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Freedom251 › Blog › GST compliance

The Next Phase of GST: Wider Credits, Faster Refunds and Proportionate Enforcement

By Freedom251 Team · · 6 min read

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India’s GST Council has recommended a new set of process and credit reforms that could make some refunds faster, allow additional input tax credit (ITC) refunds and narrow certain enforcement measures. They are recommendations from the Council’s 57th meeting on 8 October 2026—not, by themselves, changes already in force. Businesses should treat the dates and benefits below as proposed until the relevant legal amendments, rules and portal changes are confirmed.

What the Council recommended—and what businesses can rely on now

The proposals target three sources of friction: money held up in refund processing, ITC that cannot currently be refunded in specified situations, and administrative or enforcement processes that can produce avoidable disputes. They also propose tighter alignment between GST returns and portal data.

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The source for the measures in this article is the Press Information Bureau’s reproduction of the GST Council recommendations from 8 October 2026. The Council’s recommendations are not a substitute for an enacted amendment, notification, circular or operational portal instruction. The PIB explainer published on 9 October 2026 provides wider context; it reports around 1.70 crore registered taxpayers as of September 2026, 3,053 crore cumulative invoice uploads and 833.82 crore cumulative e-way bills as of 30 September 2026, and gross GST collections of about ₹12.46 lakh crore during April–September 2026, up 11.6% year over year.

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For a taxpayer, the practical distinction is simple: identify which proposal could affect your business, but continue to follow the operative law and current filing process until implementation is officially confirmed.

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How the proposed refund process would change

The Council recommended a two-phase, system-based process for refunds involving excess electronic cash-ledger balances, zero-rated supplies and inverted duty structure claims. The phases differ in which refunds could be fully sanctioned automatically and which would first receive a provisional payment.

Refund case Proposed handling Important condition
Eligible excess balance in the electronic cash ledger Automatic full sanction in Phase 1 Eligibility and final system process depend on the amended rules and implementation.
Zero-rated supplies and inverted duty structure Risk-based automatic provisional sanction of 90% in Phase 1 The proposal is not an unconditional 90% payment to every claimant.
Acknowledged zero-rated claim selected through risk evaluation Automatic full sanction in a later phase Subject to adjustment of pending dues and system risk evaluation.

The Council also recommended reducing the period for issuing an acknowledgement or deficiency memo from 15 days to 10 days, with deemed acknowledgement if no response is issued within the proposed period. This would not mean that every claim is automatically approved: acknowledgement is a processing step, and claims remain subject to eligibility and risk controls.

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Changes to refund documentation and calculations

  • Refund applications would use system-readable information, with scanned-document uploads removed for specified zero-rated and inverted-duty claims.
  • The relevant zero-rated goods refund formula would no longer have the 1.5-times domestic like-goods turnover ceiling.
  • The ₹1,000 minimum refund threshold would apply to the combined CGST, SGST/UTGST and IGST refund amount.

Which additional ITC refunds are proposed?

The recommendations would broaden refund eligibility for accumulated ITC in specified cases. They do not propose a general right to refund all unused credits, and each claim would still depend on the final statutory wording and the taxpayer’s facts.

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Credit type and supply Proposed refund treatment Proposed credit date
Input services used for inverted-duty-structure supplies Accumulated credit would become eligible for refund. Credit availed on or after 1 November 2026.
Capital goods used for zero-rated or inverted-duty-structure supplies Accumulated credit would become eligible for refund, spread over 60 months. Credit availed on or after 1 April 2027.
Capital goods used for zero-rated supplies Accumulated credit would become eligible for refund under the proposal. Credit availed on or after 1 April 2027, spread over 60 months.

The dates above are transition dates stated in the Council’s recommendations, not confirmation that a claim can be filed under those rules on those dates. Businesses planning investments or refund positions around them should verify the enacted text before treating a credit as refundable.

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Specified blocked-credit restrictions may be relaxed

The Council recommended removing restrictions for specified categories that include outdoor catering; health and life insurance; telecommunication towers; pipelines laid outside factory premises; free samples; and goods destroyed or written off at the end of shelf life where doing so is required by law.

This is a targeted proposal, not a blanket removal of blocked-credit restrictions. The final drafting, conditions and documentation will determine which expenses qualify. For example, a business should not assume that every insurance policy, catering expense, sample or written-off item will qualify merely because it falls broadly within one of these labels.

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Return matching and corrections would become more structured

The recommended return changes aim to improve alignment among outward-supply details, tax liability and ITC records. The focus is on making discrepancies visible and providing defined ways to manage them rather than relying on informal reconciliation alone.

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  • Improve reconciliation of GSTR-1, GSTR-1A and the Invoice Furnishing Facility (IFF) with GSTR-3B.
  • Align ITC claimed in GSTR-3B with GSTR-2B.
  • Introduce an electronic statement for reverse-charge tax paid and the corresponding ITC claimed.
  • Provide an Invoice Management System option to accept, reject or keep inward-supply documents pending for GSTR-2B generation, subject to conditions.
  • Record ITC reversals and reclaims through an electronic statement.
  • Provide a mechanism to correct return liability so it aligns with outward-supply details.

An alternate mechanism for correcting liability and ITC was recommended for possible introduction from the April 2027 return, after time-bound consultation on the revised approach. Until the portal and final rules specify how corrections work, tax teams should retain source invoices and reconciliation records and follow the current return process.

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What proportionate enforcement would mean

The proposals seek to make notice and adjudication more consistent while preserving action against fraud and evasion. They address how notices are framed, how proceedings are conducted and the consequences in specified cases.

Notices, hearings and penalties

  • Issue guidance emphasizing clear, well-founded notices, timely orders and natural justice, including personal hearings.
  • Require fraud, wilful misstatement or suppression grounds to be invoked on the merits of each case.
  • Set a proposed ₹10,000 minimum tax threshold for issuing a show-cause notice.
  • Provide for a 5% penalty in specified non-fraud cases where tax and interest are paid within the applicable 30- or 60-day period after adjudication.
  • Remove the minimum ₹10,000 penalty in non-fraud cases and reduce the maximum general penalty under section 125 from ₹25,000 to ₹10,000.
  • Cap appeal pre-deposits at ₹40 crore in penalty-only cases.

The payment windows and penalty treatment would apply only as set out in the final legal provisions; they should not be read as a general penalty reduction available in every dispute.

Arrest powers and fraudulent ITC offences

The Council recommended withdrawing GST arrest powers by omitting section 69. It also recommended narrowing the criminal offence for fraudulent ITC availment to cases where goods or services were not received, or an invoice or bill was absent, and rationalising punishments. These are proposed legal changes. They do not establish immediate immunity from investigation or prosecution, and the applicable law in any live matter must be checked.

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Other trade, registration and administrative proposals

The Council recommended technical changes intended to facilitate export-of-services treatment for supplies to or through foreign offices or branches; clarify acceptable payment in foreign currency or Indian rupees; change place-of-supply treatment for certain services where goods are physically made available to the supplier; and clarify when specified deliveries to an SEZ or FTWZ for an overseas buyer qualify as zero-rated, subject to payment conditions. The effect depends on the particular transaction and the enacted wording.

Other recommendations cover simplified processing for registration, low-risk registration, e-commerce sellers, e-way-bill enforcement, an opportunity to be heard before certain credit-ledger blocking decisions, late-fee relief for some small taxpayers, and common guidance for notices and proceedings. An optional scheme for certain small consumer-facing businesses with turnover up to ₹5 crore was also recommended; the figure alone does not establish eligibility, which depends on the final conditions.

Who should track the proposals first?

  • Exporters: Track the proposed zero-rated refund process, capital-goods credit treatment and technical export-of-services clarifications.
  • Businesses with inverted duty structures: Review whether accumulated input-service or capital-goods credit could matter under the proposed transition dates.
  • Employers and service providers: Check whether their spending falls within one of the specifically named ITC categories, while waiting for the final conditions.
  • Tax and finance teams: Reconcile GSTR-1/1A/IFF, GSTR-3B and GSTR-2B records and preserve supporting documents as the proposed portal mechanisms are developed.
  • Businesses in disputes: Apply current law to notices, blocked credit and appeals; Council recommendations alone do not determine a taxpayer’s rights in an ongoing case.

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GST complianceGST CouncilGST refundsIndia GSTinput tax credit

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