• 🇮🇳 India
  • GST Council
  • Indirect Taxation
  • CBIC

57th GST Council: Arrests, Refunds and ITC Reform

GST process reform

In short: On 8 October 2026 the 57th GST Council recommended process reforms, including omitting arrest powers under section 69, a ₹5 crore prosecution threshold and system-sanctioned refunds. These are recommendations, not law. They take effect only through circulars, notifications and law amendments, so finance teams can plan now but should not treat them as law.

₹5 croreProsecution threshold, up from ₹1 crore (para 11.2)
90%Provisional system refund, zero-rated and inverted duty, Phase 1 (para 6.1)
₹10,000Minimum tax for a show cause notice (para 7.2)
60 monthsCapital goods credit refund spread (para 8.3)

Key facts

Authority GST Council, chaired at the 57th Meeting by the Union Finance & Corporate Affairs Minister
Instrument Recommendations of the 57th Meeting of the GST Council (PIB Release ID 2320934)
Issue date 8 October 2026 (meeting held and release posted the same day)
Effective date None yet. Recommended dates: input services ITC refund for credit availed on or after 1 November 2026; capital goods ITC refund for credit availed on or after 1 April 2027; return amendment mechanism from the April 2027 return
Applies to GST-registered taxpayers, exporters, e-commerce operators and sellers, banks, NBFCs and tax officers
Status Recommended, not yet law Recommendations only. The release says circulars, notifications and law amendments alone have the force of law
Official source https://www.pib.gov.in/PressReleasePage.aspx?PRID=2320934
Last verified 12 October 2026, against the PIB release, the GST Council press release PDF and the GST Council FAQs

The 56th meeting focused on rate rationalisation and reduction of rates. The 57th, held in New Delhi on 8 October 2026, focused on process reforms: registration, returns, refunds and adjudication (PIB release).

  • Not law yet

    The release says the recommendations will be given effect through “circulars/ notifications/ law amendments which alone shall have the force of law.” The Council’s website lists only the press release and FAQs, with no implementing notification.

  • Arrest and prosecution

    The Council recommended “complete withdrawal of arrest powers” by omitting section 69 of the CGST Act. The prosecution threshold would rise from ₹1 crore to ₹5 crore, and the maximum general penalty under section 125 would fall from ₹25,000 to ₹10,000 (paras 11.1, 11.2, 7.3).

  • Notices and appeals

    No show cause notice would be issued where the tax involved is under ₹10,000. In non-fraud cases a reduced penalty of 5% would apply if tax and interest are paid within 30 days (section 73) or 60 days (section 74A) of the adjudication order. Where an order involves only penalty, the appeal pre-deposit would be capped at ₹40 crore (paras 7.2, 7.4).

  • Refunds

    In Phase 1, excess cash ledger balances would be refunded automatically, the acknowledgement time limit would drop from 15 to 10 days, and 90% of zero-rated and inverted-duty claims would be sanctioned provisionally by the system (para 6.1).

  • Input tax credit

    Accumulated credit on input services (inverted duty) and capital goods (zero-rated and inverted duty) would become refundable. Section 17(5) restrictions would be removed on items including outdoor catering, health and life insurance and telecom towers (paras 8, 9).

  • Returns and e-invoicing

    A mechanism to correct liability and ITC in returns could start from the April 2027 return, after public consultation. E-invoicing would extend to reverse-charge purchases from unregistered persons and to imports of services, for aggregate turnover of ₹5 crore and above (paras 5.2, 5.3, 18).

  • Small taxpayers

    Late fee on delayed section 39(1) returns would be waived for turnover up to ₹5 crore in the preceding year, if filed by the end of the due month. An optional Annual Return Quarterly Payment scheme for B2C-only suppliers up to ₹5 crore was approved in-principle (paras 15, 17).

Who is affected?

GST-registered businesses are affected to different degrees. Exporters and manufacturers with inverted duty could gain working capital. Businesses in litigation could gain from the notice threshold and the 5% route. Taxpayers with turnover of ₹5 crore or more would be covered by the e-invoicing extension.

Banks and NBFCs should read two items. The Council recommended circulars on ITC for banking companies and financial institutions, including NBFCs, that opt for section 17(4) (para 16). It also recommended clarifying that notional funds transfer pricing amounts between branches fall within “interest” under Notification 12/2017-Central Tax (Rate) (item C2.13).

What should finance teams do next?

The five moves below are practical advice, not requirements of the release:

  1. Treat these as proposals.Do not treat these as enacted when recognising refunds or provisions; confirm treatment with your tax adviser.
  2. Model the cash.Estimate refund timing under the 90% route and the 60-month spread.
  3. Review open disputes.List notices under ₹10,000 and orders that could use the 5% route.
  4. Check invoicing systems.If turnover is ₹5 crore or more, plan e-invoicing for reverse-charge and import-of-service purchases.
  5. Watch for notifications.Track CBIC circulars, notifications and the consultation on the return mechanism.

Dates and penalties

No compliance deadline is in force today. The dates below are recommended cut-offs.

1 November 2026 Input services ITC refund, inverted duty, credit availed on or after this date (para 8.2)
1 April 2027 Capital goods ITC refund, credit availed on or after this date (para 8.3)
April 2027 return Recommended start of the return amendment mechanism (para 5.2)

Relief such as the 5% route would apply only once the law is amended.

Frequently asked questions

Has the GST Council abolished arrest under GST?

Not yet. The Council recommended omitting section 69 of the CGST Act (para 11.1). The amendment must be passed and brought into force first.

Can businesses claim 90% provisional refunds now?

No. It is a Phase 1 recommendation that needs amendments to section 54 and the CGST Rules (paras 6.1, 6.2).

Does the meeting change GST rates?

Part C recommends some rate and exemption changes, for example an option of 5% GST, with restricted ITC, on passenger transport using electric vehicles (item C2.1). They take effect only through notifications.

Where can I find the official FAQs?

The GST Council website lists FAQs on the 57th meeting recommendations, linked in the sources below.

Sources (official, verified 12 October 2026)

  1. Press Information Bureau, Ministry of Finance: Recommendations of the 57th Meeting of the GST Council, 8 October 2026 (Release ID 2320934) https://www.pib.gov.in/PressReleasePage.aspx?PRID=2320934
  2. GST Council: Press release regarding recommendations of the 57th Meeting (PDF) https://gstcouncil.gov.in/sites/default/files/2026-10/press_release_0.pdf
  3. GST Council: FAQs on recommendations made in the 57th GST Council meeting (PDF) https://gstcouncil.gov.in/sites/default/files/2026-10/faqs_on_recommendations_made_in_57th_gst_council_meeting.pdf
  4. GST Council: official website, “What’s new” listing https://gstcouncil.gov.in/
  • GST Council
  • Arrest and prosecution
  • GST refunds
  • Input tax credit
  • E-invoicing
  • CGST Act amendments
  • CBIC

This post is information, not legal advice. It summarises a press release on Council recommendations; read the release itself and the notifications once issued.

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