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KAR SATHI · VISUAL GUIDE

57th GST Council: ₹5 Crore Prosecution Rules 2026

The 57th GST Council proposed a ₹5 crore prosecution threshold and changes to arrest powers. These recommendations require legal implementation before taking effect.

Proposed changes are subject to legislative implementation.

KAR SATHI · TAX & COMPLIANCE
Kar Sathi
02 / 10

01 · FROM THE GUIDE

Overview

57th GST Council Meeting 2026: ₹5 Crore GST Prosecution Threshold, Arrest Powers and Key Changes Explained

Updated: 2 November 2026 | Category: GST Updates & Compliance

KAR SATHI · TAX & COMPLIANCE
Kar Sathi
03 / 10

02 · FROM THE GUIDE

Recommendations, not an enacted amendment

The Council proposed enforcement reforms at its 57th meeting.

Verify the final legislation and commencement provisions before relying on relief.

KAR SATHI · TAX & COMPLIANCE
Kar Sathi
04 / 10

03 · FROM THE GUIDE

What Is GST Prosecution?

GST prosecution means criminal proceedings for specified offences under the CGST Act.

It is different from ordinary adjudication. A GST demand proceeding may determine unpaid tax, interest or penalty, while prosecution can result in criminal proceedings.

KAR SATHI · TAX & COMPLIANCE
Kar Sathi
05 / 10

04 · FROM THE GUIDE

₹5 Crore GST Prosecution Threshold: What Is Changing?

The GST Council has recommended increasing the monetary threshold for prosecution from ₹1 crore to ₹5 crore.

The applicable statutory conditions depend on the offence and amount. The proposed threshold is not yet an enacted amendment.

KAR SATHI · TAX & COMPLIANCE
Kar Sathi
06 / 10

05 · FROM THE GUIDE

Law and administrative guidance differ

CBIC prosecution guidelines and statutory offence provisions have different roles.

Check the applicable law, evidence and exceptions for each case.

KAR SATHI · TAX & COMPLIANCE
Kar Sathi
07 / 10

06 · FROM THE GUIDE

Complete Withdrawal of GST Arrest Powers Proposed

The Council's official press release uses clear language: it recommended complete withdrawal of arrest powers under GST by omission of Section 69 of the CGST Act, 2017.

Section 69 currently allows the Commissioner, subject to statutory conditions, to authorise arrest for specified offences linked to Section 132.

KAR SATHI · TAX & COMPLIANCE
Kar Sathi
08 / 10

07 · FROM THE GUIDE

Proposed offence changes

The Council recommended changes to the scope of Section 132 offences.

The final legal text and commencement date govern implementation.

KAR SATHI · TAX & COMPLIANCE
Kar Sathi
09 / 10

08 · FROM THE GUIDE

What Is Changing in GST Imprisonment Rules?

Under the existing Section 132 framework, punishment varies according to the offence and monetary amount.

The Council recommended rationalisation of punishment. Do not treat a proposed revised slab as enacted law.

KAR SATHI · TAX & COMPLIANCE
Kar Sathi
10 / 10

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