Friday, October 21, 2016



Two petitions have been filed by officers of Mumbai Zone in Hon’ble Tribunal, Mumbai Bench seeking implementation of the directions of the Hon’ble Supreme Court in the case of N. R. Parmar & Ors. One of the petition is for implementing the same from 1981 onwards and the second from 1986 onwards. Both the petitions are pending before the Hon’ble Tribunal for hearing. After much hue and cry and subsequent stay granted by the Hon’ble Tribunal in Chennai in a petition filed by the officer of Chennai zone, the Board has vide letter 14.10.2016 has asked all the Cadre Controlling Authorities to confirm that the Seniority of DR and Promotees are revised in the same manner as interpreted by the Hon’ble Supreme Court in the case of N. R. Parmar & Ors V/s. UOI & Ors.  A report has been called for before 30.11.2016.

            Thereafter, a commotion has been started across the country, but reality is something else which needs a clear cut instruction from the Board categorically so that a fair Seniority List across all the zones can be prepared as well as incorporated in the AISL. The relevant OM is 1959 and subsequent OM is of 1986. Rota-quota system was from 1959, which was reversed by the various decisions of the Hon’ble Supreme Court by OM issued in 1986. Now, in CBDT and in Customs, revision of Seniority List was carried out. We in Excise are far behind as far as promotions are concerned, but our counterparts in CBDT and in Customs are far ahead. After their revision, we wakeup, but are still drowsy & unclear as to how to implement the same. Now, when mass scale promotions are expected, all have become active in this regard.

            In Oct-2014, promotions were carried out from Group ‘B’ to Group ‘A’, where officers of 1983 batch were covered. Now officers of 1984 batch onwards are expecting their promotions. In all our 16 zones, the Seniority Lists is not uniform. Neither the Associations nor the Board has shown any interest to have a uniform Seniority List without any infirmity.  In Kolkatta Zone, officers of 1984 batch have taken advantage of Parmar judgement and in Jaipur the officers have been granted notional promotions and Seniority have been revised.

            On examination of the recent letter of the Board dated 14.10.2016, it is seen that the Board has in casual manner directed the CCAs to implement the decision of the Hon’ble Supreme Court without giving any directions as to from which year the revisions are to be carried out and left it to the discretion of the CCAs, which will again result in confusion and unfairness and lack of uniformity. The Board was required to specify a year as to from which year the Seniority was to revised so that uniformity could be maintained, but the same has not been done. Presently, the AISL is being maintained by DGHRD and not by the Board.

             Going through the said directions, CESA Mumbai feels that the Seniority List is to be revised from 1981 onwards (as the Direct recruitment started from SSC from 1981 onwards ) as was done by CBDT.  Further, as the Board has in principle agreed to implement the Parmar Judgement, the officers will get the benefit from the date of Vaccancy, as shown in the advertisement, which means that the officers is entitled for financial benefit as well as ACP/ MACP as granted to Group ‘A’ officers.


           Chances of holding DPC on 25th is bleak as there is neither any petition filed in Chennai Bench by the Administration of Chennai (for advancing the hearing date) nor any application filed for vacation of stay. As observed by the Chennai Court no reply from the Board is filed till date. Additional Solicitor General (Chennai)  is insisting for a reply as well as the latest instruction on the implementation of Parmar Judgement. No Bench is available on Saturday & Sunday. ASG is not available in Chennai on Monday & Tuesday i.e. 24th & 25th.  From 28th Oct. onwards up to 11th Nov., 2016, the bench will be closed due to vacation and the last week of the October, majority of the staff will be on leave due to Diwali vacation. Further, It is also learnt that the vigilance clearance and penalty statement in respect of eligible officers from one of the CCAs of the North Zone has not been received by DGHRD.


Tuesday, October 18, 2016


All eyes are fixed on today’s GST Council meeting. In the last meeting two states have raised the issue over Centralized Administrative control over the Service tax. All the issues have to be resolved in the ongoing three days GST Council meeting so that it can be placed before the Winter Session of Parliament.
All states are busy in projection of loss and compensation and safeguarding their interests. Definitely the current meeting of GST Council will be a mile stone in the History of Tax Regime if all the hurdles are cleared and issues resolved for rolling out GST as per schedule from next Fiscal year.
CESA Mumbai hopes that due to our concerted efforts and goodwill we will be able to control the situation and the base.
There are 300+ Assessees registered with 5 Large Tax Payer Unit all over the country. Delhi, Kolkata Administration is of the opinion that LTU should not be in their Administrative Control and on 14.10.2016 Chennai also expressed that LTU should not be there. However, Mumbai and Bangalore have favoured for LTU. We have requested that the Concept of LTU is not fitting in the LTU and hence it should be abolished for proper administrative control over the units and the trade will also not have any difficulty now.
The members of the steering Committee will meet shortly after Diwali, in the first week of November and will deliberate on structural and HR related issues.


After the Planning Commission, yet another UPA government relic is set to fall. Large Taxpayers Units (LTUs) scheme, a dream project of the UPA government, is set to be abolished with the introduction of Goods and Service Tax (GST).
CBEC documents on structural changes under GST, accessed by DNA Money, show that the single winker tax facilitator for large taxpayers, would be abolished a decade after it was form3e in 2006.
Some experts believe that LTUs failed to fulfill the expectation of large taxpayers. T.R. Rustagi, former joint secretary of ministry of finance said, "LTU was not a great success.  It would die its natural death with introduction of GST.
Some tax experts and former bureaucrats, however, supported the relevance of LTUs in GST regime. Sumit Dutt Majumdar, former chairman of Central Board of Excise and Customs (CBEC), said, “We must not abandon LTUs, Rather, we should extend the concept to STUs (Small Taxpayers Units) in the GST regime. And, as mentioned, it can have CGST and SGST authorities and income tax authorities as its constituents.
In the 2005-06 Budget speech, the then finance  Minister P Chidambaram said, “ As a measure of facilitation, I propose to follow international practice and establish LTUs. To begin with, these units will be set up in major cities. I would like to invite large taxpayers, whether of corporate tax or excise duties or service tax, to participate in the programme and avail of the single widow service.
However, LTUs could not give desired results on the ground. In January 2016, IT group Nascom raised administrative and operational difficulties in LTUs, suggesting their dismantling.
The American Chambers of Commerce in India too strongly reacted against credit transfer issue in LTUs.
                                                                       In Nos
          GST Zones                                             24
          Large Taxpayers' Units                         0
          GST Commissionerates                    107
          GST Audit Commissionerates           53
          GST Commissioner (Appeal)             53     
          GST Divisions                                     535

  --  Curtesy sources

Saturday, October 15, 2016


The Meeting with Board officials started on time. Hon’ble Member (P&V) apprised and removed all the apprehensions about reduction in staff at any level, and that Service Tax will remain in the domain of the centre and accordingly, the structure of the organization is in the process of being redesigned, so that all the staff can be placed without any displacements. The domain of the base will be expanded, so that in future there will be demand for staff according to the growth.
The delegates thanked the officials for the invitation in response to the Steering Committee communications as well as the proposed agitation programme. They all appealed that the concern and voice of the employees are being considered positively by the Administration. Hence, they assured that no one should worry and should not have any apprehensions. The unity of the CBEC is being felt and acknowledged and therefore it was appealed not to aggravate or precipitate the present mood of Administration which is conducive and caring towards its own employees. Therefore, it was appealed not to go in for agitation when the Administration is open and ready to resolve all the issues.

During the meeting with the Board officials, it was appealed to fill all the vacant posts, to which they readily agreed and it was assured that all the posts on promotions at respective zonal levels as well as at Board level will be done at the earliest.

As regards to the structure, it was urged that they should co-ordinate with the Chief Commissioners, with their proposals or submit independent proposal/s based on facts and figures, which will be studied with due care

As the outcome of the meeting was positive, it was unanimously agreed to defer the agitation programme and it was decided that during the lunch hours, the news of the deferment will be conveyed to all the employees in view of the positive developments. We welcome GST and it is our intention, as employees of the CBEC, to strengthen the hands of FM for a strong centre.

Snaps of the staff of Mumbai CX Zone-I being apprised about the positive developments and the deferring of the agitation programme is attached below...


Friday, October 14, 2016

Critism of GSTN

The Centre has warned its  employees that they could invite penal action if it is found that they are indulging  in criticism of its policies and actions. This presage came from the Union Finance Ministry amid a sustained campaign by the Indian Revenue Service (Customs and Central Excise) and All India Association of Central Excise Gazetted Executive Officers, for changes in Goods and Services Tax Network (GSTN), a private company tasked with creating Information Technology (IT) infrastructure and composition of GST council secretariat for new tax regime.
“Of late, it has been noticed that some associations or federations have commented adversely on the government and its policies. It may be brought to the notice of all associations or federations that if anyone indulges in criticism of the government and its policies, appropriate action (including disciplinary action) shall be taken,” a memo  issued recently by Finance Ministry said.
It cited service rules tinkered in June, covering the social media as well, that bar a government servant from making any adverse criticism of any policy or action of the government.
The Ministry said the primary objective of service associations is to promote common service interest of its members. The service rules were amended in June making it clear that disapproval of government policies on social media also amounted to violation of conduct rules. And the threat of disciplinary action extends to caricatures that are uncharitable to the government.
Earlier rule book spoke about criticism made in a radio broadcast, public media (such as a television ) or documents . It will be applicable to anonymous and pseudonymous posts by officials too.
The recent memo of the Finance Ministry capped weeks of unrest among officers and cadre of the Excise and Revenue Department officials over a number of issued related to roll out of the GST regime.
The central government holds 24.5 per cent stake in GSTN, while state governments together hold another 24.5 per cent. The balance 51 per cent equity is with non-government financial institutions, like HDFC Bank, ICICI Bank and LIC Housing Finance.
--  Courtesy Hindu

Thursday, October 13, 2016


The meeting with Member(P&V), today the 13-Oct-2016, concluded on a positive note, on all issues. 

As appealed, the 14-Oct agitation programme has been deferred.

Members may kindly be apprised accordingly.


Monday, October 10, 2016

Rainbow of the CBEC

सर्वे भवन्तु सुखिनः सर्वे सन्तु निरामयाः।
सर्वे भद्राणि पश्यन्तु मा कश्चिद्दुःखभाग्भवेत्।

F.T.S. No.283269/2016/Dir.Ad.II A & B
Government of India
Ministry of Finance
Department of Revenue
Central Board of Excise & Customs
North Block,
New Delhi, the 10th October, 2016
1.  IRS (IDT) Officers’ Association
2.  All India Association of Central Ex. Gazetted Executive Officers.
3.  All India Appraising Officers’ Federation.
4.  All India Central Excise Inspectors’ Association.
5.  All India Central Ex. & Ser. Tax Ministerial Officers’ Association.
6.  All India Central Ex. & Customs Gr. C Drivers’ Federation.
7.  All India Central Excise & Customs (Gr. C Non-Ministerial) Officers’ Association.
Subject:       Meeting with Steering Committee of Associations in CBEC on GST.
          Reference Steering Committee of Associations in CBEC on GST representation dated 1st October, 2016.
2.       It has been decided to convene a meeting with Steering Committee of Associations in CBEC on GST on 13th October, 2016 under the Chairpersonship of Member (Admn.), CEBC. You are, accordingly, requested to make it convenient to attend the meeting on 13th October, 2016 at 04.00 PM under the Chairpersonship of Member (Admn.), CEBC, in her chamber.
Yours faithfully,
(A.K. Qasim)
Director (Ad.II A&B)
Ph. No.011-23095530

Ref : CESA/30/2016

Date :10.10.2016
The Chief Commissioner,
Central Excise Mumbai Zone – I, II & Service Tax,

Sub: - Call of Agitation as given by the All India Association of Central Excise Executive Gazetted Executive Officers’

            The CESA Mumbai has received an Agitation Call as given by the All India Association of Central Excise Executive Gazetted Executive Officers’ (AIACEEGEO). CESA Mumbai is one of the units of the AIACEEGEO and hence its members are abide by the call given by the All India Body the AIACEEGEO. This to further inform that the AIACEEGEO and its units are part of the Steering Committee formed by all the Associations in CBEC, to present the issues arising out of vital decisions taken by the Government in consultation with the CBEC, but its constituents are been left alone and kept in dark about the changes likely to be effected due to rolling out of GST.
            Though the motto of Govt. One Nation One Tax and we appreciate but the approach is no where suite to the Motto within the CBEC as 80% of its constituents have not been taken into confidence while making policies whether it is Cadre Restructuring or Rolling out GST. This approach has caused a lot of resentment amongst all the staff in CBEC and has coerced all the Association to join together to suppress this kind of attitude and to press the very genuine demands and issues arising due to changes so far made or are in pipe line.
            In the above back drop the call of agitation given by the AIACEEGEO along with Steering Committee of All Association in CBEC to draw attention of the Govt and CBEC, and being the unit of AIACEEGEO, and part of Steering Committee, the members of CESA posted all over in the Mumbai will join the call on 14.10.2016 and its further programme as mentioned in the enclosed letter. Please find enclosed herewith the copy of the letter addressed by AIACEEGEO and the Steering Committee is enclosed herewith for kind information please.
Yours sincerely,
General Secretary