https://www.taxtmi.com/caselaws?id=466927 The expression "undue hardship" in the pre-deposit proviso to Section 19 of FEMA is not confined to financial inability; it may also arise where insisting on full deposit would be disproportionate despite a strong prima facie case. The discretion to waive pre-deposit must first assess the strength of the prima facie case and then consider balance of convenience, financial capacity, irreparable loss, and protection of recovery interests. Applying these factors, the court found a reasonably strong prima facie case but also accepted the need for revenue protection, and therefore directed only a partial waiver of pre-deposit. en-us Thu, 24 Feb 2005 00:00:00 +0530 Thu, 26 Feb 2026 11:35:39 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=466927 The expression "undue hardship" in the pre-deposit proviso to Section 19 of FEMA is not confined to financial inability; it may also arise where insisting on full deposit would be disproportionate despite a strong prima facie case. The discretion to waive pre-deposit must first assess the strength of the prima facie case and then consider balance of convenience, financial capacity, irreparable loss, and protection of recovery interests. Applying these factors, the court found a reasonably strong prima facie case but also accepted the need for revenue protection, and therefore directed only a partial waiver of pre-deposit. Case-Laws Indian Laws Thu, 24 Feb 2005 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=466927