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Will the GST Council Remove Arrest Powers and Speed Up Refunds? What’s Known

The GST Council is expected to discuss arrest powers on 7 October 2026, but no change is confirmed. Refund measures have separate risk-based and notification-dependent timelines.
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As of 5 October 2026, GST arrest powers have not been removed. The GST Council is expected to consider the proposal at its 7 October meeting, but any change would need legislative action. Refund reforms are a separate matter: some risk-based provisional refund measures were set for operationalisation from 1 November 2025, while further refund provisions described in January 2026 were still awaiting a notified effective date.

Can GST officers arrest taxpayers under the current law?

Under Section 69 of India’s Central Goods and Services Tax Act, the Commissioner may, when there are recorded “reasons to believe” that a person has committed a specified offence, authorise a central tax officer to make an arrest. The Indian Express reports that the reasons must be supported by credible material and recorded in writing; examples of the conduct covered include issuing fake invoices and fraudulently claiming input tax credit. The Indian Express’s account of the existing law and proposal also distinguishes arrest from separate tax consequences: non-compliance may lead to tax recovery, interest under Section 50 and penalties under Section 122.

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The same report cites 72,393 GST offence cases and 887 arrests by central GST formations during 2021–22 to 2024–25. Those figures cover central formations only; arrests by state authorities are additional, so they are not a complete all-India total.

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What arrest changes are being considered?

A report updated 4 October 2026 says the Council is expected to discuss decriminalising offences and removing GST arrest provisions at its 7 October meeting. It cites unnamed people familiar with the matter. The report says a final Council decision would need to be followed by legislative changes, so the expected discussion alone does not alter the law. The Indian Express report describes intentional fraud as potentially remaining prosecutable, with arrests possible through the criminal code; that is a description of the proposal, not a settled rule.

India Today separately reports possible court authorisation for arrests, changes to prosecution thresholds and offence categories, and continued recovery of tax, interest and penalties. These details are attributed to sources and remain unconfirmed. They should not be treated as adopted law or as proof that tax liabilities would be cancelled. India Today’s account of the reported proposal

What GST refund measures have been announced?

Refund changes follow a separate policy track from criminal enforcement. The 56th GST Council meeting’s September 2025 press release recommended risk-based provisional sanction of 90% of eligible refund claims for zero-rated supplies, and a separate 90% provisional refund mechanism for inverted duty structure claims. The stated operational date for these measures was 1 November 2025. They are conditional: the zero-rated process is subject to system risk identification and evaluation, with exceptions for cases selected for detailed scrutiny and notified categories excluded from provisional sanction. For inverted duty claims, the release said central tax field formations would be directed to grant a provisional refund equivalent to 90% of the claim using risk identification and evaluation, pending the necessary CGST Act amendment. These measures do not guarantee that every claimant receives a refund promptly. 56th GST Council meeting press release

The Council also recommended removing the threshold for refunds arising from exports made with payment of tax, particularly to help small exporters using courier and postal channels. That recommendation is distinct from the later below-₹1,000 provision described in the GST Council Secretariat’s January 2026 newsletter.

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Refund status at a glance

Measure Status and timing described in the official source
90% provisional refund for zero-rated supplies 56th-meeting recommendation; risk-based, with stated operational date of 1 November 2025.
90% provisional refund for inverted duty structure claims 56th-meeting recommendation; central field formations to use risk identification and evaluation, with stated operational date of 1 November 2025 pending the requisite CGST Act amendment.
Removal of threshold for export refunds where tax was paid 56th-meeting recommendation; intended in particular to help small courier and postal exporters.
Below-₹1,000 refunds for specified exports made with payment of tax Finance Bill provision described in the January 2026 newsletter; effective date was to be notified.
90% provisional inverted-duty refunds under the Finance Bill Finance Bill provision described in the January 2026 newsletter; effective date was to be notified.

The GST Council Secretariat’s Issue 82 newsletter, published in January 2026, said the Finance Bill 2026 proposed the latter two changes and that they would take effect from a date to be notified in coordination with States. The newsletter does not establish that these provisions have since commenced; a later notification or enacted provision is needed to confirm their current legal status. GST Council Secretariat, GST Newsletter Issue 82

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What happens after the 7 October meeting?

The Council’s decision, if any, is only the first step for an arrest-law change: the reported proposal requires subsequent legislation. For the refund amendments described as notification-dependent in January 2026, the relevant commencement notification is the key confirmation of when they apply. Until those official steps are confirmed, distinguish proposals and recommendations from changes in force.

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