57th GST Council Meeting: GST Gets Easier and Faster – Every Decision, Before vs After
57th GST Council meeting made easy: arrest power, ₹5 crore prosecution limit, faster refunds, ITC, penalties. Before vs after tables – Hyderabad guide.
Imagine a truck leaving Hyderabad for Bengaluru with a valid e-way bill, stopped three times in three States. Imagine a refund claim that sits for weeks because of one missing scanned page. Imagine a ₹4,000 tax difference turning into a full-blown show cause notice. The 57th GST Council meeting, held in New Delhi on 8 October 2026 under Union Finance Minister Nirmala Sitharaman, was an attempt to retire scenes like these. The theme: ease (fewer manual steps, fewer documents, fewer disputes) and speed (shorter timelines, system-driven decisions).
The short answer: The Council recommended omitting section 69 of the CGST Act (arrest power), raising the section 132 prosecution threshold from ₹1 crore to ₹5 crore, cutting the section 125 general penalty from ₹25,000 to ₹10,000, introducing a ₹10,000 minimum tax for show cause notices, and moving refunds, registration, cancellation and return-mismatch handling to system-driven processes. This is as per the press release; the Act amendments, Rules, notifications and circulars are awaited, and nothing changes in your compliance today.
What did the 57th GST Council meeting decide? (the scorecard)
| Area | Before | After (recommended) |
|---|---|---|
| Arrest (s.69) | In force | Omit section 69 |
| Prosecution threshold (s.132) | ₹1 crore | ₹5 crore, with narrower offence clauses |
| General penalty (s.125) | ₹25,000 | ₹10,000 |
| Show cause notice (ss.73, 74, 74A) | No minimum floor | Minimum ₹10,000 of tax |
| Refund acknowledgement | 15 days | 10 days, deemed acknowledgement |
| Rule 89(4)(C) refund cap | 1.5 times like goods supplied domestically | Removed |
| Late fee, s.39(1) | Applies | Waived up to ₹5 crore prior-year turnover if filed by end of the month due |
| Highway interception | Existing powers | Only on specific intelligence, authorised by an officer not below Joint Commissioner |
Is GST arrest power really being removed?
The Council recommended omitting section 69 and raising the section 132 prosecution threshold from ₹1 crore to ₹5 crore. In section 132(1) it recommended omitting clause (i), deleting “evades tax” in clause (e) and “or in any other manner deals with” in clause (h), and confining clause (c) to fraudulent ITC availment without receipt of goods or services, or without an invoice or bill. Punishments are to be “rationalised”; no details were given.
- Not law yet. Section 69 continues until Parliament amends the Act and the State Acts follow.
- Prosecution stays. Omitting arrest is not decriminalisation; fake-invoice ITC fraud remains an offence above the threshold (read the amended text when released).
- Recovery, interest and proportionate penalty remain. The reported message is proportionate consequences for mistakes, not immunity.
Fewer notices, lighter penalties, simpler appeals
| Provision | Recommended change |
|---|---|
| Sections 73, 74, 74A | Minimum ₹10,000 tax for a show cause notice; pending notices and appeals below this decided as if the threshold applied |
| Penalty as “charge” | Where full tax, interest and penalty are voluntarily paid within time |
| Non-fraud penalty | 5% if tax and interest are paid within 30 days (s.73) or 60 days (s.74A) of the adjudication order; ₹10,000 minimum penalty removed |
| Sections 107(6), 112(8) | Penalty-only appeals: pre-deposit capped at ₹40 crore (₹20 crore CGST + ₹20 crore SGST/UTGST) |
| Circular | Quality and timeliness of notices and orders; fraud/suppression only on merits; personal hearings |
| Validation clause | For notices held invalid by courts for covering multiple financial years |
| Rule 86A | Objection to blocking of credit ledger, with personal hearing |
| GSTAT | Amendments to align with the Tribunals Reforms Act, 2026 and National Tribunals Commission rules, 2026 |
Litigation view. The validation clause will itself be tested once drafted: a law that revives notices already held invalid will face challenge (litigative; wording awaited). Until the amendment is enacted, continue to defend pending notices and appeals on existing grounds. [Link: GST litigation and appeals page]
Refunds: easier and faster
| Ease | Speed |
|---|---|
| RFD-01 system-readable; no scanned documents for zero-rated and inverted duty (IDS) claims | Acknowledgement / deficiency memo: 15 → 10 days, deemed acknowledgement |
| Rule 89(4)(C) cap removed | 90% of zero-rated and IDS claims provisionally sanctioned on system risk evaluation |
| ₹1,000 refund floor applies across CGST, SGST/UTGST and IGST combined (s.54(14) explanation) | Excess cash ledger balance refunded in full, automatically (Phase 1) |
| Section 115 made standalone for interest on pre-deposit refunds | Zero-rated claims: full automated sanction after adjusting dues (Phase 2) |
ITC covered in refunds: accumulated ITC on input services (IDS) for credit availed on or after 1 November 2026; capital-goods ITC (zero-rated and IDS) spread over 60 months for credit availed on or after 1 April 2027.
ITC: blocks to be lifted
Section 17(5) blocks recommended to be removed for outdoor catering, health and life insurance, telecom towers, pipelines outside factory premises, free samples, and goods written off on legally required shelf-life expiry. Limited ITC in the same line of business is recommended for restaurant and outdoor catering, hotel accommodation up to ₹7,500 per unit per day and gym/fitness services. Second-hand vehicle margin scheme: ITC allowed on other inputs and input services; restriction only on tax on the vehicle itself.
Registration, returns and compliance: less friction
| Area | Recommended |
|---|---|
| Registration amendments (rule 19) | Accepted automatically, except Principal Place of Business (automatic for rule 14A registrants) |
| Cancellation (REG-16) | Phase 1: auto-accepted once returns filed and dues paid, if ITC passed on never exceeded ₹2.5 lakh in any month, or final GSTR-10 filed on time; Phase 2: all applications on the same conditions |
| New rule 14B | Small e-commerce sellers with no physical presence in a State: operator’s warehouse as Principal Place of Business, automatic registration if ITC passed on ≤ ₹2.5 lakh per month |
| Returns | New rules 86C, 86D; GSTR-3B aligned with GSTR-1/1A/IFF and GSTR-2B; DRC-03 to declare invoice; IMS limits on pending credit notes; from the April 2027 return after public consultation |
| Late fee, s.39(1) | Waived up to ₹5 crore prior-year turnover if filed by month-end of due month |
| E-invoicing | Extended to RCM supplies from unregistered persons and import of services, for turnover ₹5 crore and above |
| ARQP | Concept note for Annual Return Quarterly Payment (turnover ≤ ₹5 crore, B2C only) approved in principle |
Highway trucks and e-way bills
Interception only on specific intelligence with authorisation of an officer not below Joint Commissioner; inspection, detention or seizure only where the supplier or recipient is located or registered in the intercepting State, so no interception in transit States; section 130 confiscation not to apply to goods or conveyances in transit. Where no e-way bill or origin/destination document is carried, goods may be inspected regardless of jurisdiction. This needs amendment of sections 68, 129 and 130.
Exporters and IT services
Omission of section 2(6)(v) of the IGST Act (distinct-person condition for export of services), omission of section 13(3)(a), and an explanation to section 16(1): supplies to overseas buyers delivered to an SEZ/FTWZ and paid in convertible foreign exchange (or INR where RBI permits) are deemed supplies to an SEZ/FTWZ. (Read the final text before changing invoicing or LUT practice.)
Rates and classification at a glance
| Item | Status |
|---|---|
| Psyllium seeds (isabgol) | Nil rate – decided |
| Seaweed-extract bio-stimulants (FCO Schedule VI) | Heading 3101 – decided |
| Sublimation paper | Heading 4809 – decided; past cases as is where is |
| Toys, heading 9503 | Entries cover all heading 9503 toys – clarified |
| Waste/scrap of plastics, e-waste, tyres, used cooking oil | RCM (unregistered to registered); 2% TDS on B2B supplies – decided |
| Re-treaded tractor tyres | Aligned with new tractor tyre rate – decided |
| Delivery services through e-commerce operators | 5% without ITC – recommended |
| EV passenger transport / vehicle rental with operator | Option of 5% with restricted ITC – recommended |
| Storage of sowing seeds; coffee curing; helicopter seat-sharing (NE States, Sikkim, Bagdogra); SPFO services | Exemptions – recommended |
When does each change start?
No dates have been reported for the arrest, prosecution, penalty or interception changes. Do not assume 1 April 2027 for them.
CA in Kondapur & Gachibowli: your 5-point action list
Software exporters in Kondapur and Gachibowli, SEZ units in Nanakramguda and trading businesses around Hitech City need no filing change this week. Prepare instead:
- List open notices and appeals and test each against the ₹10,000 and penalty-only pre-deposit proposals.
- Review export-of-services positions, especially with foreign group offices.
- Map ITC blocked under section 17(5) that may open up once amended.
- Clean GSTR-1, 3B and 2B reconciliations before the April 2027 mismatch mechanism.
- Track the amendment text, CBIC circulars and the public consultation before acting.
Why work with a multi-disciplinary practice?
Think of a multi-speciality hospital: the diagnosis, the procedure and the follow-up sit in one building. ComplianceKart is a boutique practice with Chartered Accountants, Company Secretaries and advocates under one roof, so reconciliation, notice reply and appeal stay with one team. Call or WhatsApp 9959536391 or write to team@compliancekart.com. [Link: GST services page]
FAQs
When was the 57th GST Council meeting held?
On 8 October 2026 in New Delhi, chaired by Union Finance Minister Nirmala Sitharaman (an earlier Secretariat memo had indicated 7 October).
Has GST arrest power been abolished?
Not yet. The Council recommended omitting section 69 of the CGST Act; the existing provision continues until the Act is amended.
What is the new prosecution limit?
The Council recommended ₹5 crore under section 132, up from ₹1 crore.
What changes for GST refunds?
Recommended: automatic refund of excess cash ledger balance, 90% provisional sanction for zero-rated and inverted duty claims, 10-day acknowledgement and system-readable RFD-01.
Is there a GST amnesty?
None has been reported from this meeting.
Do I need to act now?
No filing change arises today. Clean reconciliations, review notices and watch for the amendments.
Disclaimer
This article is based on the press release and reports of the 57th GST Council meeting held on 8 October 2026. The recommendations take legal effect only through amendments to the CGST Act and Rules, notifications and circulars, which are awaited; please do not act on them until notified. “Before” positions are shown as existing law and should be confirmed. This is general information and not legal advice.
Sources
TaxGuru summary of the PIB release; CAclubindia, Outlook Business and Whalesbook reports (8 October 2026); Juris Hour (Secretariat schedule memo). The official PIB release and Council minutes were not directly read at the time of writing.
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