973 is treated as a mandatory condition for maintaining an appeal, subject only to the Tribunal's limited discretion to dispense with deposit on undue hardship. Where the appellant failed to comply with an earlier direction to deposit the penalty and no sufficient basis was shown to override the statutory pre-condition, the appeal was not maintainable. The plain language of the second proviso was applied as written, leaving no scope to dilute the requirement on equitable grounds, and the appeal was liable to be dismissed. Case-Laws FEMA Tue, 12 Aug 2008 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=457470