Thursday, June 30, 2016

FULL OF CLOUDS... NO RAINS...



Finally the curtain has dropped on the 7th Pay Commission recommendations & the same has been cleared by the Cabinet on 29-Jun-2016. But due to the blast at Istanbul Airport, all the news channels & print media were forced to put the salary hike news on the backburner. The Govt. employee has been much maligned, but sadly much more is yet to come. However, some print media has put the banner “Fat pay hike for Central Govt. Employees” etc., when the hike is only around 14% and that too after 10 long years !!

The present mode of the Govt. to remain silent and to let the issue ferment, whatever it may be, but when it touches them, then only they react, as in the case of RBI Governor and the Chief Economic Advisor to the GoI, namely, Raghuram Rajan and Arvind Subramaniam. But who is responsible for the damages caused and loss to their hard-earned reputation. When they realized that even the FM is not going to be spared, then only the PM stepped in and managed to stem the tide. So the moot question is - if the reaction from the Govt. side, for their 2 top officials is so delayed, then how much time is required for them to step in for the remaining 47 Lakh working Govt. employees, not to mention the 53 Lakh pensioners ?
In various pockets, after the announcement, several flash strikes were observed by the employees and their anguish made known about the inadequate increase in salaries and feelings were expressed that the Govt. is totally unfair, especially towards the Grp-B & C staff, who form the major chunk of the employees. The major hike is in the Grp-A levels where the increase is from Rs.90,000/- to Rs. 2.5 Lakhs, which is almost 2.8 times, while the lower level increase is only 2.5 times.
If the Govt. is serious about its employees, especially at the Grp-B & C level, then they should not have delayed the recommendations, which is quite contrary to the suggestions given by the various employees associations and federations. Further, setting up / appointing several committees to look into these recommendations and in addition engaging IIM, Ahmedabad to conduct a survey, only has led to the waste of scarce resources of manpower, time not to mention money. In a nutshell it can be said that the Govt. is determined not to listen to any suggestions given by their employees but want to enhance the efficiency, and governance, irrespective of the deficiencies in infrastructure, manpower, facilities, etc. at the ground level.
For example, the Nirbhaya case in Delhi has shaken the entire country but have we learnt any lessons from it to safeguard our own mother & sisters from the devils ? Even now the ratio of policemen to the number of citizens in a city has not improved, and such incidents are happening on a daily basis. Other than the state govt. blaming the Centre / city administration, nothing much has changed. Still the ladies find it unsafe in their own areas. Similarly, if the master (Govt.) is not concerned about the safety, security and interest of its own employees, then who will speak up for them ? Can they be asked to work with motivation, efficiency and to have a larger worldview like that of 'Make in India' ?
All the federations of Central Govt. Employees were well aware of the mindset of the Commission and accordingly have taken a decision to strike work on 11-July-2016.
The delegation of CESA-Mumbai, in its Hyderabad meeting, had suggested to follow the decisions taken by the apex federation of the Central Govt. Employees in respect of the 7th Pay Commission, where the chief office bearers of the Inspectors Federation, the Superintendents Federation and the IRS Promotee officers association were present. The Inspectors Federation has already issued notice dated 28-Jun-2016, giving a call for an indefinite strike from the 11-July-2016, but so far the Superintendents Federation has not yet issued any such notice co-ordinating with the call given by the apex federation of Central Govt. Employees. However a notice has been issued only for lunch hour demonstrations on 11-July-2016 by the AIACEGEO, when all other employees are on indefinite strike !!!
Today (30-June-2016) there was a call to attend an interaction with the MoS(Finance) at Vigyan Bhavan, New Delhi, by the AIACEGEO. When the Govt. itself is rejecting our suggestions and implementing unfair measures through the 7th Pay Commission, the interaction should have been boycotted by them.
The AIACEGEO has planned to hold rally at Jantar Mantar on 09-Jul-2016 on the issue of non-filling of promotional Grp-A posts, anomallies in MACP, etc. Being a federating unit of the AIACEGEO, CESA-Mumbai will participate in the same. However, as 09-Jul-2016  being a Saturday and a holiday in New Delhi, it is will have limited impact, but the strike of 11-July-2016 will have a larger coverage and impact overall.
We all should be united and the Superintendents Federation should join with the apex federation of Central Govt. Employees and mobilize their staff. A prompt decision will yield effective results and less damage to our cadre. Leader should lead like a tower and mobilize the entire fraternity against the great injustice meted out to our cadre in particular and to the govt. employees in general.
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Tuesday, June 28, 2016

FEAR OF FAILURE IS FOR FOOLS...


The gist of the CAT Judgement is as under :-
The Principal CAT, New Delhi, disposed off the petitions transferred from other Tribunals and have passed a Common Order dated 03.06.2016, wherein it has allowed the OAs and have directed the Respondents to effect promotions in accordance with the law as enunciated by the Hon’ble Apex Court in M. Nagaraj case and as explained in Suresh Chand Gautam and vacated the Interim Stay granted.
While issuing the above order, the Principal Bench has also categorically mentioned that the State has to follow the principals laid down in the Apex Court decision in M. Nagaraj case and has to collect quantifiable data showing backwardness of the class and inadequacy of representation of that class if reservations have to be implemented in promotion.
The Principal Bench has also made the DOPT OM No. 36012/17/88-Estt(SCT) dated 25.04.1989, which provided for reservations in posts by promotion to all grades or services in operation and directed the respondents not to give effect of the same, till they conduct the pre-mandated exercise.
But after the pronouncement of the above said judgment there is nothing to drag the Board officials to hold DPC for the remaining posts to be filled. Several posts are lying vacant but the Board is adopting a cold approach. Nothing is being done to initiate / conduct the DPCs. The Board has informed that the matter is under examination in co-ordination with DOPT in several replies under CPGRAMS.
Those who failed to turn the table in their favour, they are taken as zeros not heroes. Fortune favours those who strive constantly – now there is no road-block for holding the DPCs for promotion from Grp-B to Grp-A. But unfortunately the DPCs are not being held, whether it is for temporary posts or for the permanent posts.
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Salient changes to the Transfer & Posting Policy

1.    Rotation on completion of 5 years (in one cadre) in one zone. Normally the rotation will be from Central Excise Zone-I / II to Service Tax Zone and vice versa.

2.    The tenure of LTU & LTU-Audit will be for two years.

3.    A cap of 56 years for posting to LTU / LTU-Audit / M&P etc.

4.    The tenure in any formation of Central Excise (except Preventive Section) will be for one year.

5.    The tenure in any formation of Service Tax (except Preventive Section, which will be normally for two years & with the prior approval of CC, upto 3 years) will be for one year.

6.    In LTU & LTU-Audit, rotation will be carried out on an annual basis.

7.    The tenure of posting in CC Office will not be included in the Zonal tenure.
 
All orders are likely to be issued shortly.
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56 J – the quarterly Internal Screening Committee was held on 20-June-2016 and no officers from any cadre has been considered. One of the officers, who was earlier considered under Rule 56 J, has obtained a stay from Mumbai-CAT, and allowed to continue in service.
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An awareness meeting was held today at Wagle Estate office, which was arranged by IRS Promotee Assocn., about the discrimination, arbitrariness in the formulation of Grp-A RR and other cadre related issues. Shri S K Patil, Organising Secretary explained in details the issues involved through a power-point presentation.
A road map for the future course of action was chalked out and the same will be intimated in due course. More such type of meetings will be held at different locations in Mumbai.
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The case filed by the Data-entry operators in Mumbai-CAT (Waghmare Vs. Others) which was scheduled for hearing on 24-June-2016, has been postponed to 05-July-2016 as the double bench was not available.
Hope the matter will be heard at the earliest and finality will be reached, so that the promotions from Inspector to Supdt. (which have been held up due to this CAT case) will take place at the earliest.
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Thursday, June 23, 2016

KOHINOOR OF SERVICE TAX...



On 22-June-2016, the 1st JCM in Service Tax Zone was held by ST-IV Commissionerate, which was initiated by Shri M. R. R. Reddy. The Points taken up in the JCM are as under :-
1.    Issuance of a copy of Service Book to all officers.
2.    Verification of Service on completion of 18 years.
3.    ACES be made fully functional and to ensure that all Modules including the SCN module, etc. are operational to save time in preparation to finalisation and serving of SCN to assessee.
4.    Providing of desktop computer to each officer with LAN and WAN facility.
5.    Providing of supporting staff to all officers.
6.    Improvement of Canteen facility.
7.    In-house training facility for newly joined staff / staff new to Service Tax. 

Apart from the above, the Commissioner agreed to conduct yoga classes for staff to relieve stress and other recreation facilities along-with library facilities with computers. He also urged the association to convey to all the staff members to be punctual in attending office as well as to be responsible in discharging all the official responsibilities. He also mentioned that if any officer is facing any issues (official, personal or medical), he/she is free to approach the Commissioner for his help/guidance and to make the office a cordial & friendly place to work. He also agreed to impart in-house training to the newly posted staff in Service Tax to excel further. CESA-Mumbai feel proud to work under such officers, who is not only dedicated but also friendly & approachable and stands-by the officer during their time of crisis as an elderly member of the family. He himself is an institution and the staff who have worked under him hold him in high regard. There may be several senior officers who are well versed with Service Tax matters, but very few of them may be able to reach the calibre and human touch of Shri Reddy sir. He is indeed a very rare officer in the current scenario.

In continuation, CESA-Mumbai is annexing a communication made to the Revenue Secretary, which is annexed, for kind information. 

Ref: CESA/19/2016
Date: 14-Jun-2016.
To,
Dr. Hasmukh Adhia,
Secretary of Revenue,
Ministry of Finance,
New Delhi, 

Sub:   Request for providing office accommodation of the society in event of vacating the Madhu Industrial Estate Premises and Shifting somewhere else – Reg.

Ref.:  Letter from C.Ex. Credit Society bearing No. Soc/App./446/2016
dated 04-Jun-2016.  

Respected Sir,
                       Kind attention is invited to the above referred letter sent by the Chief Executive of Credit Co-operative society of Central Excise, Mumbai seeking space for the Co-operative society at the same time leveling allegation against Shri M. R. R. Reddy, Commissioner of Service Tax-IV, Mumbai ST-Audit-I & II.

2           CESA-Mumbai have since long strived a lot to improve the Department’s infrastructure, for acquiring various offices for our office accommodation and the administration of Mumbai has played a very positive role in this regard. Amongst the various officers, the contribution of Shri M. R. R. Reddy, Commissioner ST-IV for improving infrastructure is appreciable. Apart from this, his dedication and contributions towards the body of knowledge in Mumbai Service Tax is exemplary.

3.       To appraise you about the background of the above mentioned letter and issue, it is brought to your kind notice that Central Excise office (around 6 Divisions) of Mumbai-I Commissionerate were situated at 2nd floor, Madhu Industrial estate, P.B.Marg, Worli, Mumbai-18. Due to space crunch at the Old-Customs House, the Credit society office, which was operating from there, was also shifted to the Madhu Industrial Estate premises. Further, on creation of new Service Tax Commissionerates, the Central Excise officers posted in the said Commissionerates were also accommodated in the said premises in an as-per-need basis, which led to the officers sitting in a very cramped condition.

4.       In the year 2014, due to the Cadre Restructuring and creation of several new Service Tax Commissionerates, it became very difficult to accommodate all the offices in the said premises. Further, this premise is situated around 1.5 Km from the nearest railway station (Parel & Elphinstone Rd.) causing great inconvenience during the evening peak hours, due to non-availability of public transport facilities.

5.       Since 2010, Shri M. R. R. Reddy was posted as Additional Commissioner in Mumbai Service Tax-I Commissionerate. In addition to being in-charge of Division-III, he was also in-charge of the Audit Section. He was the one who changed the very outlook of Service Tax Commissionerates and to look for the welfare of the staff. The lack of proper seating space as well as basic amenities in Madhu Industrial Estate is well known. Earlier, one of the Divisions of Central Excise Commissionerate Mumbai–I was the caretaker of the premises at Madhu Indl. Estate, till 2012. Thereafter, as the strength of ST formations increased in Madhu Indl. Estate, Service Tax-I Commissionerate was made the caretaker in the year 2013-14, even though the agreement was earlier signed by a Division of Central Excise Mumbai-I Commissionerate.

6.       The premises of Madhu Industrial Estate was taken on rent by the Central Excise Department in the year 1978, for housing the Divisional offices of Mumbai-I Commissionerate. The premises at Madhu Industrial estate, as the name itself suggests, was an industrial estate to accommodate small scale manufacturing units. In fact the ground and First floor of it was used by several small scale manufactures to manufacture the goods or was used as a warehouse. There are many stakeholders (more than 25) who are the owners of premises at Madhu Industrial Estate, which are in possession of the Department.  There is no unity and unanimity among these stakeholders and due to this reason, they never bothered to carry out minor repairs or any renovations and allowed the condition of the premises to deteriorate. Not only this, they never allowed the Department also to carry out any repairs or renovations. Whenever they were invited for talks for extension of the rent contract and increase in other amenities like parking spaces, they were not supportive and cooperative, but rather quarrelsome (among themselves), having a litigative mentality, which finally compelled the Department to take a decision to surrender the premises when the chances of any improvement in relations with the stakeholders were very bleak. The officers posted at Madhu Industrial Estate suffered a lot due to the non-co-operative attitude of the stakeholders and in the interest of not further de-motivating the officers took the final call of surrendering the premises at Madhu Industrial Estate to a better place which has much better facilities and amenities.   

7.     Shri M. R. R. Reddy took initiative along with Shri Sushil Solanki, the then Commissioner of Service Tax-I, Commissioner to initiate the improvement of basic amenities, facilities, infrastructure in the Madhu Industrial Estate. With the increase in number of Service Tax Commissionerates from 1 to 2 and then to 10 Commissionerates, new premises were required to be acquired to accommodate the officers. Like flock of sheeps, the officers were thrusted in the small place i.e. Madhu Industrial Estate. Only due to the initiative of Shri V. S. Krishnan, the then CC, Shri Sushil Solanki and Shri M.R.R. Reddy, new premises were acquired to accommodate the Service Tax officers. One of them was the Air India Building and the other was Lotus Info Centre.

8.       The allegation leveled by the Chief Executive of Credit Co-operative society on Shri M.R.R. Reddy who became Commissioner in Jan 2015, who  and  presently  posted at Service Tax-IV with additional charge of Service Tax Audit-I and Audit-II Commissionerates is absolutely baseless, just to tarnish the image of Shri M. R. R. Reddy. It is a well known fact among the entire Cadre of Service Tax Commissionerates that Shri M. R. R. Reddy is the only person of his rank, who took several initiatives for the welfare of the entire service tax staff as well as raising the standard / knowledge of the officers, on a one-to-one basis, so that as long as the officer is in Service tax, it will be beneficial to the organisation. The impression and the nature of his contributions led to him being known as “Service Tax -Mumbai means Shri M. R. R. Reddy”. He is a person who is always ready to resolve all sorts of ST related issues as well as increasing the collection of revenue, from maximum to optimum. Further, his knowledge, sincerity, integrity, cordial approach, work ethics, etc is well known to the Trade as well as in the Department. He is one of the most respectable, lovable and accessible officers in the Mumbai Service Tax zone.

 9.     The Lotus premises were acquired with the knowledge and approval of the senior officers & IFU, after following the due process as laid down by DGHRD. Financial, as well as Administrative approval were obtained for acquiring the premise of Lotus Info Centre Building. The said building is situated adjacent to the railway stations of Parel as well as Elphinstone Road. In this building, Service Tax-III, IV and Service Tax Audit-I & II has been accommodated. For the first time in the last thirty years, the staff now have a decent place to sit with all the amenities and infrastructure and other basic necessities. Comparing the facilities available at or provided at Madhu Industrial Estate and that at Lotus Info Centre Building are poles apart.

10.     But the outlook of Service Tax Commissionerates in Mumbai, and the respect which it commands today in the Trade, is mainly because of Shri M.R.R. Reddy’s straight forward nature, trade as well as staff friendly, and this has to be seen to be believed. The office premise at Lotus Info Centre as stated above is centrally air conditioned one which will put to shame many of the corporate offices in Mumbai. The facilities, amenities and the infrastructure that is provided at Lotus Info Centre is solely because of the persuasive initiative and attitude adopted by Shri M. R. R. Reddy.

11.     We strongly place on record that Shri M. R. R. Reddy commands great respect amongst the staff as well as trade. The Mumbai Administration is lucky enough to have such an outstanding officers like him whose service is totally dedicated towards the improvement of the Departmental processes and image, as well as to give a hassle free service to the service provider. CESA-Mumbai strongly condemns any allegation, directly or indirectly or remotely leveled against our Commissioner Shri M.R.R. Reddy, who commands respect at such highest levels, both from the industry as well as from the Departmental staff.

12.     Shri M. R. R. Reddy is one of the few officers who have willingly taken up the burdensome & demanding charge of Land & Building and made it possible to place the office and officer in order. Unfortunately, leveling such type of baseless allegations, will surely demoralize, not only the concerned officer but also prevent other senior officers from taking up such onerous responsibilities in future. Hence, it is requested that the representation dated 04-June-2016, which exceeds its brief, should be disposed off accordingly.
Thanking you,
 Yours sincerely,

               Sd/-14-06-2016
   A. K. SASMAL
    General Secretary
Copy to :-
1.    Shri Najib Shah, Chairman, CBEC, New Delhi.
2.    Shri S. C. Varshney, Chief Commissioner, Mumbai Central Excise Zone-I.
3.    Shri Piyusha Patnaik, Chief Commissioner, Mumbai Service Tax Zone.
4.   Shri M. R. R. Reddy, Commissioner, Service Tax-IV, Mumbai.
 
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SAD DEMISE...

23-July-1970 to 21-June-2016
 
Shri Victor Anthony D’Sa, Inspector, ST-Audit-I, while commuting from his house to office, fell down from the local train, near Chunabhatti Rly. Stn. And was rushed to Sion Hospital, but succumbed to his injuries. On that fateful day, there was total chaos, due to the cancellations of several trains on both Harbour & Central Lines, due to some technical snags caused by the monsoon’s first showers.
 
Shri Victor joined the Department in 1993. He resided at Pratiksha Nagar, near Koliwada. He is survived by his wife and son who is studying in the 9th Std. alongwith his ailing parents. He served in various sections of Mumbai CX-Zone-II and was the recipient of an Appreciation Certificate from the then Commissioner of Central Excise, Mumbai-II Commissionerate. He used to represent the Department in the Revenue Sports Meet in Football & Kabbadi.
 
A condolence meeting was held on 22-June-2016 at Lotus Building, Parel(E).
 
CESA-Mumbai expresses its sincere & heartfelt condolences at his sad demise and prays to the Almighty to grant strength and peace to his family during this difficult time.
 
May his soul Rest in Peace.
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Tuesday, June 21, 2016

ARE WE REALLY RAPID & SWIFT ???

In the olden days there was no concept of holding seminars, conventions but regular monthly meetings were held to monitor every aspect of the revenue collections and its myriad functions. Mostly, it led to the dissemination of information. The senior officers of the Department commanded high respect, not only due to the positions they occupied but also as a person. But slowly, over the years, the same has eroded to such an extent that it is now only a show of respect and that too as a formality. 

In the last decade onwards, holding of the Annual Chief Commissioners conferences started, but no one has bothered to monitor what is the fate of the minutes of the earlier conference/s and their outcome, but the rituals are being continued.
 
This year too, but under a new name “Rajasva Gyan Sangam” and the same was presided over by the Hob’ble PM. The same was covered extensively by the print & visual media especially the speech delivered by the PM and the new slogan “RAPID” and “SWIFT”, which stands for Revenue, Accountability, Probity, Information & Digitisation and Single Window Interface for Trade, respectively. He urges the officers to turn the Gyan Sangam into a Karm Sangam so that the idea generated from the conference will lead to concrete action on the ground.

CESA-Mumbai represented to the Chairman and Members of the CBEC to impress upon them the ground reality faced by the field staff and urged them to be bold & brave like the current Chief Justice of India and raising these issues before the Hon’ble PM. The coverage by the print and visual media was mainly about the Hon’ble PM’s mission and speech on the road map. From Board officials, nothing is heard or visible from the print & visual media. TaxIndiaonline has ran a critique of the whole Sangam including both the CBDT and the CBEC in its ambit.  A part of the article of 17-June-2016 is reproduced below :-
In a meeting that was not open to the Press, the Prime Minister interacted with the tax officers. 15 (out of about 300 who attended) IRS officers of CBDT and CBEC (five of them Assistant Commissioners with less than five years of experience) made their suggestions to the PM.
PM knows - Revenue Comes on its own: The Prime Minister made a very significant observation - that 92% of the revenue just flows into the treasury from self assessment, advance tax, TDS etc., The 1.5 lakh strong army of tax officers raise just 8%.
THE IRS View - what they told the PM: If you put together 'THE' and 'IRS', what you get is 'THEIRS'. It is ultimately 'THEIRS'.
 
These are some of the suggestions/views the IRS officers told the PM.

1. Confused - what should be our priority - tax enforcement or taxpayer friendly attitude. We are confused; we are not sure whether tax enforcement is our priority or to be friendly with taxpayers. This is a dilemma that many young IRS officers face and which senior IRS officers refuse to clarify and so over a period of time, the department is full of senior officers who have this dilemma. A young IRS officer told me recently, "I can't understand this tamasha of assessee friendly gesticulations - after all my job is to collect tax from him and he will not like my actions - there is no scope for friendship with him.". A working Chairman of the Board said in one of our meetings, "at the end of the day we are revenue collectors - and that is what matters to us." Recently a young IRS officer asked this question to a senior Judge who told him, "the taxpayer is your master and you are his servant; it is the taxpayer (citizen) who has appointed you and your boss Narendra Modi. It is he who gave you the power to enforce taxes. You should not treat him like a friend; you should treat him like your master. Your Commissioner, your Chairman, Your Finance Minister and your Prime Minister - they are all - all subordinate to him."
2. Tax Facilitation Act: There should be a Tax Facilitation Act written in simple language in all the regional languages, which can be understood by the common man. The Act should specify the norms and policies for collecting any tax from the citizens. There should be a stipulation that any law (notification) will be explained in local simple language.
3. Physical infrastructure in offices should be improved: Augment the resources and tools of the tax officers so that they can be better equipped.
4. Make e-governance internally too: We have e-filing, e-payment etc for the assessees, but still most of the internal communication within the tax offices is still on paper. E-communication within various offices should be enforced.
 

These observations by TIOL were not countered by either of the Boards or its senior officers. If this is the reality in the eyes of the media, then who will respect them as officers of the law and as law enforcers.
CESA-Mumbai has boldly raised the issues pertaining to their staff and career prospects, with the Members and Chairperson of the CBEC Board, but the great opportunity was not utilized by them. They may not have any say in the matter or have chosen to be more courteous and polite in the Sangam except for nodding their heads and agreeing to whatever is said. In reality we know our speed and our difficulties, we know our accountability as well as responsibility, and awareness and the lukewarm responses to queries raised on the helpdesk, so less said the better about digitisation. Keeping Apple computers on their desktops or travelling in the latest model of a vehicle, will not enable to meet the difficulties faced by the Trade as well as the Staff.
About the SWIFT, the implementation was done in Customs whereas the revenue in Service Tax has increased manifold, but their automations are not taken care of. Excuses may be many but we should not wait for the PM or the FM to come and point out the areas which needs to be worked on. It would be better if initiatives are taken on our own before they are pointed out by someone else.
About the simplifications, Service Tax will be one great beneficiary if this is done. In the beginning, it was envisaged that it would be a simple tax like VAT, but now it has become so complicated, like the erstwhile Tariff Item 68. It has also led to increased quantum of litigations where the majority of the staff is engaged in non-productive work and the observation of the Judiciary about the constitutional validity has demoralized them further. The staff is not happy, both on the infrastructure side and on their career progression side. Humiliation from all sides, whether it is from their senior officers, judiciary or the trade, has increased their stress levels to such an extent that it has started seriously affecting their health. The workforce of the CBEC is only second to the Railways but the encouragement, incentives and protections are simply not visible, which discourage a lot.
Seminars and Sangams will go on but our Board officials should learn to carry their staff alongwith them as per the needs and demands of the time. Lest they become mere bystanders at their own seminars and sangams.
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Monday, June 20, 2016

HEARTFELT CONDOLENCES...




It is with a deep sense of shock and dismay that we convey the untimely loss of our beloved ADC Shri Tej Kumar Samant, who was posted to Belapur Commissionerate of CX Mumbai Zone-II and earlier he was posted in Thane I Commissionerate
Shri T K Samant joined the Department as an appraiser in 1987. He has worked in Patna Customs, NACEN-Faridabad & Mumbai. He was one of the most approachable officers of the Department and his demise is a big loss, for both, the Department as well as the staff and officers.
He was suffering from cancer and left for his heavenly abode at midnight yesterday. The last rites were held today at Nerul Crematorium.
CESA-Mumbai prays to the Almighty to grant strength & peace to the family of Shri T K Samant during this trying time.
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Wednesday, June 15, 2016

BE BOLD AND BRAVE...

                                                                                                 Ref: CESA/20/2016
Date: 15-Jun-2016.
Shri. Najib Shah,
The Chairman [CBEC],
North Block,
New Delhi.

             Sub: Request to raise our concerns in the “Rajaswa Gyan Sangam” –

                         like the Hon’ble Chief Justice of India – Reg.

Respected Sir,
For the first time in the history of tax administration, the Hon’ble Prime Minister has shown keen interest and is interacting with the top Tax Administrators of the country, to impress upon them the idea of ‘Make in India’ and pressing for its smooth implementation.
Earlier, in an interaction with the Hon’ble Justices of India, the Hon’ble Chief Justice of India had, without any reservations, boldly expressed the difficulties faced by the judiciary across the country, in the presence of the Hon’ble Prime Minister, which had an instant impact.
Sir, in many Ministry/s of Govt. of India, there are a number of Boards headed by the Senior officers of their respective service/s, who are very pro-staff.  Similarly, in the Finance Department too we have 2 boards, namely, CBEC and CBDT. But as compared to other Boards and CBDT, in CBEC the staff/officers from Group A, B & C, (i.e. top to bottom) are unhappy with the Administration, in their day-to-day functioning.
 Issues are many, but nothing gets resolved, except the file/issue gets tossed around resulting in passing/wasting of time and increasing the frustration levels of the officers/cadre. This attitude coupled with indecisiveness, further irritates, demotivates and demoralizes the employees. Ultimately, this affects the efficiency of the staff/officers, from right from the top to bottom. Many officers are patiently waiting for the implementation of the 7th CPC before opting for VRS, seeing no hope in the improvement/resolution of their grievances or in the advancement of their career progression.
 The pain and the agonizing wait, you had to undergo before your elevation as Member and thereafter as Chairman of CBEC, is known to all. The way the revised Group-A Recruitment Rules have been framed arbitrarily, by not including the temporary 2118 JTS posts, even after it being approved by the Cabinet and thereafter with directions from Mumbai-CAT, has shaken the trust between the staff and Administration.  Further keeping approved posts vacant, at all the levels, in Grp-A, JTS & delaying promotions from Group-B to Group-A has affected your credibility and has dented your well known competency and reputation.  
The occasion of “Rajaswa Gyan Sangam” appears to be the right time, opportunity and the proper forum to raise all the issues which we are facing from all sides, especially in view of switching from the present tax regime to GST. The issues that the staff are facing, as detailed below, needs an immediate redressal :-
Ø  Promotions to Principal Chief Commissioner, Chief Commissioner, Principal Commissioner should take place on an urgent basis and not to keep these positions at Zones, Commissionerate  / Directorates vacant or under ad-hoc or additional Charge ( as approved by the Cabinet in the last restructuring ), causing inconvenience to the Trade and hardship to the staff.

Ø  Promotions from Group-B to Group-A by holding DPC and filling all the temporary posts of 2118 Assistant Commissioners. [Better, if all are upgraded to STS under approval of the Hon’ble PM] Undue delay in holding of DPCs is causing stagnation and aggravating frustrations in the cadre.

Ø  Recently, newly recruited Inspectors as well as direct Group-A officers were posted in various Zones. Mumbai Central Excise Zone got around 800 Inspectors from SSC-GL and more than 20 Assistant Commissioners from UPSC-CS. There is lack of sufficient space for their seating arrangements, not enough residential quarters for them, and they cannot afford private apartments near their place of posting. As like CBDT, who has hired additional premises for residential accommodations for their newly recruited staff, similar steps may be adopted in CBEC too.

Ø  The anomaly in MACP and its implementation, varies from zone to zone and the indifferent attitude by the Administration is forcing the Grp-B cadre to resort to litigation for redressal of their grievances in this area. The need of the hour is to restore the spirit of the ACP/MACP scheme and to grant them the benefits as per the spirit of ACP/MACP and also in view of the various court/CAT judgements in the favour of the officers.

Ø  Due to shortage of funds, the reimbursement of medical claims are remaining pending for more than 3 years, forcing the staff/officer to take highly expensive personal loans to meet their medical expenses.

Ø  Untimely death are many - maximum applications are pending for appointment on compassionate grounds. This area needs an urgent solution and employment to the nearest family member of the departed staff / officer is very essential.

Ø  Position of Infrastructure in Mumbai is very pathetic / insufficient  in as much as, even after expansion, some Commissionerates are still functioning on an as-and-where basis, which  needs immediate intervention, for getting fast approvals (financial as well as administrative) for the hiring of new premises.

Ø  Disposal of vigilance cases in a time-bound and non-discriminatory manner vis-à-vis Grp-A and non-Grp-A officer, as envisaged by the recent Supreme Court order.

Sir, in the field, you were known as the most dynamic, dashing and admired officer and the entire Cadre have high expectations from you.  Since the departure of the earlier Chairman, everything has come to a standstill and the cadre frustration levels have reached alarming levels and may have crossed the saturation point. Therefore, it is requested that immediate promotions at all level/s are carried out, the MACP issue is ironed out & necessary actions are initiated for improvement of infrastructure to bring it at par with the corporate sector, all these are the need of the hour. This is very necessary to motivate the organization & to rejuvenate staff/officers to gear up and implement the new tax regime under GST, which the Government is trying its best to roll out in the near future.
 CESA Mumbai hopes that, you will rise to the occasion and express to the authorities in a bold and brave manner, as our Chief Justice of India had done.
Hoping that this opportunity shall be used for maximum benefit of the decade long stagnated Grp-B officers from Central Excise – who shall be the torch bearers for the successful implementation of GST. 
Thanking you,
  Yours sincerely,

   A. K. SASMAL
    General Secretary
 
Copy to:-
1.            Ms. Vanaja Saran, Member(P&V), CBEC, New Delhi.
2.            Ms. Neerja Shah, Member(Central Excise, CBEC, New Delhi.
3.            Shri B. K. Bansal, Member(Customs), CBEC, New Delhi.
4.            Shri K. K. Sharma, Member(Service Tax), CBEC, New Delhi.
5.            Shri Ram Tirath, Member(Budget), CBEC, New Delhi.
6.       Ms. Ananya Ray, Member(L&J, IT), CBEC, New Delhi.

राजस्व ज्ञानसंगम





Rajaswa Gyan Sangam is scheduled to be held at New Delhi  between 16.06.2016 to 18.06.2016. Administration is busy and nervous to face Shri Modiji as this this is the first time Hon'ble Prime Minister will interact with the Senior Tax Administrators. 

Sunday, June 12, 2016

SAD DEMISE OF OUR BALARAM SIR, JOINT COMMISSIONER, SERVICE TAX-VII MUMBAI


With profound sadness, CESA informs that Shri R. V Balaram, Joint Commissioner of Service Tax-VII, Mumbai, collapsed while on duty in the Headquarter office at Satra Plaza, Vashi, Navi Mumbai,  around 1 pm on 10.06.2016. Within no time, he was rushed to the nearest Hospital for medical assistance, but within 20 minutes, the Almighty took him to his Kingdom. 

Balaram Sir joined as a Direct Recruit Appraiser and has served the Department in Kolkatta, Delhi,  Vizakhpatanam and Hyderabad. Promoted as Assistant Commissioner in the year 2005, he was first posted to Bellary Division of Belgaum Commissionerate. In Bellary, he developed health problems and got his lever transplanted in London. He continued to serve the department as AC/ DC at Hyderabad Central Excise Commissionerate as well as in NACEN, Hyderabad. He graduated from Loyola College, Vijayawada and did his higher studies in Sociology. He got his M.Phil in Political Economics from the University of Hyderabad, and later studied Economics from London School of Economics.  He was much in demand as a guest Lecturer in various European Universities including Oxford University.

He is survived by his wife, two children and his ailing parents. He is blessed with twin sons, who are already bright stars in their own right - one is a School level Maths Olympiad Champion. He had planned to shift his children to Mumbai and had already got their admission in Orchid International School at Thane. His equally qualified spouse had got an open invitation from Tata Institute of Social Sciences, Mumbai.  But destiny was too unkind by not allowing his family to be shifted and settled in Mumbai with him. His father is a retired Indian Forest Service officer, settled at Tiruvar near Vijayawada. His brother was an IPS officer, who was martyred in the line of duty by alleged Naxalites, 2 years back in Andhra Pradesh.

He had multiple health problems but on the unfortunate day, he was cheerful and active as usual. But the attack he suffered was too massive and he could not be revived even with prompt medical assistance. His body was taken to his native place on 10th June and the cremation and last rites were performed today on 12th June, at his home town.

A condolence meeting is scheduled on 13.06.2016 at 11.30 hours at Satra Plaza Conference hall to pay tribute to the departed soul. Though he was with us only for a small period, as an able and well respected academician, teacher and guide, his memories are stamped permanently on all those who had a chance to work with him. By his ever friendly and humble nature, soft and calm attitude and the care and support he gave to the subordinate staff to have a tension–free office atmosphere, he will be remembered for ever.

He was popular wherever he was posted, among the fellow staff as well as Seniors. Whoever had the oppurtunity to listen to his lecture, were mesmerized with his depth of knowledge in the subject and the command of language with smooth narration. Everybody will miss his presence and his passing away is a great loss to the Department. An honest, knowledgeable and down to earth officer is lost for ever.

CESA-Mumbai prays to the Almighty to let the departed soul rest in peace and to give courage & strength to his ailing parents, spouse and children to overcome this irreparable loss.

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