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


Quick Summary
The Karnataka High Court has ruled that the time limit for filing an application to waive interest and penalties under Section 128A of the CGST Act is directory, not mandatory. This means that applications cannot be rejected solely based on being filed after the specified deadline. The court emphasised that the use of the word 'may' in the relevant notification indicates flexibility rather than a strict obligation.

Court :
Karnataka High Court

Brief :
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.

Citation :
WP No. 102773 of 2026 (T-Res), order dated April 17, 2026

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Bimal Jain
Published in GST
Views : 97
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