https://www.taxtmi.com/caselaws?id=46692 Waiver of pre-deposit under Section 35F depends on the assessee's prima facie case and financial hardship. The High Court noted that the petitioner had withdrawn the earlier depreciation claim by revised return, that similar matters had been favourably considered, and that continuing losses showed financial difficulty. In those circumstances, insisting on full deposit as a condition for entertaining the appeal was not justified. The pre-deposit direction was set aside and the Tribunal was directed to hear the appeal on merits without insisting on deposit. en-us Tue, 22 Apr 2003 00:00:00 +0530 Fri, 23 Jul 2010 13:06:23 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=46692 Waiver of pre-deposit under Section 35F depends on the assessee's prima facie case and financial hardship. The High Court noted that the petitioner had withdrawn the earlier depreciation claim by revised return, that similar matters had been favourably considered, and that continuing losses showed financial difficulty. In those circumstances, insisting on full deposit as a condition for entertaining the appeal was not justified. The pre-deposit direction was set aside and the Tribunal was directed to hear the appeal on merits without insisting on deposit. Case-Laws Central Excise Tue, 22 Apr 2003 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=46692