https://www.taxtmi.com/caselaws?id=788889 The second proviso to Section 19 allows dispensation of penalty pre-deposit only where undue hardship is shown, subject to conditions the Appellate Tribunal considers fit. Here, the Tribunal had already exercised that discretion by reducing the deposit requirement to 10% of the penalty, and the challenge to the petitioners' prima facie case did not justify interference under the narrow scope of Article 227. The High Court found no infirmity in the Tribunal's approach, but further modified the pre-deposit condition in the interests of justice by reducing it to 5% of the penalty, with the balance to be secured by bank guarantee or surety to the Tribunal's satisfaction. en-us Mon, 23 Mar 2026 00:00:00 +0530 Tue, 31 Mar 2026 08:27:06 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=788889 The second proviso to Section 19 allows dispensation of penalty pre-deposit only where undue hardship is shown, subject to conditions the Appellate Tribunal considers fit. Here, the Tribunal had already exercised that discretion by reducing the deposit requirement to 10% of the penalty, and the challenge to the petitioners' prima facie case did not justify interference under the narrow scope of Article 227. The High Court found no infirmity in the Tribunal's approach, but further modified the pre-deposit condition in the interests of justice by reducing it to 5% of the penalty, with the balance to be secured by bank guarantee or surety to the Tribunal's satisfaction. Case-Laws FEMA Mon, 23 Mar 2026 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=788889