DID YOU KNOW that certain statutes like FEMA have for a requirement of pre-deposit of penalty/duty as a pre-condition for appeal? These statutes confer power on the Appellate Tribunal to waive this condition of pre-deposit, provided the person claiming waiver is able to show “undue hardship”. Undue hardship is linked to financial position and can be proved by showing that there is lack of liquidity, despite having illiquid assets in the balance sheet.
DID YOU ALSO KNOW that our office successfully represented a company before the FEMA Appellate Tribunal in seeking substantial reduction of the amount of pre-deposit for hearing the Appeal, on the ground of undue hardship.