CENTRAL EXCISE SUPERINTENDENTS ASSOCIATION OF MUMBAI (UNIT OF AIACEGEO) (Disclaimer- The views expressed in the Blog post is purely for the consumption of members of CESA-MUMBAI only and the data/facts contained therein should be first verified with authentic source, before using the same, by anyone.)
Monday, August 31, 2015
TIME TO CARE FOR YOURSELF & YOUR FAMILY
Proposal for Group Medical Insurance Scheme
17. Important :- All those who are interested in availing the said Group Medical Insurance scheme from M/s. ICICI-Lombard, may kindly submit their details online by accessing the form available on the Mumbai Service Tax website (www.servicetaxmumbai.gov.in) as shown below :-
Website of Service Tax Mumbai Commissionerate
CBDT OFFICE BEARERS ARE ONE STEP AHEAD...
In Bhagvat Gita, it
is said “if you do not fight for what
you want, don’t cry for what you have lost” and “Nothing depends on luck, everything depends on work, because, even
luck has to work.” Filling up of vacant posts in Group ‘A’ in CBEC and
discriminations faced by the promotee officers are not being taken care as
expected.
After restructuring
the fate and mode of the CBDT is more or less like CBEC; discriminations
between direct and promote recruits in Group ‘A’, are clearly visible. Further the
filling up of vacant posts in one or the other pretext are there.
The office bearers
of CBDT, Mumbai unit alongwith their association’s All India President Shri
Rajesh Menon and General Secretary Shri Ravi Shankar met Hon’ble Union Cabinet
Minister Shri Nitin Gadkari at his residence in Nagpur and appraised him about
the present mess in the Department, particularly on account of the un-warranted
delay in promotions from ITO to ACIT. They also explained the step-motherly
treatment given to promote officers by CBDT. They also handed over a memorandum
to the Hon’ble Union Minister, highlighting the important issues.
Hon’ble Gadkariji has assured
them that he will discuss it with the FM and try to resolve the issues and forwarded
their memorandum to the FM then and there for resolving at the earliest. The
copy of the letter is annexed below :-
If the issues faced by us is further
delayed, then CESA, Mumbai will also approach the Hon’ble Union Minister Shri
Nitin Gadkari in Nagpur, for earnestly taking up the matter with the FM.
**********
Friday, August 28, 2015
CBEC SAMUDHRA MANTHAN...
The outcome of the
two-day Annual Conference of CBEC Chief Commissioners and DGs, held in New
Delhi on the 24th & 25th August, 2015, with respect
to the field structure of the Commissionerates is as follows :-
Ø The present
territorial jurisdiction is going to be retained in most of the cases. The
three-tier system of Commissionerate, Division & Ranges would survive. And
the territorial jurisdiction of CGST Commissionerates would be co-terminous
with the States.
Ø However,
stand-alone Service Tax Commissionerates are going to be rolled back to create
a common GST Commissionerate. The CBEC has also proposed to continue the system
of Commissioner(Appeals) and to create a National Tribunal with co-ordinate
benches in each state capital.
Ø The CGST
Commissionerates would also perform functions under the Central Excise Act,
1944, to deal with all legacy issues of Central Excise and Service Tax.
Ø It has also been
proposed that 25% of posts in different grades may be filled up by SGST
officers on deputation basis and vice-versa.
Ø
It has also been proposed that common LTU of indirect and direct taxes
may be dismantled and new LTU of indirect taxes alone may be set up.
Let’s hope that all
this detailed study and homework done by the CBEC does not go waste and good
sense prevails over our political parties which may be reminded that the
national interests must supersede their personal and even collective interests.
The GST balloon must not be sandwiched between
two inflated egos; which must not be allowed to grow in size beyond the
topography of a nation...
*********
Sunday, August 23, 2015
CAN CBEC DARE TO BARE IN THE CONFERENCE ?
Much delayed Chief
Commissioners' Conference will be held with the Finance Minister and MoS on 24th
and 25th of August, 2015 at Delhi. The Agenda of the Meeting is
widely displayed on various sites.
In the Re-structuring,
the Group-A has tactfully created the post of Principal Chief Commissioner and enhanced
the number of Chief Commissioner posts at par with CBDT. Thus, they have not only
increased the number of posts in the hierarchy but have also got a hefty hike in grade pay. It
is unfortunate that the post has been created but eligible officers are not there to
fill up the posts. Various key posts at DG level in the Zones as well as in
many Directorates are lying vacant since October, 2014 till date. In the
process, the discipline of subordination has been compromised as the officers of
the same Batch were occupying various Administrative posts is clearly visible
in the day to day activities.
Conference has become a ritual to
hold annually without any review of the Minutes of the earlier conferences. The
field level difficulties remain unresolved. Present scenario in the ensuing
conference where the Chairman himself is not holding the regular post and the
remaining two Members will soon retire shortly and all Members recently
elevated to the post after much hue and cry, still do not have enough
control over their assignment. The Top Posts in the Zones and Directorates are
lying vacant and are managed by giving additional charge.
How the decisions taken in the Conference will be implemented? When various Zones and Directorates are without their regular Head, the same are managed by Inspector and Superintendent at CC Office / Directorate. Then why these two cadres are not taken care of in their career progression and pay matters unlike Group – A.
How the decisions taken in the Conference will be implemented? When various Zones and Directorates are without their regular Head, the same are managed by Inspector and Superintendent at CC Office / Directorate. Then why these two cadres are not taken care of in their career progression and pay matters unlike Group – A.
Those who attend the
conference, will they be able to raise the issues of various Zones & Directorates,
for their smooth administration and better functioning ? Several cases of
service tax evasion have been unearthed by DGCEI, but it is unfortunate still they do
not have ACES facility at their Office. Money has been spent on vehicles for
the comfort but no money for computers and providing basic facility like ACES (including to various new Service Tax formations).
CESA
feels those who attend this important conference, should not shy away from raising the various pressing issues prevailing at Zones / Directorates, directly with the FM & MoS.
The following issues to be emphasized:
The following issues to be emphasized:
-
Infrastructure –
Basic as well as improvement.
-
ACES with reality
on TOP PRIORITY.
- Filling up of
sanctioned Posts at the level of Inspector
and Ministerial cadre and Sepoy & Hawaldar etc.
and Ministerial cadre and Sepoy & Hawaldar etc.
- Disposal of
pending Vigilance matters in a time bound
manner at par with Group – A.
-
Compassionate
Appointment.
- REGULARIZATION of
daily wage workers who has
served maximum years of service.
- Disposal of
Medical Claims without any discrimination
and providing necessary & adequate funds in this regard.
and providing necessary & adequate funds in this regard.
- Discrimination
between direct recruit ACs & promotee
ACs. Promotee ACs are being shabbily treated whereas
direct recruit ACs are treated differently.
ACs. Promotee ACs are being shabbily treated whereas
direct recruit ACs are treated differently.
CESA
feels that if all the above issues are brought to the notice of the FM &
MoS in the conference, they will definitely take cognizance and will realize
the difference between the CBEC & CBDT; that the pictures are not rosy
as projected, and will be forced to change their vision as to how to improve the
CBEC administration at the field level before rolling out GST. In the same pattern
and mind set, it is hard to introduce GST from old tax regime to new tax
regime.
Wednesday, August 19, 2015
GAPS BETWEEN VISION AND ACTION...
CBEC
has declared 2015 as the Year of Taxpayer Services. While declaring this, they
might have had a vision that they will extend all the required services to the
taxpayers in a user-friendly manner while collecting taxes from them.
Re-structuring and
re-organisation of the Commissionerates have taken place in Oct-2014, but
unfortunately, majority of the new commissionerates are still functioning from
the same place – lack of infrastructure, facilities etc. further aggravates the
acute shortage of staff especially Inspectors and ministerial staff, who
are the first line of interaction between the
Department & the trade.
Recently, revenue analysis
of income of the Govt., reported in various publications, has shown a sharp
increase, in the Apr-June quarter. Obviously, the Board is very happy about the
uptrend in collections of ST, but no one is bothered about the leakage of ST
collections which is beyond anyone’s imagination – collections are there but the
same is not being deposited as ST in the Govt. account and the dearth of staff
is hampering the work of unearthing these evasions. The unhealthy trend does
not end here – in the Commissionerates there are no Commissioners and in the
Zones there are no Chief Commissioners, but the show goes on.
When the field formations are headless, what level of service can be extended to the tax-payers !
Normally in CBEC, by the
end of December, all those Group ‘A’ officers who are due for
transfer/rotation, their names are displayed on the CBEC website. Since their
names are in the transfer list, they stop attending to important work like
adjudication, recovery etc. and only attend to the day-to-day work. This year,
August month is almost over, and the transfer order is still only over the
horizon. The editor of Taxindia Online has recently published a revealing
article on the same. Now the Board is fully staffed but still is unable to
steer the Department either at the macro level or the micro level.
Unless the level of
infrastructure is improved, both in terms of physical structures and in terms
of staff, and the system for collection of information on ST evaders is improved,
the Dept. will continue to be on auto-pilot mode. When we are unable to control
lakhs of ST assessees who are already registered with the Department, (let
alone those who are not registered with the Department), what will happen when
GST is introduced and millions of assessees will register with the Department.
The Department has held
enough seminars and released a number of blueprints, roadmaps for the
implementation of GST, but the time has come to introspect as to whether the
present setup can sustain the rigors of GST, with the traditional mindset,
approach, lackadaisical approach to responsibility, putting blame on
subordinate officers by dodging responsibility, etc.
A prime example is the
recent shifting of the office of the DGST from Mumbai to New Delhi and renaming
it as DG-GST. This is also another headless Directorate !! The speed at which the
Board has dismantled it, the same speed is not being shown in the matter of posting
of New Delhi officers and allocation of working space with at least the minimum
of facilities.
It is seen that senior
officers have a bright future, who have chosen to keep mum and unfortunately
the junior officers in the field always have to bear the brunt. The situation
has already reached saturation levels and the newly promoted officers have
started putting in their papers and some are waiting for the 7th Pay
commission to put in their papers.
Staff morale is at the lowest and the leadership qualities of the senior officers that should have come to the fore at this crucial juncture, is sadly missing !!
*******
REVISION OF SENIORITY LISTS
On 15th August,
2015, Dainik Bhaskar, Jaipur edition, published an article on re-fixing of
seniority lists as per the N R Parmar SC judgement. Since then received many
messages through the social networking platforms about the status of our
seniority lists in Central Excise.
Ever since the
pronouncement of the said Supreme Court judgement and the subsequent contempt
petition filed in Mumbai-CAT, CESA-Mumbai has vigorously tried to impress upon
the powers in AIACEGO in the meetings held with them. But, on one or the other
pretext, when no positive response was received from AIACEGO, no other
alternative was left except knocking on the doors of Mumbai-CAT. CESA-Mumbai,
along-with other petitioners filed 2 petitions in Mumbai-CAT, namely :-
a)
petition for revising the seniority list pertaining to 1982 to 1986, and
b)
petition for revising the seniority list pertaining to 1986 onwards.
CESA-Mumbai, also
represented to the Board and requested that similar directions be given as per
the apex court judgement to instruct all the CCA to revise the seniority lists.
Board has recommended our representations and positive communications is
expected along the same lines of the CBDT instructions.
ü Both
the petitions are admitted in Mumbai-CAT and scheduled for hearing on
24-Aug-2015.
ü Another
petition in Mumbai-CAT filed by the promotee inspectors, Waghamre vs UoI &
others is also scheduled for final disposal on 21-Aug-2015.
ü Petition
filed jointly by CESA, Pune, Mumbai, Goa, Nashik & Indore, on regional
disparity in seniority list is also expected to heard by Mumbai-CAT, in
Aug-2015.
देशभर
के
आयकर
अफसरों
की
वरिष्ठता
बदली
जाएगी
वित्त मंत्रालय ने दिए एनआर परमार केस का आदेश लागू करने के निर्देश:
आयकरविभाग में अफसरों की वरिष्ठता
को लेकर बहुत बड़ा बदलाव होने जा रहा है। वित्त मंत्रालय ने एनआर परमार केस में सुप्रीम
कोर्ट के फैसले को लागू करने के निर्देश दिए है, जिसकी पालना में आयकर विभाग ने भी
सभी प्रधान मुख्य
आयकर अधिकारी को
वरिष्ठता सूची 30 जुलाई तक
पुन: तैयार करने
के निर्देश दिए
थे। राजस्थान आयकर
विभाग ने यह
एक्सरसाइज शुरू कर
दी है और
पिछले बीस सालों
का रिकॉर्ड देख
कर वरिष्ठता सूची
दुबारा तैयार कर रहा
है। वरिष्ठता में
इस बदलाव का
राजस्थान में ही
करीब 1200 अफसरों पर पड़ेगा।
अब वेकेंसी वर्ष
से
मिलेगी
वरिष्ठता
: एनआरपरमार केस सीधी
भर्ती और पदोन्नत
अफसरों के बीच
का फासला बढ़ने
के कारण हुआ
था। सालों से
विभाग में डेट
ऑफ अपॉइंटमेंट से
वरिष्ठता दी जाती
थी, चाहे डेट
ऑफ वेकेंसी दो
साल पुरानी ही
क्यों हो। सुप्रीम
कोर्ट के फैसले
के बाद पदोन्नतियां
डेट ऑफ वेकेंसी
के साल से
मानी जाएगी, इसलिए
वरिष्ठता सूची को
दुबारा बनाया जा रहा
है।
सिर्फ3 जगह
आदेश
लागू
था,
अब
पूरे
देश
में:
सुप्रीमकोर्ट के यह
आदेश नवंबर 12 का
है। मगर अब
तक अहमदाबाद, लखनऊ
और गुवाहाटी में
इस आदेश के
मुताबिक वरिष्ठता दी गई
है। वित्त मंत्रालय
के अंडर सेक्रेटरी
बृज मोहन ने
16 जुलाई 15 को देश
के सभी प्रधान
मुख्य आयकर अधिकारियों
से कहा कि
वे अपने यहां
वरिष्ठता सूची तैयार
करे। इससे पहले
30 मार्च 10 अप्रैल 15 को डीजीआईटी
(एचआरडी) की अध्यक्षता
में बैठकें हुई
जिसमें सभी को
निर्देशित किया गया
कि वे 30 जुलाई
15 तक वरिष्ठता सूची
तैयार कर विभाग
को भेजें।
सिर्फ राजस्थान में 1200 अफसरों
पर असर : यूं तो यह
आदेश पूरे देश
में लागू करने
के निर्देश हैं,
सभी प्रदेशों में
यह काम चल
रहा है। राजस्थान
में भी काम
शुरू हो चुका
है। इसमें लगभग
240 आईटीओ, 480 इंस्पेक्टर और 500 टैक्स
असिस्टेंट, ऑफिस सुपरिटेंडेंट
अपर डिविजन के
क्लर्क शामिल है, जिनकी
वरिष्ठता ऊपर-नीचे
हो सकती है।
साथ ही वे
सहायक आयकर अफसर
भी प्रभावित होंगे
जिन्होंने पुराने नियम से
पदोन्नति प्राप्त की है
और उन आईटीओ
को पदोन्नति मिलेगी
जो रह गए
थे।
राजस्थान में लागू कर रहे हैं
यह आदेश: सुप्रीम कोर्ट के यह
आदेश नवंबर 12 का
है। मगर अब
तक अहमदाबाद, लखनऊ
और गुवाहाटी में
इस आदेश के
मुताबिक वरिष्ठता दी गई
है। वित्त मंत्रालय
के अंडर सेक्रेटरी
बृज मोहन ने
16 जुलाई 15 को देश
के सभी प्रधान
मुख्य आयकर अधिकारियों
से कहा कि
वे अपने यहां
भी वरिष्ठता सूची
तैयार करे। इससे
पहले 30 मार्च 10 अप्रैल 15 को
डीजीआईटी (एचआरडी) की अध्यक्षता
में बैठकें हुई
जिसमें सभी को
निर्देशित किया गया
कि वे 30 जुलाई
15 तक वरिष्ठता सूची
तैयार कर विभाग
को भेजें।
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