rotating globe
9 Oct 2026


GST Council scraps officers’ arrest powers

Council scraps arrest powers, raises prosecution threshold and speeds refunds to ease business compliance

The Goods and Services Tax (GST) Council has approved a series of changes to tax administration, seeking to make compliance easier, reduce procedural delays and provide greater certainty to businesses. The decisions, taken at a meeting chaired by Union Finance Minister Nirmala Sitharaman on October 8, focus on enforcement, refunds, registration and input tax credit, while leaving GST rates largely unchanged.

Among the key recommendations are the removal of arrest powers for GST officers under the revised framework, an increase in the threshold for prosecution to ₹5 crore and faster processing of eligible refunds. The Council has also proposed simplifying registration procedures and reducing the scope for unnecessary inspections of goods in transit.

The overhaul is intended to make the GST system more business-friendly without weakening action against serious tax evasion. For companies, traders and small businesses, the proposed changes could reduce the time and resources spent resolving routine compliance issues and help improve cash flow.

The recommendations are expected to take effect from April 1, 2027, allowing businesses and tax authorities time to prepare for the new procedures.

A major part of the reform concerns the powers available to GST officials. The Council has recommended removing arrest powers under the revised framework and increasing the prosecution threshold from ₹1 crore to ₹5 crore. It has also proposed reducing the general penalty from ₹25,000 to ₹10,000.

The changes seek to draw a clearer distinction between serious tax fraud and routine compliance failures. Businesses that make mistakes in filing returns or delay payments will still be liable for applicable taxes, interest and penalties. However, the higher prosecution threshold is expected to limit criminal proceedings in cases involving smaller amounts, while preserving stronger enforcement for significant violations.

The Council has also recommended giving courts greater discretion in deciding penalties and imprisonment, where applicable, rather than relying on mandatory minimum punishments. The objective is to make enforcement more proportionate and reduce the fear of criminal action over technical or procedural lapses.

Faster GST refunds are another important element of the proposed overhaul. Delays in receiving refunds can tie up working capital, particularly for exporters and businesses that regularly accumulate input tax credit. The Council has recommended shortening the acknowledgement period for refund applications from 15 days to 10 days.

Under the proposed risk-based system, around 90% of eligible refund claims are expected to be sanctioned automatically within three working days of acknowledgement. Refunds arising from excess balances in the electronic cash ledger are also set to be automated.

The changes could help businesses access their money sooner and reduce dependence on repeated follow-ups with tax officials. However, the speed of implementation and the effectiveness of risk assessment will determine how much the measures improve the experience of taxpayers.

Registration procedures are also set for simplification. The Council has recommended clearer timelines for processing applications, automatic acceptance of routine changes to registration details and easier cancellation procedures. These measures are expected to reduce paperwork for businesses that are setting up operations, expanding into new markets or updating their details.

Small sellers using e-commerce platforms could also benefit from greater flexibility in selling goods across state boundaries, subject to eligibility conditions. Simplifying GST registration for these businesses could help more small enterprises access online marketplaces without facing avoidable administrative hurdles.

The Council has also examined concerns surrounding input tax credit (ITC), which allows eligible businesses to offset GST paid on purchases against tax payable on sales. It has recommended expanding ITC eligibility for certain business expenses, including employee health and life insurance and telecom towers.

However, the question of whether buyers should retain ITC when a supplier collects GST but fails to deposit it with the government remains unresolved. The matter has been referred to a committee, which is expected to submit recommendations within three months. The decision is significant because genuine businesses can face financial losses when suppliers default on their tax obligations.

To reduce disruptions in goods movement, the Council has proposed tighter safeguards for inspections and interceptions during transit. Checks would require specific intelligence and authorisation, with interception powers limited to designated officers. Common standards for GST notices and proceedings are also intended to reduce inconsistencies and disputes across states.

Despite the procedural changes, the Council has decided against a broad revision of GST rates. Sitharaman indicated that the existing rate structure would remain in place, with rate-related issues to be considered at a dedicated annual meeting. Maintaining stability in tax rates is expected to help businesses plan prices, investments and supply chains with greater certainty.

The proposed GST reforms signal a move towards simpler compliance and more predictable enforcement. Their impact will depend on the final rules and how consistently states and tax authorities implement them. For businesses, the key benefits could be quicker refunds, fewer administrative hurdles and greater clarity on the consequences of non-compliance, while the government continues to pursue serious tax evasion.