Thursday, August 29, 2013

CADRE RESTRUCTING OF CBEC & ITS PRESENT POSITION.

 

T he Central Board of Excise and Customs submitted initially a proposal for creation of around 3900 nos. of Gr-A posts. The DOPT with discussions with the then FM reduced the proposals to around 2500 nos of Gr-A posts.  Most of the staff Associations ( except AIACEGEO) were not interested on such increase of Gr-A posts for the simple ground that CR is for IRS officers only. However The All India Association of Central Excise Gazetted Executive Officers (AIACEGEO) started  agitations and put pressure for creation of more nos. of Gr-A posts in course of the ensuing CR. Due to such pressure and agitation, FM agreed to create around 3400 nos. of Group -A posts . Finally the Committee of Secretaries headed by Cabinet Secretary have cleared for creation of  3360 nos. of Gr-A posts in CBEC on 27.08.13. The proposal now will be placed before next meeting of Cabinet for approval. Thanks to leaders of AIACEGEO who took initiative for increase of such Gr-A posts. The break up of such 3360 nos. posts are furnished below:
Apex-14, HAG+ 38. HAG- 100, SAG- 340, STS/JTS- 2868 ( 500 regular, 250 LR, 2118 temporary)
But in several websites, a wrong figure of 2610 nos. has been shown to create confusions amongst staffs.  Out of these 3360 nos. new Gr-A posts, only 150 nos. may be allotted for direct recruitment and the rest 3110 plus the entire existing vacant posts may be allotted to promotees.   

Saturday, August 24, 2013

APPEAL TO FILE A CASE IN APEX COURT FOR ENHANCEMENT OF RETIREMENT AGE FROM 60 TO 62 YEARS.

Putting to rest any speculation that the Centre might raise the retirement age of its staff, Minister of State for Personnel, Public Grievances and Pensions V Narayanasamy said on Thursday that there was no such proposal on the anvil.   Narayasansamy was quoted by reports as saying, “There is no proposal to raise retirement age of central govt employees to 62 years.” The news will be a great disappointment to the employees who were expecting hike in retirement age. There are about 50 lakh central government employees working in various departments including the Railways across the country. Sources in the Ministry had earlier said raising retirement age requires a detailed consultation with all stake holders and discussion with the Finance Ministry. Without the Finance Ministry's nod, the matter cannot be processed, they said. The retirement age for a majority of central government employees is 60 years. However, the age for retirement in case of teachers and scientists is 62 years. Chhattisgarh government has recently increased the age of retirement to 62 years from 60 for its employees. This was followed by the Delhi State Government which extended the services of retiring officials by two years. The Centre had in 1998 raised the retirement age of central government employees( including teachers and scientists) to 60 from 58 years. Now govt can not provide two different treatments to its employees. Teachers and scintists are also govt employees hence like the 98, it is required to increase the retirement age of all employees to 62 years. A copyof the decision of Apex Court was already posted  in the wall of this group, wherein it has been held that govt. Can not privide two different treatements to its employees so far is retirement age is concerned.. Hence now  it is required to file a case in Apex Court for issue of direction to treat all employees at par with teachers and scientists.  This is not an issue of old vrs. Young, but this is  an issue  to provide equal treatment to all central Govt. Employees.

Friday, August 16, 2013

MEETING OF COMMITTEE OF SECRETARIES.



Dear friends,
Namaste.
It is being listened that the Cadre Review Committee/Committee of Secretaries meeting is going to be held on 27.08.13. As per information gathered, the notices have been issued to all of members  on 14.08.13 for the meeting. It seems that the proposal would go through as cleared by the FM on 12.04.13, if our CBEC don't compromise anything in the interest of the IRS. In the case of any compromise by killing our interest, we all have to be well prepared for strong programmes not only for it but also for the most important issue of parity with common entry counterparts.
If they can bring the common entry group 'A' officers at par, there should be no problem to bring common entry group 'B' officers at par. It, however, will depend how much stronger programmes we observe throughout the country with completeness & effectiveness. This parity may be in the form of functional promotions, notional promotions, promotions by creating supernumerary posts, in situ promotions or at last even by Non Functional upgradation. It's very clear that our officer should also retire in a grade pay of Rs. 10000/-, if his/her common entry counterpart in any of department/Ministry is retiring in the said grade pay. 
Love,

RAVI MALIK - SG /AIACEGEO

My Photo


CAT as well as the Madras high court rules that Government employees can't avoid transfers. The ruling states that "a government servant holding a transferable post has no vested right to remain posted at a particular place".The division bench of the court comprising Justice R Banumathi and Justice TS Sivagnanam was passing orders on a petition filed by PR Anand Kumar, an army engineer who entered the Military Engineering Services as surveyor assistant in 1985. The post was re-designated as junior engineer. Anand was transferred from Chennai to Visakhapatnam on November 8, 2011. Anand had made a request to the army to be retained in Chennai which was rejected. Anand then approached the CAT. Citing paragraph 36(b)(c) of the transfer guidelines, the CAT said he ought not to have been transferred in the middle of an academic year. It asked the authorities to pass fresh orders if necessary.The initial order was withdrawn owing to CAT ruling. But  he was transferred to Hyderabad by an order dated February 10, 2012. He again rushed to CAT, which dismissed his application this time. He then moved the high court. Rejecting his petition, the judges said: "The scope of judicial review of orders of transfer is well settled. The high court, while exercising its jurisdiction under Article 226, is not expected to go into the question as to whether the transfer was for public service, as it would essentially require factual adjudication and depend upon the peculiar facts and circumstances of the case.""Therefore, unless an order of transfer is shown to be an outcome of mala fide exercise or stated to be in violation of statutory provisions, the courts or the tribunals normally cannot interfere with such orders as a matter of routine," they said.Though the guidelines deal with time of transfer and state that care will be taken to avoid transfers during the middle of the academic year, exceptions are available to meet requirements, the judges said. Transfers on administrative grounds may be ordered giving the employee less time, they said. "There is no challenge to the order of transfer on the ground of any malafide exercise of power or that the order of transfer was passed by an incompetent authority or it violated any statutory rule," they said of Kumar's case.


CAT 2013 registration


Wednesday, August 14, 2013

67th Independence Day of India

 

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The celebration of the 67th Independence Day of India marks the commemoration of 66 years of India as an independent nation. Independence Day evokes the feeling of patriotism in the heart of every Indian. 15th August is a day when we rejoice in our freedom and pay homage to those who laid down their lives for us.
Hon'ble President Shri Pranab Mukherjee will Address to the Nation' on the eve of Independence Day on August 14, 2013 at 7:00 PM (IST). . On 15th August, 2013, Hon'ble Prime Minister of India, Dr. Manmohan Singh will unfurl the tricolor from the Red Fort in Delhi. This will be followed by the PM's address and a colourful Parade by the Defence & Paramilitary forces and school children. You can also watch the live webcast of the 67th Independence Day celebrations hosted at the Red Fort.

Jai Hind...
 

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Setting up of Tax Administration Reform Commission

The Union Cabinet today approved the proposal for setting up of the Tax Administration Reform Commission (TARC).
The Commission will consist of a Chairman, two full time members and four part-time members, of which at least two part-time members will be from the private sector. The Chairman will be an eminent person having wide experience of tax administration and policy making. Full-time members of the Commission will be one member each with a background in revenue service pertaining to Income Tax and Central Excise and Customs respectively. The term of the Commission will be 18 months.
The Commission will review the application of tax policies and tax laws in India in the context of global best practices and recommend measures to strengthen the capacity of the tax system in India that would reflect best global practices. The Commission will help in removing ambiguity in application of tax policy and tax laws, thereby establishing a stable tax regime and a non-adversarial tax administration. The Commission will facilitate an efficient tax administrative system that would enhance the tax base as well as tax payer base.
Background :
In his Budget Speech 2013-14 in Parliament on 28.02.2013, the Finance Minister had announced :-
“An emerging economy must have a tax system that reflects best global practices. I propose to set up a Tax Administration Reform Commission to review the application of tax policies and tax laws and submit periodic reports that can be implemented to strengthen the capacity of our tax system.”

Tuesday, August 13, 2013

Functioning in Service Tax Commissionerates in Zone – I – reg.

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Central Excise Superintendents’Association Mumbai
Unit of AIACEGEO

(Recognized under F. No. B-12017/10/206-Ad-IV A dtd. 21-01-2008).

   V.A. Kolhatkar, President                 A.K. Sasmal-General Secretary
____________________________________________________________________________________________

Mumbai I,  II,  III, V,  Thane I, II, Belapur, Raigad, Customs Prev,, Service Tax – I & II Comm’te& L.T.U. Mumbai.
 

Ref : CESA/44/2013
Dtd.: 12.08.2013

Shri. V. Krishnan,
Hon’ble Chief Commissioner,
Central Excise, Zone – I,
Mumbai.

Respected Sir

          Sub: Functioning in Service Tax Commissionerates in Zone – I – reg.


          Apart from the inadequate and poor infrastructure problems faced by the staff, the issues causing difficulties in administering service tax law are being brought to the notice of the Administration time and again. Amongst these, many require a long term solution. However, some issues are to be resolved instantly as it is necessary to discharge the duties properly and also to ensure hassle free administration.

          CESA Mumbai submits the following issues which needs immediate attention of the Authorities in Service Tax administration and your goodself also:

1.   Providing I-Cards: It is brought to our notice that officers while going for survey, in field assessee are asking to show the identity. In Mumbai
Zone – I officers in Service tax are posted against the sanctioned strength as well as on loan basis. But no I –Card of service tax is issued to them. The I-cards are issued as of now according to Commissionerate posting. This causes confusion/doubts in the minds of assessee and embarrassing situation for officers.  All the officers in Service Tax to be
provided I-Cards immediately
.

2.  Conveyance and other allowance for Survey and other field work: Service Tax officers are sent outside for field work like Survey, Audit and Anti Evasion operations etc. Further, they are instructed to personally deliver the letters issued under Section 87(b) to the Financial Institutions and also collect data, for which no vehicle is provided or travel allowance is paid to the officers in Service Tax formation anywhere to meet such expenses. In other words, by not providing vehicles and other incidental expenses or keeping funds for the same with Service Tax formation is an passive way of encouraging and giving scope for corruption by way of dependency on the tax payers for such necessity. This needs to be stopped forthwith and steps to make the funds available to meet urgent petty  expenses and vehicles/ TA DA allowance/Conveyance allowance be given to the officers posted in service tax This is necessary for refurbishing the image of the department and to motivate the staff by making them feel dignified while discharging their duty.




3.   Freezing of Accounts of the Tax payers as a measure to realize the Govt. dues:  The Chief Commissioner  vide letter dated 06.02.2013, had directed in clear terms that the freezing the accounts of the assessee has to be done by the officers not below the rank of Assistant/Deputy Commissioner. Besides, It also emphasized that the orders to be issued only in writing as per the Rule. However, it is brought to our notice that the Authorities are hesitating to implement it and directing verbally to their subordinate officers to issue letters for freezing of Bank Accounts. Kindly ensure that the above directions of Chief Commissioner are complied with in letter and spirit in the interest of revenue as the Asstt /Deputy Commissioners are the proper and authorized officers in the matter.

4.   Vehicles for preventive and Audit: At present there are no vehicles provided to Audit and Anti evasion teams for their official work, during visit as stated above. The Officers posted in Audit and Anti Evasion for both the Commissionerates are placed far away from the HQ, and their area of operation is very vast. The performance of both the sections are commendable and if proper infrastructure and vehicle is provided the officers can excel further which will definitely enhance the performance and also boost their morale. Hence it is requested that vehicle should be provided to each of these sections for official use under 1% incremental grant.

5.   Attendance in office on Saturday/Sunday/Holidays: We regret to bring to your kind notice that despite directions from your good office, circulated vide letter dated 06.02.2013, the same are not being implemented and it remains only on a piece of paper.  Kindly ensure that instructions given by your office are complied with.  The manpower of the sections should be increased instead of squeezing the existing staff by pressurizing to work day and night.  If any exigency demands then the Head of the Office may issue an Office Order and staff may be called accordingly and they may be suitably compensated by grant of CCL.

Sir, as the above issues do not require any major expenditure / sanction /approval from any higher office, directions are already issued, only it needs to be implemented and properly monitored.  We hope yours goodself will kindly intervene and resolve all the above issues which will definitely boost the disgruntled stagnated staff. 

Thanking you.
Yours sincerely
A.K. Sasmal
General Secretary

Copy to:

1.    Hon’ble Commissioner, Service Tax – I, Mumbai. For kind information & necessary action.

2.    Hon’ble Commissioner, Service Tax – II, Mumbai. For kind information & necessary action.
 
  

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Proposal for conversion of two Central Excise Commissionerates into Service Tax Commissionerates



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Central Excise Superintendents’Association Mumbai
Unit of AIACEGEO

(Recognized under F. No. B-12017/10/206-Ad-IV A dtd. 21-01-2008).

   V.A. Kolhatkar, President                 A.K. Sasmal-General Secretary

____________________________________________________________________________________________

Mumbai I,  II,  III, V,  Thane I, II, Belapur, Raigad, Customs Prev,, Service Tax – I & II Comm’te& L.T.U. Mumbai.
 


Ref : CESA/43/2013
Dtd.: 12.08.2013


Shri Sumit Bose,
Hon’ble Revenue Secretary,
Ministry of Finance,
North Block, New Delhi.

Ms. Praveen Mahajan,
Hon’ble Chairperson,
CBEC, Ministry of Finance,
North Block, New Delhi.

Sub:    Proposal for conversion of two Central Excise Commissionerates into Service Tax Commissionerates – reg

Ref: Letter F. No. 137/38/2006 – Service Tax (Part – I) dated 22.07.2013 of Shri Rajeev Yadav, Director Service Tax.

         Letter F. No. I/12 – 02/Admn.CCO/MCX – I/2013 dated 25.04.2013 of CC Mumbai, Central Excise Zone – I.


Respected Sir/Madam,


CESA Mumbai, vide its various representations apprised you about the working conditions in Service Tax Commissionerates in Mumbai since its inception. It is disheartening to note that the work and Administration of Service Tax is still functioning on adhocism mode despite the fact that now almost every service is covered under Service Tax net resulting in increase of the Assessees manifold. It is a matter of concern that we are still working on the resources made available to Excise formation. Not a single premises is hired or constructed to accommodate the Service Tax Commissionerates. Even the staff strength is not sanctioned appropriately commensurating the work load in Mumbai. The impact of this can be visualized by the Tax evasion cases made by other agencies in Service Tax.


2.       The officers are posted in Service Tax by diverting and disrupting the Central Excise formation’s work in field, including Audit, specially in Zone – I, which has not only created work stress but also strong resentment and frustration, the sign of which can be seen from the untimely deaths and health problems. Besides, due to frustration and lack of future in career progression VRS route is adopted by officers.

3.       It is learnt from the above referred letters, that a proposal for conversion of two Central Excise Commissionerates, viz. Mumbai III & V into Service Tax vide letter F. No. 137/38/2006 – Service Tax (part – I) dated 22.07.2013 Board has 



considered the proposal of conversion of Mumbai – III Commissionerate of

Zone – II into Service Tax- III Commissionerate Mumbai and asked for various details and modalities to re-organize the Service Tax jurisdiction in Mumbai.

4.       In light of above back ground CESA submits the following for your kind consideration while considering the proposal for approval:

A.  This is known fact that restructuring proposal after getting final approval from Finance Minister is already under active consideration and is pending for clearance from cabinet.

B.  In the said proposal, in Mumbai, there is already a proposal for 8 Commissionerates of Central Excise and 7 Service Tax Commissionerates by the Study Group. Though we don’t agree with the same as in Mumbai there is potential for growth in Service Tax as the data for CR proposal was furnished five years back. There is need of more Commissionerates of Central Excise as well as Service Tax than the number of Commissionerates proposed in the earlier CR proposal. Considering the pace of growth in Service Tax sector, there is scope of further increase of the assessee base, thereby necessiting increase in Service tax Commissionerates.

C.  As on date there are 8 Central Excise Commissionerates and 2 Service Tax Commissionerates, which is as per the old Cadre Restructuring proposal itself and there is no scope for the conversion of any Central Excise Commissionerate.

D.  Considering the growth of Service Tax after introduction of negative list concept, we need more Service Tax Commissionerates than the 7 Commissionerates proposed few years back in the Cadre Restructuring proposal.

E.  As pointed above the approach of Department in respect of collection and Administration of Service Tax is totally ad-hoc even after 20 years approx.

F.  In Raigad Commissionerate of Zone-II, a separate section has been created to look after the Service Tax, though the number of assessee is more than 7000 and the Revenue is about 630 Crs in 2012. This section is functioning on ad-hoc basis as there is no sanctioned strength of staff, the existing Assistant Commissioner/Deputy Commissioner are holding additional charge.

G.  Raigad Commissionerate also functions as a Maritime Commissionerate. However, no strength of staff is sanctioned even after a lapse of considerable time. As of now the functioning of Maritime Commissionerate is by squeezing staff from the already short strength of Raigad Commissionerate. Similar is the case with the Maritime Commissionerate of Mumbai-III Commissionerate.

H.  In fact there should have been norms about creation of Groups/Division/ Commissionerate in respect of Service Tax as the Service Tax sector is ever growing in Mumbai. We still remember that earlier such norms did exist in Central Excise and the number of assessee was the basis. Even in Income tax, the other wing of Revenue Department also have similar norms and accordingly ask for infrastructure and staff creation of new wards.





I.     Apart from this frequent dislocation of Central Excise by conversion/ merger etc and again new creation in CADRE RESTRUCTURING will hamper the working and may not be proper to do so as the Central Excise Commissionerates in Zone-I are being crippled with skeleton staff provided as of now and majority staff either on regular or on loan basis engaged in Service Tax only.

J.   Besides, the move to abolish the Commissionerate of Central Excise is anti staff, because the stagnation in all the cadres is alarming.

K.  Further, this will give a wrong signal in the field formation and demoralize the field staff that the Cadre Restructuring is likely to be delayed for which a temporary arrangement is being made, in the name of creation and abolition.

L.  Proposal may be made for recruitment for more staff in all the cadres by ascertaining the present workload as well as expected growth in future.

In view of the above CESA Mumbai Suggest:

a.   All existing 8 Central Excise Commissionerates be retained and status quo be maintained and creation of Commissionerate in piecemeal manner be avoided.

b.   Mumbai – III Commissionerate is also a Maritime Commissionerate hence its conversion into Service tax is also not a viable proposal from the trade point of view.

c.   At least sufficient Service Tax Commissionerates be created with more groups and a cap of number of assessee to be handled by Groups/Divisions/Commissionerate.

d.  Diversion of staff on loan to any formation be done away and for every increase in work load as per norms staff and all infrastructure be provided.

e.   Kindly make proposal with foresight on long term basis for field formations as well as the Trade.

f.    Kindly give up the practice of adhocism as it is not in the interest of either trade or revenue or staff existing in the department.

g.   CC, Zone – I vide his order dated 15.07.2013, to strengthen the Service Tax Administration has reduced 6 Groups each from
Mumbai –I/V/Thane – I/II and diverted 29 Superintendents and 29 Inspectors to Service Tax – I/II. If the Central Excise Audit can be managed as considered by the Head of the Zone I, then,  to maintain the uniformity and to spare staff on loan / temporary basis similar criteria may be adopted in Mumbai  Zone – II.  In Mumbai – II Central Excise, there are 14 Superintendents and 12 Inspectors and in Mumbai – III there are 23 Superintendents and 16 Inspectors, in HQ Audit.  The Audit Groups in Central Excise Zone II be reduced and the staff may be diverted to Service Tax to cater the work. 

h.   In Central Excise Staff is apportioned to M&P from the Commissionerate of both the Zones.  Earlier sanctioned strength of the Superintendents was 90 and Inspectors was 155.  In 2005, when


i.    independent Service Tax – I came into existence 26 Superintendents were withdrawn from M & P and their strength remained 64.  The staff of Excise provided to M & P Wing of Customs Preventive Commissionerate not to R & I Division.  However, the staff of Excise are misutilised and 9 Superintendents and 19 Inspectors are posted to R & I Division as well as in CC Unit.  As Service Tax needs more staff, 9 Superintendents and 19 Inspectors be withdrawn immediately and diverted to Service Tax Commissionerate. CESA has already proposed to reduce the strength of M & P from Central Excise side which may be considered and staff strength so reduced may also be diverted to Service Tax Commissioenrates.

Lastly the said attempt of abolition of Commissionerate has created lot of resentment. CESA welcomes the creation of new formation because it would create avenue for Career Progression of the staff.   The number of Divisions be increased from present 6 to 10 for effective control and monitoring of Service Tax collection.

The Administrative Control of both the Service Tax Commissionerates presently lies with Mumbai Zone – I, who provides staff to various deputations and LTU Mumbai from the Commissionerates under its control, the Zone-I Administration is unable to get staff from Zone – II either for Service Tax or LTU, though the Service Tax and LTU covers part of the Zone-II jurisdiction too.  Hence it is suggested that for the time being, for convenience and without any much disturbance, hindrance to manage the working of Service Tax- II Commissionerate, the Administrative Control be transferred to Mumbai Zone – II, so that as narrated above, sufficient staff can be spared from the strength of Zone – II, till Cadre Restructuring, which all are eagerly awaiting.

Thanking you.

Yours sincerely
A.K. Sasmal
General Secretary

Copy to:   
1.    Ms. Lipika Majumdar, Hon’ble Member (Service Tax), CBEC, North Block, New Delhi. For kind information & necessary action.

2.    Ms. Sheela Sangwan, Hon’ble Member, CBEC (In charge of Mumbai Zone), North Block, New Delhi. For kind information & necessary action.

3.    Ms. Shobha L. Chary, Hon’ble Member (P&V), CBEC, North Block, New Delhi. For kind information & necessary action.

4.    Hon’ble Director General (HRD), CBEC, New Delhi. For kind information & necessary action.

5.    Hon’ble Chief Commissioners, Central Excise Zone I & Zone II, Mumbai – for kind information and necessary action.

6.    Hon’ble Chief Commissioner, Customs Zone-III Mumbai, for kind information and necessary action.

7.    Hon’ble Commissioner, Service Tax – I, II Mumbai and Central Excise, Mumbai – II & Mumbai – III for kind information and necessary action.

8.    Secretary General, AIACEGEO, New Delhi. 


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