https://www.taxtmi.com/caselaws?id=43397 Waiver of pre-deposit under the appellate regime must be decided on demonstrated hardship and the assessee's financial condition, not by a cursory insistence on payment. Where the record showed sick-industry status and substantial accumulated losses, the appellate authority was required to examine the material and make an informed enquiry into assets, liabilities, and the claimed hardship before exercising discretion. A refusal made without such consideration was an improper exercise of discretion and could not stand. The refusal to waive pre-deposit was therefore set aside, and the appeal was to be heard on merits without insisting on the deposit. en-us Wed, 01 Jul 1992 00:00:00 +0530 Thu, 17 Jun 2010 17:54:16 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=43397 Waiver of pre-deposit under the appellate regime must be decided on demonstrated hardship and the assessee's financial condition, not by a cursory insistence on payment. Where the record showed sick-industry status and substantial accumulated losses, the appellate authority was required to examine the material and make an informed enquiry into assets, liabilities, and the claimed hardship before exercising discretion. A refusal made without such consideration was an improper exercise of discretion and could not stand. The refusal to waive pre-deposit was therefore set aside, and the appeal was to be heard on merits without insisting on the deposit. Case-Laws Central Excise Wed, 01 Jul 1992 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=43397