Thursday, August 25, 2016

SHADOWS UNDER GST...



     
       An AEC meeting of the AIACEGEO was held in New Delhi on 20.08.2016. A delegation of CESA-Mumbai attended the meeting.

      Apart from the AEC agenda, CESA-Mumbai urged the AIACEGEO to call for an emergency meeting, exclusively on GST to ascertain the changes in the ensuing new tax regime and safeguard the careers of the members of our Cadre. Dignity of the cadre needs to be safeguarded. AIACEGEO agreed with our concerns and proposed to hold a meeting on 10.09.2016 in New Delhi, for discussing exclusively on GST issues and another meeting on 11.09.2016 for discussing other burning issues and to chalk out a future strategy in this regard. It is also agreed to have a joint meeting of all the Cadres of Chief Office Bearers i.e. Group ‘C’, ‘B’ and ‘A’ at Mumbai on 17.09.2016.
      The process for the implementation of GST is proceeding at a fast pace. Recently, the Hon’ble Chairman of CBEC was in Mumbai for disseminating the developments in GST.  Those who attended the meeting were disheartened as nothing concrete has been projected about the role of CBEC and its employees in the new tax regime.

       It reminds one of the British parliamentarian, Lord Macaulay’s address to the British Parliament on 02.02.1835 that
  “ I have travelled across the length and breadth of India and I have not seen one person who is a beggar or who is a thief. Such wealth I have seen in this country, such high moral values, people of such calibre that I do not think we would ever conquer this country, unless we break the very backbone of this nation, which is her spiritual and cultural heritage ….”

        This was the pride this country had in the eyes of Britishers in the early 18th century. In our Department, the field officers have shown their courage and booked smugglers, tax evaders, drug peddlers, money launderers, etc. The so called big industrialists, whoever he may be, for ex. Reliance, Kingfisher, Adanis, Ruias, Bombay Dyeing, so on & so forth, but unfortunately, it is the top officials who are interested in shaking their hands and tightening ours. Our tax system, as on date, is a tried, tested & a trusted one. Wherever the police and other law enforcement agencies have failed in booking the high and mighty offenders, the officers of CBEC have acted with empty hands, without caring for their lives, have booked them. That the law is equal and no one is above or below it.

         In the ensuing GST, can anyone say and certify to the extent, that my country will be free from beggars and there will be no theft, whether it is personal or national. It pinches those who are in the highest realm, instead of guiding the huge workforce (roughly around 70,000) have chosen to remain in a silent mode without raising any concerns/issues from our side before the authorities.

         Yesterday, on 22.08.2016, DoPT has issued an OM for constitution of a task force for a comprehensive study on the cadre structure of organised Group ‘A’ Central Services. The comments and the views of the Cadre Controlling Authorities have been requested for within 15 days. The detailed OM is annexed.

         Time is too short. We have to act and react in the forthcoming scenario, what will be the status of the other cadres, i.e. Group ‘C’ & ‘B’, which forms the base cadre and are large in numbers. CESA-Mumbai appeals to everyone to introspect and act as well as fight for our rightful place in the coming new tax regime, so that in the future, no one will blame us for not reacting on a timely basis, for what we lose or gain ultimately.

 
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Friday, August 19, 2016

PARITY & PARMAR JUDGEMENT... TWO SIDES OF A COIN...


The issue of the Supreme Court judgement in the Parmar case had certain effect in Income Tax as the seniority list was revised from 1981 onwards as the applicants were of the 1981 batch. 
Thereafter we awoke. CESA-Mumbai raised the issue in Patna and Chennai AEC in 2012 & 2013 and made several representations to make similar changes in our seniority list at the Zonal level. However, cold response was received from the Apex body. CESA-Mumbai on its own requested the then Chief Commissioner, Shri V. S. Krishnan, Cadre Controlling Authority, Central Excise, Mumbai Zone-I and Shri A. K. Kaushal, Chief Commissioner, Cadre Controlling Authority, Customs, Mumbai Zone, to take up the issue with the Board for early implementation of the Parmar judgment as has been done by CBDT. On being called for Cadre Restructuring by the Ministry in Sept-2014, both the Chief Commissioners, leaving the main agenda aside, raised the issue of the implementation of the Parmar judgment and compelled the Board to issue instructions immediately. However, it did not serve the purpose and Board directed implementation from the date of decision of the Parmar judgement, i.e. from 2012.
            As the apex body did not take up the issues, CESA-Mumbai filed two applications before the Hon’ble Tribunal, Mumbai, for implementation of the Parmar judgement from 1986 & 1981. Both are pending decision, but the Board is insisting implementation from the date of the judgement.

Meanwhile, the Hon’ble Tribunal, Ernakulam, in the case of Shri. M. Chenchuraman, Preventive Officer, Kochi, vide order dated 16.11.2015 has directed the Respondents i.e. Union of India & Ors to implement the Parmar judgement from the date of initiation of process of recruitment. The Hon’ble Tribunal has relied on the decision of the Hon’ble Tribunal, Bombay bench and held that the DOPT OMs dated 07.02.1986 and 03.07.1986 had followed the rota-quota principle and the parmar judgement had extended the said benefit and directed that the direct recruits are to be inter spaced with the promotees at appropriate slots in the seniority list in reference to their recruitment year, which is the initiation of the process of recruitment.

            On the basis of the above judgement, the Hon’ble Tribunal, Madras bench in OA No. 310/01237/2016 filed by Shri P. Bharathan & 2 others v/s. UoI & Ors vide order dated 05.08.2016 has directed the Board to postpone the holding of DPC for considering the personnel in the feeder post to the post of Assistant Commissioner, Central Excise posts, based on the existing seniority list of DR Inspectors till 06.09.2016.

The seniority list are prepared in 16 Zones which is further compiled by DGHRD while preparing All India Seniority Lists (AISL) and promotions from Gr. ‘B’ to Gr. ‘A’ are accorded. In all the 16 zones, there are several zones who are ahead in their promotions as compared to others. The last promotion was issued in October-2014, thereafter no promotion orders have been issued. More than 1600 posts are lying vacant as on date. In the last order, officers of the 1985 batch of other zones were considered for promotion, whereas officers of 1984 batch of some zones are behind and in anticipation of promotions who are having 3-4 years of service.

            CESA-Mumbai through its members have also filed an application before the Hon’ble Tribunal, Bombay bench seeking parity with the officers of the same batch of other zones and an interim order has been passed to reserve the positions of the applicants interest in this regard.

Now, officers are stagnating in the same grade for more than 14 years and no promotions are in the offing as no DPCs are being held on one or the other pretext. All the promotions carried out are also on ad-hoc basis which does not entitle the officers to get regularised. The life of the 2118 temporary posts created in the Cadre Restructuring expires in 2018 and only one year and six months are left for filling up these posts.

Who knows what will happen in the GST and what will be the fate of CBEC is not known even to the custodians. CESA-Mumbai feels that the temporary posts should be filled up by holding DPC without considering the roadblocks and the orders can be made subject to the final decision in various Tribunals/Courts. It will serve the purpose of the larger interest.

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Monday, August 15, 2016

Happy Independence Day



Kurtas For The 'BIG' Family!

On the Eve of 70th Independence day CESA MUMBAI. presents from the archives as-

Children loved visiting Gandhi. A little boy who was there one day, was greatly distressed to see the way Gandhiji was dressed. Such a great man yet he doesn't even wear a shirt, thought.
"Why don't you wear a kurta, Gandhi?" the little boy couldn't help asking finally.
 "Where's the money, son?" Gandhi asked gently. "I am very poor. I can't afford a kurta."
The boy's heart was filled with pity.
"My mother sews well", he said. "She makes all my clothes. I'll ask her to sew a Kurta for you."
 "How many Kurtas can your mother make?" Gandhiji asked.
"How many do you need?" asked the boy. "She'll make as many as you want."
Gandhi thought for a moment. Then he said, "But I am not alone, son. It wouldn't be right for me to be the only one to wear a kurta." "I have a very large family, son. I have forty crore brothers and sisters" . "Till every one of them has a kurta, how can I wear one? Tell me, can your mother make kurtas for all of them? At this question the boy became very thoughtful. The whole nation was Gandhi's family, and he was the head of that family. What use would one kurta be to him?


Saturday, August 13, 2016

ORDERS OF THANE I & II


AGT Orders of both Thane-I  and Thane - II  Commissionerates were issued on 12.08.2016 (Friday) 
  Within No Time,The Divisional posting Orders where  issued at lightning speed . 

 Officers are not happy with these Divisonal Orders  The Administration shows undue haste in issuing posting Orders, containing several flaws 

Certainly The Divisional Posting Orders Dent the image of the Administrations.



Thursday, August 11, 2016

GLITTER OF GOLD...


Recently, in Hyderabad, the biggest jewellery showroom was opened by Joy Alukkas on the 30th July, 2016. It caused a heavy traffic jam on the Rajbhavan Road, as the showroom was inaugurated by the Home Minister of Telengana State in the presence of CMD of the Joy Alukkas group. “Alukkas” is a popular brand in Kerala, which was started in 1960, by the father of Joy Alukkas, Shri A. J. Varghese, in Thrissur, the cultural capital of Kerala. Now, they are having their business interests in gold and real-estate in Dubai. 
In 2005, they had the biggest show room in T. Nagar, Chennai and now in Mumbai they have show rooms at Mulund, Vashi and Bandra. In 2002 they had 5 shops in Kerala and presently in South around 50 show rooms and more than 65 show rooms all over India. They are in the gold business since 1960.
They have inaugurated the showroom with an advertisement, wherein it is mentioned that each customer will get a chance to win the biggest name in luxury cars, 2 Mercedes Benz and a lot more other exciting prizes. The said owners are not actual manufacturers of gold & diamond jewellery, but, rather a procurer of gold and engaged in the sale of jewellery.
India is known as the highest producer of rice, but also a place where maximum ‘farmer suicides’ are happening. The procurer of grains or such traders never launched such type of scheme/s for luring their customers by offering a mercedez benz or for that matter, even a bicycle !!
While passing the GST bill Hon’ble Prime Minister emphasized that terrorism in the taxation will be stopped. Like Joy Alukkas, there are several mega jewellery brands having their mega showrooms all over India. The actual mining & production of gold in India is very small, which is a well known fact. We depend on the large-scale import of gold, either legally or illegally, for satiating this gold-craze.
In the early days, landings (gold smuggling) used to take place in the coastal areas and seizures were effected by various agencies. After the passage of time, gold has started coming through the air-route, through various airports like Kochi, Chennai, Trivandrum, Hyderabad, Kolkatta, Calicut, Mumbai etc.. Comparatively where is the seizure? The route from Nepal and Bangladesh is no more a viable conduit. The operators from high seas prefer their ‘poppats’ (carriers) through air as it is faster for landing as well as their delivery at the destination.
Recently a seizure was effected by DRI, Mumbai at Igatpuri railway station, in a Mumbai bound train from Kolkatta. The quantity of the gold so smuggled was about 12kg. which was recovered from two carriers, who have confessed that they have delivered about 700 kgs of gold in the same manner, during the last one and half years. There may be several syndicates running such carriers and this needs an open introspection that when seizures are being made at Railway Stations and from various other places, apart from the several Airports, which appears to be giving a smooth passage to syndicates to run their nefarious activities.  
Our administration appears to be very happy with a image make-over, (based on complaints) rather than to implement the existing Rules, strictly without any discrimination and favour.
The great astronaut Mr. Neil Armstrong and his 2 other colleagues, when they returned from the moon, on 24th July,1969 in Apollo-11 had to go through Customs and submit a declaration that they had brought from moon, samples of moon-rocks and dust, and the same was countersigned by the then Customs Inspector, to complete the formality. The said piece of paper is in circulation as evidence and a proud moment which the entire world appreciates. This is called the Rule of law exactly.
But in our country, especially at the International airports, are we strictly adhering or following the Law or are we there only for facilitation and/or salutation...
The attraction of gold in our country is ever increasing but due to the loose manner in the implementation of law, the smuggler not only gets away scot free but is also emboldened to run their syndicates in a mega manner. People are starving in our country and there are several projects of the Government that are held-up due to the financial crunch. But those who are in the business of gold are prospering many-fold.
Time has come to book these offenders whose actions are profusely bleeding our beloved Bharat Mata.
In earlier days, when there were limited resources and mechanisms, but action on the information/intelligence received was well thought-out to carry out numerous seizures. Now we are more advanced as compared to the earlier days, having the latest mechanisms & equipment, as well as several dedicated young officers who are ready to face any eventualities while carrying out their duties to enforce the Law, but our seniors should support them instead of tying their hands behind them with Conduct Rules, Sevottam, CPGRAMS, RTI etc. 

So what should be done… 

a) officers should be allowed to carry out their duties of implementing the existing laws & regulations, in a responsible manner and should not be linked to the receipt of complaints.
b)   The functioning of Customs at smaller airports,likepune,manglore Ahmadabat etc should also be tightened and there should not be any laxity in the implementation of Customs law. 

c) No officer is indispensible, continuing in the same formation / cell is only to provide comfort levels to the superiors and nothing else.   
d)   All the officers, posted to anti-smuggling agencies like DRI, M&P, ED, etc., on deputation, and who have completed more than a decade in these organizations, should be repatriated and fresh young officers are to be inducted in their place, so that the organization is  strengthened and made more effective.

    Thousands are dying in cancer due to tobacco but we cannot ban. But here who prevents to tighten the noose who are indulging day and night in draining out the exchequer. 
   
    When legendary Mr. Dayashankar was on duty it was cautioned at the Singapore Airport that Mr. DS is on duty. Where our Administration has failed to produce such type of Officer who is not only loyal dedicated but also tough in all the situations to prevail the law with a clear message that no one is above Law. 

   Hope the Administration is as active in listening to passenger complaints as to its officers...

   This article is dedicated to our beloved Dayashankar Sir, whose's Death Anniversary is tomorrow. His actions, contributions, style of developing intelligence will remain alive ever in the minds of the officers of the Department. 

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