Time-limit for filing waiver application of interest and penalty under Section 128A is directory, not mandatory

The Hon’ble Karnataka High Court in the case of Sri Laxmi Borewell Agencies v. Assistant Commissioner of Central Tax & Anr. [WP No. 102773 of 2026 (T-Res), order dated April 17, 2026] held that the time-limit prescribed for filing an application under Section 128A of the CGST Act for waiver of interest/penalty is directory and not mandatory, and rejection of such application solely on the ground of delay is untenable.

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