As the Finance Bill 2025 undergoes debate in the National Assembly and within business circles, concerns have emerged regarding certain proposed amendments to tax laws. Several reports in the digital and print media suggest a lack of clarity and public understanding surrounding some key provisions.
A particular point of contention involves the proposed changes to arrest powers under tax fraud investigations. Currently, Section 37A of the Sales Tax Act, 1990 provides legal grounds for arrest in such cases, along with safeguards, such as immediate intimation to a Special Judge and mandatory court appearance within 24 hours.
The proposed amendment, however, introduces stricter procedural checks. It requires a prior inquiry and written approval from the Commissioner Inland Revenue (CIR) before any investigation is initiated. Only after the CIR's authorisation can an investigation officer — vested with the powers of an officer in charge under the Code of Criminal Procedure, 1898 — proceed with an arrest. Even then, the officer must have reasonable grounds to believe that tax fraud has occurred. If an arrest is found to be mala fide, the case will be referred to the Chief Commissioner for a fact-finding inquiry.
These new provisions mark a shift from the previous framework, where an Assistant CIR could authorise arrests. The amendments are being positioned as a move towards greater transparency and procedural fairness.
In a recent press statement, the Federal Board of Revenue (FBR) has maintained that these measures aim to strike a balance — reassuring compliant taxpayers while ensuring that tax evaders face strict legal consequences.
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