News

GST Council proposes sweeping reforms: Relief from arrests, lower penalties and easier compliance for businesses

The reforms promise relief for MSMEs, exporters and online sellers through automated refunds, wider input tax credit eligibility, and simpler registration.

Dhanam News Desk

The reforms promise relief for MSMEs, exporters and online sellers through automated refunds, wider input tax credit eligibility, simpler registration and reduced enforcement powers. GST rates remain unchanged.

In a major overhaul of the Goods and Services Tax (GST) framework, the GST Council has recommended a series of business-friendly reforms aimed at reducing compliance costs, speeding up refunds and making tax enforcement less punitive.

The council, chaired by Union Finance Minister Nirmala Sitharaman, approved the recommendations at its 57th meeting in New Delhi on October 8. The measures cover GST registration, returns, refunds, input tax credit (ITC), penalties, prosecution, exports and the movement of goods between states.

Unlike last year's tax rate rationalisation, the latest round focuses on simplifying the procedures businesses must follow. The council has not announced any changes to GST rates. Most reforms will require legislative or procedural changes before taking effect.

Faster refunds to improve cash flow

One of the most significant proposals is to speed up GST refunds, offering potential working capital relief to businesses, particularly exporters and manufacturers.

The council has recommended reducing the time allowed to acknowledge a refund application from 15 days to 10 days. Applications will be treated as acknowledged automatically if no acknowledgement or deficiency memo is issued within this period.

Under the proposed automated system, 90% of eligible refund claims could be sanctioned based on risk assessment without direct intervention by tax officers. Refund orders would be issued within three working days of acknowledgement, against seven days currently.

Businesses will also be eligible for a wider range of ITC refunds under the inverted duty structure, where tax paid on inputs exceeds GST collected on finished products.

Refunds on eligible input services will be available for credits availed from November 1, 2026. The facility will be extended to capital goods from April 1, 2027, with refunds spread over 60 months.

These measures could ease cash flow pressures in manufacturing-intensive sectors, including textiles, footwear and pharmaceuticals.

Relief from arrests and penalties

The council has recommended removing arrest provisions under GST, marking a significant change in the approach to tax enforcement.

The monetary threshold for initiating prosecution will increase from ₹1 crore to ₹5 crore, while the maximum general penalty will be reduced from ₹25,000 to ₹10,000.

A minimum threshold of ₹10,000 has also been proposed for issuing GST notices. This would prevent businesses from facing formal proceedings over relatively small amounts.

The changes are intended to reduce unnecessary litigation and disproportionate enforcement action, particularly against smaller enterprises.

Wider input tax credit benefits

The council has proposed expanding the range of business expenses eligible for ITC. The relaxation covers employee health and life insurance, telecommunications towers, pipelines laid outside factory premises and certain other business-related expenses.

It also includes free samples and goods that must be destroyed or written off after expiry under applicable laws.

A separate issue concerns genuine buyers who lose input tax credit because suppliers elsewhere in the transaction chain fail to meet their GST obligations.

An officers' committee will examine ways to protect buyers who possess valid invoices, have received the goods and have paid their suppliers. The committee is expected to submit its recommendations within three months, with implementation targeted for April 1, 2027.

Easier registration

GST registration and cancellation procedures are set to become more automated. The registration form will be redesigned to display only relevant fields and provide clearer guidance on supporting documents. Routine changes involving trade names, directors, partners and additional business locations could be approved automatically.

Registration cancellation will also be automated in phases, beginning with smaller taxpayers.

The Council has approved in principle an optional compliance scheme for businesses with annual turnover of up to ₹5 crore that sell exclusively to consumers.

Eligible businesses would be permitted to file GST returns annually while paying tax quarterly. The move could substantially reduce paperwork for small retailers and other consumer-facing enterprises.

Small online sellers

Small businesses selling through e-commerce platforms will be able to use warehouses operated by those platforms in other states as their principal place of business, subject to specified conditions.

The simplified registration mechanism will apply to eligible sellers passing on ITC of up to ₹2.5 lakh a month, excluding stock transfers between distinct persons.

This could particularly benefit MSMEs and small consumer brands in Keralam looking to reach customers in other states without establishing separate offices or warehouses.

Fewer inspections

The Council has proposed restrictions on physical inspections of goods transported between states.

Vehicles carrying goods may be intercepted only on specific intelligence and with authorisation from an officer of at least Joint Commissioner rank.

Inspection powers will generally be restricted to states where the supplier or recipient is located or registered. States through which goods merely pass will not be permitted to conduct routine interceptions.

Exceptions will apply where mandatory e-way bills or documents establishing the origin or destination of goods are missing.

The measures could reduce delays and transportation costs for manufacturers, traders and logistics operators.

Export benefits extended

The council has also recommended changes to the definition and treatment of exported services. Indian companies providing services to overseas clients through their foreign branches could become eligible for export-related GST benefits, subject to applicable conditions.

Services such as testing, repair, research, certification and processing carried out in India on goods owned by foreign customers could also qualify for export benefits without requiring the goods to leave India.

The proposals could benefit IT companies, engineering consultancies, research firms and other service exporters.

Towards a faceless GST system

The Centre is also working towards a faceless CGST administration, with implementation targeted for 2027-28.

The proposed framework would allow greater centralisation of audits, scrutiny, notices and adjudication, particularly for businesses holding multiple GST registrations.

The government aims to reduce direct interaction between taxpayers and tax officials while using invoice matching, data analytics and risk assessment to identify suspected tax irregularities.

What changes for businesses?

For businesses in Keralam, particularly MSMEs, manufacturers, exporters and online retailers, the proposed reforms could provide relief on several fronts: faster access to refunds, reduced compliance expenses, improved working capital and fewer disruptions during interstate transportation.

However, several measures will be introduced in phases and depend on amendments to GST laws, rules and administrative systems.

The Council has retained existing GST rates and indicated that rate-related matters will be considered separately at a dedicated annual meeting.

The latest recommendations signal a shift in GST administration towards automated compliance, risk-based scrutiny and less intrusive enforcement, potentially making the indirect tax regime easier for businesses to navigate.

SCROLL FOR NEXT