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The GST Council is expected to consider a proposal to decriminalise offences under India’s indirect tax regime at a meeting reported for 7 October 2026, according to The Indian Express. The report, published on 4 October and based on two unnamed people aware of the development, says removing arrest provisions may be part of the proposal. No decision, draft amendment or change to the law has been established.
What is expected to be discussed?
The Indian Express reported that the Council would consider decriminalising GST offences, with possible removal of arrest powers among the measures under discussion. The report does not identify the precise offences or statutory clauses that might be affected, nor does it provide proposed amendment language. The meeting plan and agenda are attributed to unnamed sources, not to an official agenda or announcement.
The same report says legislative changes would follow if the Council approves a change. That distinction matters: a discussion or recommendation by the Council is not itself an amendment to the statute.
Has GST decriminalisation been approved?
No approval or enacted change is established in the available reporting. As of 4 October 2026, the expected 7 October discussion remains prospective. The GST Council meeting archive available for this account lists meetings through the 55th meeting in December 2024 and does not independently confirm a 2026 meeting. Readers should therefore treat the reported date and agenda as unconfirmed pending an official announcement.
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Why are arrest powers part of the debate?
The Indian Express frames the proposal against business concerns that arrest powers can be used excessively and disrupt businesses. Tax authorities, by contrast, rely on arrest powers as an enforcement tool. The report does not set out a final balance between those concerns or explain whether any proposed change would distinguish ordinary non-compliance from serious fraud or fake invoicing.
What did the GST Council consider previously?
There is precedent for Council discussion of criminal prosecution and compounding, but it does not establish the terms of the 2026 proposal. At the Council’s 49th meeting in 2023, its Law Committee recommended excluding specified offences from prosecution under the CGST Act, increasing the prosecution threshold from ₹1 crore to ₹2 crore, and changing compounding amounts. State representatives objected to parts of the recommendations, raising concerns including revenue loss and bill trading. The Council record says the proposals were deliberated; it does not make them evidence of a decision on the current report.
During that meeting, the Tamil Nadu representative cited 471 cases below ₹1 crore, with ₹222 crore in revenue implications, and said that raising the threshold to ₹2 crore could leave 241 cases for prosecution, with ₹350 crore in revenue implications. These were figures presented by that state representative in 2023, not nationwide totals or independently validated estimates. The official 49th-meeting record provides the historical context.
Independent reader supportYour contribution helps us test, update, and keep practical guides available for everyone.What would have to happen for the law to change?
The GST Council is a constitutional body that recommends action on GST implementation. Its recommendations are an important part of the process, but they do not by themselves amend the CGST Act. The Council’s institutional information describes its role and decision framework. For the reported proposal to change statutory offences or arrest provisions, the relevant legislative steps would still need to follow; the current report does not specify what those steps or the effective date would be.
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Random freezes, missing sound and display glitches usually trace back to one bad driver. Find and replace yours safely.Free scan · under a minute- At the discussion stage: the Council considers a proposal; the statute remains as it is.
- After a recommendation: a Council position still needs any required legal implementation.
- After legislation takes effect: the amended statutory text and its commencement terms establish what has changed.
Until an official decision and implementing legal text are available, it is not possible to say which offences, exceptions, thresholds or arrest powers would change.
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