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TMI Blog2019 (5) TMI 1573X X X X Extracts X X X X X X X X Extracts X X X X ..... 2019 - - X X X X Extracts X X X X X X X X Extracts X X X X ..... of India returned their application without any decision. That as per Rule 8 of the Foreign Exchange (Compounding Proceedings) Rules 2000 it was mandatory on the part of the compounding authority, in this case the RBI, to pass an order of compounding and it could not have simply returned its application. That they have a strong prima facie case and relied on the judgment of the High Court of Delhi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ....what is a prima facie case is well-settled. It refers to an arguable or triable case. The Tribunal once it comes to the conclusion on perusal of the pleadings, documents and on hearing of the parties that there is a good prima facie case to be considered, the next step in exercise of discretion is determining the quantum of waiver to be granted. In determination of the quantum of waiver, facto ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... o does not strengthen their argument in as much as the RBI had returned their compounding application vide their letter dated 22.08.2012 but the appellants never considered filing an appeal or representation against the said letter of RBI. They, therefore, way back in 2012 had accepted the non-compounding by the RBI. They have pleaded financial hardship but have not submitted any document in supp ..... X X X X Extracts X X X X X X X X Extracts X X X X
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