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GST Council Scraps Arrest Power of Tax Officials, Approves Faster Refunds: FM Nirmala Sitharaman

Finance Minister Nirmala Sitharaman said the changes will shift enforcement toward recovery and prosecution, with 887 arrests made in GST cases from 2021-22 to 2024-25.

  • The GST Council will consider removing arrest powers during its upcoming 57th meeting on Wednesday, addressing long-standing industry concerns about tax authority overreach.
  • Industry leaders have criticized arrest provisions as harassment tools, prompting the Centre and states to hold consultations over nine months seeking consensus on removal.
  • For intentional fraud, authorities will proceed under the Bharatiya Nyaya Sanhita criminal code; the Central Board of Direct Taxes removed arrest provisions in September with retrospective effect from April 1, 2026.
  • Currently, The Commissioner can authorize arrests based on "reasons to believe" an offense occurred; removal would align GST with the pre-2017 Value Added Tax system.
  • Following the GST Council's decision, the Centre expects to introduce legislative amendments during Parliament's Winter Session to formally enable removal of arrest powers under GST laws.
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Indian Express broke the news in Noida, India on Saturday, October 3, 2026.
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