GLORIOUS MOMENTS OF THE CESA, MUMBAI

     Glorious moments of the CESA, Mumbai, & IRS-POA, Mumbai & Pune, organised Felicitation Function, who were able to bring the stars of CBEC, New Delhi, "star" of Mumbai, and all the staff Associations together, for the cause of the Cadre. 

MEGA MEMORABLE FELICITATION FUNCTION

     CESA is thankful to all those who made the Felicitation Function on 26-June-2015 at Birla Matoshree Auditorium, a grand success. The mega function was memorable and touched the audience as well as the invitees namely, Ms. J M Shanti Sundharam, Ms. Neerja Shah, Shri. V. S. Krishnan, Shri. Yogendra K. Garg, and Ashwini Lau.

     The moto of the function was to acknowledge all the officers who were instrumental in getting the Cadre Restructuring proposal approved & implemented, despite all the hurdles placed in their path. 

     The other invitees who were unable to attend the Felicitation Function because of some exigencies, are namely, Shri A. K. Kaushal, Member(Customs), CBEC, Ms. Joy Kumari Chander, Retd. Member(P&V), CBEC, Ms. Arusha Vasudev, Retd. CC, CEx, Mumbai Zone-II, Shri S. A. Ansari, US(AD-II), CBEC and Shri Sushil Parekh, Ex-President, AICEGEO. 

     The text of all the speeches given by the dignitaries will be put up on the blog within the next few days.

       Few glimpses are shown below :-

INVITATION TO ONE AND ALL WITH AN APPEAL TO MAKE THE PROGRAMME A GRAND SUCCESS

MONSOON CHEERS TO OTHERS AND FEARS TO SERVICE TAX OFFICERS.

              Ref: CESA/43/2015

              Date: 23.06.2015.

The Chief Commissioner,

Central Excise & Service Tax,

Mumbai Zone.

Respected Sir,

Sub: - Staff in panic – no safety – run down condition of newly acquired  Lotus Building and in Estrella Battery Compound Building – reg.

LOTUS BUILDING:    Officers of Service Tax III & IV are sitting in the newly acquired Lotus building, which has not even celebrated its first anniversary of occupation.  The fury of monsoon ransacked from all sides of the building, without any discrimination, irrespective of the cadre/post occupied in the space. 

          The building is newly constructed and partially furnished. But it is not able to sustain the first monsoons initial furry and not only leakage even the false ceiling appears to be really false and has fall down on a lady officer’s shoulder last week. The officers sitting in Lotus building are under terrible shock and panic, having no alternative to occupy the safer space or leave the department and live peacefully without any untimely physical injury, which may cost his life and shatter his family permanently. Due to leakage/seepage of rain water, the centrally airconditioned office is without aircondition and the officers are working suffocating condition, as there is natural ventilation like window etc.  This is the condition of the building, which is facing the initial monsoon in Mumbai, where the monsoon lasts for almost four months.  We leave it your best judgement, on the condition of the building and the fate of the officers, during the monsoon!  It is in the officers’ mind as to how this building was taken into possession, without even getting the basic approvals from the Municipality and Fire Department.  

ESTRELLA BATTERY COMPOUND: The situation in Estrella Battery Compound Building, where in Service Tax VII Mumbai Commissionerate, One Division of Central Excise Mumbai I Commissionerate and Central Excise Audit – I Commissionerates, are accommodated. Interior renovation and furnishing work, for ambience, was carried out,but no care was taken to curtail the water seepage from the ceiling and sides. Earlier the officers posted therein was injured due to falling of ceiling and as well electrocuted. But we have not learnt any lesson to make the premises safe.

          The officers were left to wade in ankle deep water in the office and are sitting in very akward condition, keeping their legs on another chair.  All the computers as well as records are in wet condition and the entire office is giving a bad odour.  Diseases like asthma and other monsoon related diseases like leptospirosis etc cannot be ruled out as in the office large rodents are there, apart from the chances of the building collapsing from the top or the sides or electrocution.   

          Sir, officers are coming to the office to discharge their duties and to give their optimum, expect a human working condition and safe return to their homes at the end of the day.  No officer is coming to get injured or succumb to any sort of eventuality in the office where no facility is available and the seniors are helpless to provide for even the safety of the officers. 

          Today, a huge chunk has fallen down in the server room of the audit Commissionerate.  Continuous sparks were seen from the switch boards and the fear of short circuit and electrocution is constant in minds of the officers, sitting in this building. CESA requests your goodself to kindly intervene because the life of each officer is precious and valuable to their family members and needs adequate safety while in office.  Kindly instruct suitable steps to overcome these conditions immediately. 

Thanking you,

Yours sincerely,

A.K. SASMAL

General Secretary

FinMin, CEA form GST panel

     The finance ministry has formed a committee under chief economic adviser Arvind Subramanian to recommend what should be the tax rate under the proposed Goods and Services Tax (GST).

This is significant as earlier there were reports that CST will be 27 per cent. However many had expressed apprehension over such a high GST rate. But the finance minister Arun Jaitley had said that GST rate will be lower than 27 per cent.

 The Subramanian committee will recommend possible tax rates under GST that would be consistent with the present level of revenue from the Centre and states.

While making recommendations, the Committee would take into account expected levels of growth of economy, different levels of compliance and broadening of tax base under GST. The committee would also analyse the sector-wise and state-wise impact of CST on the economy. It is expected to give its report within two months.

OPEN INVITATION FOR FELICITATION FUNCTION

AN OPEN INVITATION TO JOIN THE FELICITATION FUNCTION TO ONE AND ALL TO EXPRESS SINCERE GRATITUDE TO OUR EX. OFFICIALS AS WELL AS PRESENT OFFICERS  WHO TOLL HARD TO ROLL OUT THE CR AS WELL AS OTHER ISSUES OF OURS  

IZT/ICT Orders of Inspectors of Central Excise/Service Tax Zone Mumbai

: 

IZT/ICT Orders of Supdts of Central Excise/Service Tax Zone Mumbai

FROM CESA's DESK

1.   The IZT of Group B officers of Mumbai is likely to be issued in the AN of 15th June 2015. 
2.    Simultaneously, the ICT of Group B officers of Central Excise, Mumbai Zone I and Service Tax Zone is also likely to be issued on the same day.
3.   Shri. V.S. Krishnan, Member (Service Tax), CBEC, is in Mumbai, to inaugurate a workshop on "Roadmap to GST" at NACEN, Bhandup.
4. The delegation of CESA, Mumbai, met Hon'ble Member (ST) on his visit to Mumbai on Saturday. Greeted him and represented the following;
a) filling of all posts of Commissioners in S. Tax and C.Ex. Commissionerates in Mumbai Zone and not to be kept vacant. Officers are being put to hardship, physically, mentally and financially, from running field to HQ frequently. The Hon'ble Member(ST) has assured that in the ensuing order, all the vacant posts of Commissioners in Mumbai will be filled up.
b) instruct to dispose off all claims of the deceased officers of the Department, and not to trouble the kith & kin by them having to make rounds of the offices for receipt of their dues & other benefits. Many of them had to resort to RTI & CP-Grams for redressal of their grievances and for consideration of their cases for compassionate appointments.
c) office for LTU-Audit, ST-II and ST-VII and CEx-Audit-I & II Commissionerates have not yet been finalised - this needs to be dealt with in a time bound manner.
d) full-fledged PCC Office, as the Mumbai CCA is a vast area with sizeable number of officers, needs space, digitalisation, data-base for effective & smooth functioning.    the Hon'ble Member(ST) has assured positive action on points (b), (c) & (d). 

**********

REPRESENTATION TO THE NEW MEMBER (P&V) FOR GRANTING 3rd MACP TO ALL

CESA'S REPRESENTATION FOR GRANTING 3rd MACP TO THE ELIGIBLE OFFICERS, WITHOUT DISCRIMINATING BETWEEN THE APPLICANT AND OTHERS

                                                                                                               Ref: CESA/41/2015

                                                                                                               Date: 09.06 2015.

To

The Hon’ble Member (P&V),

CBEC, Ministry of Finance,

North Block, New Delhi.

Respected Madam,

Sub: - Implementation of Honourable Madras High Court Order in W.P.                No. 19024 of 2014 & M. P. No. 1 of 2014 filed in case of Shri R                      Chandrashekhran VS. UOI in the ACP/MACP matters - reg.

            

            In the context of the above mentioned judgement, this Association with deep pain and anguish submits the following to illustrate how the things have been made complicated and unwanted litigations have been created, with an request to sort out the matter once for all.

1.    

     The Vth Pay Commission after considering the stagnation in various departments/ Ministries, directed to have Cadre Review (CR) exercise regularly once in 5 years. Further, to prevent the pay erosion they have given an alternative scheme in the form of Assured Career Progression by way of financial upgradation after 12 & 24 years of service. It was emphasised that this is not a supplement of Cadre Review exercise.

2.       The scheme was implemented in 1998 and very few problems were there. However, despite of Pay Commission’s recommendation the CR was not conducted timely and department totally relaxed on ACP scheme. The department took for granted that the lower officers have to be given only ACP and nothing else, as visible from the time taken between the two CRs.

3.      6^th CPC Pay Commission once again noticed that the needful has not been done by Ministries and the CR was not being done, as directed in last Pay commissions. Hence, they have directed 3 financial upgradation instead of 2 and after 10, 20 and 30 years.

4.          The Rules for the same were not framed by the Pay Commission but by the DOPT and its implementation and then interpretation of the same by the same authority is in itself a laughing stock. As the logic of introduction of the scheme was to prevent pay erosion due to stagnation, and hence financial upgradation was given, as the name itself suggests that there should be some financial increase in emoluments of the officer due to this. However, the Ministry and DOPT ensured that there won’t be any financial increase by retaining the same grade pay and only changing the nomenclature of the Pay Band. The band attached has now become painful for the officers in CBEC. Even after several court orders the DOPT is reluctant to interpret even the settled law of the land. What is the difference in PB2 and PB3, both start from R. 9300/- and carries grade pay of Rs. 5400/-.

5.          The settled position about judgement pronounced by a High Court or Supreme Court is that it gives its Ruling on Question of law placed before it, and it becomes law of the land unless it is reviewed or altered by any Constitutional Amendment.

6.               In case of MACP it is now well settled position as framed by the Apex Court that the Financial upgradation will be in promotional Hierarchical grades i.e.  1^stACP to the grade of Superintendent, 2^ndto the grade of Assistant Commissioner and 3^rd ACP/MACP to the grade of Deputy Commissioner. The DOPT in pursuance to the directions of the Hon’ble Madras High Court has reconsidered the issue and has issued DY No. 1078183 CR.15 from F. No. A – 23011/25/2015 – Ad. II A of D/O Revenue dated 05.05.2015. The DOPT has considered the issue of grant of NFG and has allowed 3^rd MACP to the officer i.e. the applicant in the case. Since it has been accepted / endorsed that the NFG cannot be counted as financial upgradation the said effect should be extended to all the similarly placed officers. The said issue was taken up with the erstwhile Member (P&V) who had assured that the matter is under examination, once it is settled and after consultation with DOPT, the same can be extended to all the officers in the cadre and that there will not be any discrimination for grant of 3^rd MACP to the officers.

7.                Now that DOPT has agreed to the orders of the Hon’ble High court in principle, the benefit of 3^rd MACP be restored/granted to all officers due immediately. Instructions in this regard may please be issued to all the Cadre Controlling Officers, so that the recoveries initiated by the PAO in respect of the officers to whom the 3^rd MACP was granted can be stopped and also the benefit of 3^rd MACP can be given to the officers who are due. 

     

       Thanking you,

                                                                                                                Yours sincerely,

(A.K.Sasmal)

General Secretary.

Copy to:

1      Shri. Arun Goel, JS Administration, CBEC, New Delhi for kind information, also with a request to extend the 3^rd MACP scheme to all the eligible Officers.

IZT OF MUMBAI ZONE

The Order of the IZT  of Mumbai Zone is likely to be issued in the next week.

                                                                                                                       

To,

The Principal Chief Commissioner,

Cadre Controlling Authority,

Mumbai Central Excise Zone-I.

Respected Sir,

                        Sub:-  Issuance of IZT-2015 – Reg.

            The Transfer & Posting Policy of Mumbai Zone is formulated and the IZT-2015 will be the first order to be issued.

            Co-incidently, the Chief Commissioners who formulated the common policy have either retired or have been promoted as Member, CBEC.  The aim & objective of the common Transfer & Posting policy as formulated will go a long way and efforts should be taken to ensure that all the Transfer & Posting orders issued under this policy will uphold the letter and spirit of the policy.

            It is learnt that the processing IZT is in progress. Hence, it is requested to expedite the same, so that the rotation of officers in all the field formations be completed by end of June-2015. In this connection, the following suggestions are submitted :-

a)    For computation of Five years in Central Excise Zone-I, the date of Order of AGT-2010 should be considered.

b)    In Mumbai Service Tax Zone, all Superintendents who are posted to Service Tax since 2010, should be considered.

c)     In Central Excise Zone-II, Superintendents who have completed the maximum number of years, with minimum of five years, should be considered first for rotation to Service Tax Zone/LTU-Mumbai/LTU-Audit, etc.

                                 

d)    The Superintendents who are due for retirement in the next 2 years, i.e. upto June-2017, should not be disturbed and their request for transfer to a place near their residence, be considered.

e)    The Superintendents of Central Excise Zone-II who are retained in CEx Zone-I or Mumbai ST Zone, on promotion (in 3 phases) be repatriated to CEX Zone-II.

f)     The Superintendents of CEx Zone-I and Mumbai ST Zone, who have completed their 5 year tenure in the respective zones and have requested for transfer to CEx Zone-II, as they are staying in the jurisdiction of CEx Zone-II, be considered and vice-versa. (Place of residence should be beyond Airoli / Vashi onwards on the Harbour Line for posting to CEx Zone-II & vice-versa)

g)    Superintendents requesting for posting to a place near their residence on compassionate/medical grounds, be considered after due examination.

h)   In the meeting it was agreed upon that, Inspectors who have not completed their probation periods will not be posted to LTU-Mumbai & LTU-Audit. Accordingly at the time or re-organization some Inspectors were posted in LTU who have not even completed 2 years’ probation period. Such Inspectors be repatriated to their parent zone and in their place suitable experienced Inspectors be posted.

i) It is also requested that after issuance of IZT-2015, the Superintendents who are posted out of Mumbai zone, i.e. Pune Zone, on promotion, and who have requested for repatriation on the grounds, that their wards are in Xth or XIIth Std, be considered and repatriated to Mumbai and in their place other officers in the roster be posted.

                Thanking you,

               Ref:- CESA/39/2015

               Date:- 05.06.2015                                                                           Yours sincerely,

                   (A.K.Sasmal)

                  General Secretary.

The GST should be a please-all charge

Under the new tax regime consumers will benefit in a big way, and so will manufacturers and traders.

       The 122^nd Constitutional Amendment Bill enables the government to introduce the Goods and Services Ttax (GST) and make laws for levying the GST on every transaction of supplying goods or services, or both. It will subsume a number of indirect taxes and will create a common national market.

      The GST Council will be the nodal authority for determining and regulating this one-tax system. The decision of the Council shall be taken by a majority of not less than three-fourths of the weighted votes of the members present. The Central Government will have a weight of one-third and the state governments of two-thirds. There is the flexibility that the Centre and the States will raise additional resources for natural calamities and disasters. Currently the Centre is not empowered to levy any tax beyond manufacture and states do not have the powers to levy tax on services. States will look into the issue of cross-verification within States and the Centre should deal with tax cases having inter-state movements. The rolling out of the GST is likely to enhance GDP by about 2% and improve the fiscal deficit as tax compliance will be better. The apprehension of States of losing revenue has been taken care of by compensating them for five years. Any loss to States will be compensated by the Centre at 100% for the first three years, 75% in the fourth and 50% in the fifth. The GST is proposed to be rolled out from April 1, 2016.

          Manufacturers and traders will have advantages like one tax, a common market, no difference between goods and services, simple billing, and common exemption between the Centre and the States. The GST is a destination-based tax, and the place of supply will be the taxing point. Currently, 144 countries have the GST. As far as the rate is concerned, it will be decided by the GST Council. The finance minister has said that it is a wrong message that the rate of the GST will be around 27% and in the case of India if it is kept between 18 and 20%, that would be good enough; The Centre and the States will share half the revenue each.

           The Bill was passed smoothly but the objections are painful as opposition for the sake of opposition is not a healthy sign. The proposal for the GST was first mentioned in the 2006-07 budget and afterwards the dialogue with states began and an Empowered Committee of State Finance Ministers was constituted in 2008. The UPA government introduced the GST Bill in 2011, and thereafter it was referred to the Standing Committee. In August 2013, the recommendations of the Standing Committee were incorporated in the Bill and the revised Bill was sent to the Empowered Committee in September 2013. In March 2014, incorporating the recommendations of the Empowered Committee, the revised version was sent for examination. The Bill was introduced in December 2014, and passed on May 6, 2015, in the Lok Sabha. So far, States did not share service tax. Therefore, their revenue collection will be higher than what it is today. Consumers will benefit in a big way, and so will manufacturers and traders. Manufacturers are expecting a 3-4% reduction in overall taxes. Also there is loss of 3-4% taxes in the whole chain from raw material to finished goods. So, overall, this much saving on taxation will happen.