BREAKING NEWS
As required, the draft/approved copy of the Affidavit, to be filed before the Chennai CAT has not yet been received from New Delhi, which is vital for the ASG, before facing the CAT Bench and requesting for vacation of the stay for holding of DPC for promotions from Supdt. Grp-B to AC, Grp-A.
Pursuing with senior officers in New Delhi for forwarding the required affidavit before the end of the day (29-Nov-2016), so that the same can be filed by tomorrow (30-Nov-2016)...
Meeting for Regularisation of posts
As scheduled, the meeting
was held on 25th Nov., 2016 at 03.00 PM under the Chairmanship of DG
(HRD) at his office at New Delhi.
The delegations impressed
upon the Chairman and expressed its resentment that the Board is always biased,
prejudiced and discriminatory towards the Central Excise Cadre. The Cadre is compelled
to approach the judiciary, time and again, to get justice. Worse, when justice
was delivered by any of the Judicial pronouncements, including the Supreme
Court, the same are watered down, altered and interpreted only with prospective
effect. If the Board is sincere in its approach, whatever injustice has been
caused to the cadre, should be rectified first before holding of the DPC for
regularization from ad-hoc to permanent.
The status of the cadre is
not properly maintained, either at the entry level or for a given period or any
subsequent level. The Board shows their favoritism towards the Appraiser cadre
at cost of the Central Excise cadre and the Customs(Prev.) Cadre.
Recently, while approving
the 2014 Cadre Restructuring proposal, before the Cabinet, they were very well
aware that the Superintendent Cadre is a hugely stagnated cadre and accordingly propose to devise mechanism for removal of stagnation. But In spite of
this, the whole 2014 CR exercise appears to be a mechanism for improving the promotional avenues for the
Appraiser cadre !!!
When the Central Excise Cadre protest against the favouritism shown, they constitute a committee for
proposing ways & means for reducing the stagnation in the Central Excise
cadre and in the Customs(Prev.) cadre. Earlier reports submitted by such
similarly constituted committees like the Aggrawal Committee, Chand Committee and Gorilal
Committee, still remains in the cupboard and has not seen the light of the day.
If the Board is serious
about the cadre, they should devise a separate Service Cadre or eligibility fixed
according to the length of Service etc. The approach of the authority is non-committal.
Secretary General has submitted a memorandum for solution to various bottlenecks in timely promotions
and assured to submit more details if required by the Board to resolve the
issue in a fair manner.
In the meeting, the issue
of holding of DPC was raised. The Association expressed its resentment on the
grounds that the Board is not showing any eagerness in resolving litigation, as
arising in the Chennai CAT judgment, as compared to the eagerness shown by Board
officials in the cases filed in Mumbai and Allahabad CAT.
DG assured that he will
inform Member (P&V) and Chairman to instruct CC Chennai to ensure that ASG appears
before the Chennai CAT bench on 01-Dec-2016, for removal of stay for holding
DPC. Secretary General expressed that the Board is also not following DoPT
instructions, like DoPT OM dated 30-Mar-1988. The delegations also assured that
they will render all support to the Board to ensure that the stay is vacated.
Lastly, it was urged that the
service rendered as ad-hoc / temporary Asstt. Commissioner is to be counted for
further promotions because the RRs of IRS, very clearly include
regular as well as temporary posts under the definition of ‘post’.
The
same uniform formula should kindly be
adopted for all the three cadres as adopted for the regularization
of promotee officers of Appraiser stream and Central Excise stream. Association
came to know that the names of retired officers of Appraiser stream have not
been included for regularization whereas names of retired officers of Central
Excise stream have been included, thereby placing these officers at a great loss.
It was urged that at least the Board should be fair, both in their assurances as well as in their actions...
It was urged that at least the Board should be fair, both in their assurances as well as in their actions...
Jerk of GST - E-commerce firms to deduct
TCS under GST
TCS under GST
E-commerce operators like Flipkart and
Snapdeal will have to deduct TCS (tax collected at source) while making
payments to their suppliers, according to the new model GST law, which has done
away with the definition of ‘aggregator’. Explaining the changes in the
provision, experts said the proposal would increase the compliance burden on
e-commerce operators as they would have to deduct two per cent TCS and deposit
it with the government. The measure, Nangia and Co-director Rajat Mohan said,
would not increase the incidence of taxation on the consumers as the supplier
will get tax credit for the TCS.
The
model GST law provides for one per cent TCS to be deducted by the e-commerce
operators. According to experts, this would mean that a similar amount would
have to be levied on inter-state movement of goods, taking the total TCS
deduction to two per cent, although the burden on the consumers will not
increase. Mohan further said in case of return of goods by the consumer, the
e-commerce companies would not have to deduct TCS as there was no actual sale.
The draft
model GST law does not provide any definition of ‘aggregators’, saying that the
government would later come out with a notification specifying which type of
businesses would be covered under the term. Aggregators mainly include Ola,
Uber and UrbanClap which work as platforms for providing transport and other
services. The TCS provision will not apply to aggregators.
E-commerce
companies will also have to file returns on the TCS deductions. The model law
has defined ‘electronic commerce’ as supply of goods or services, including
digital products, over electronic network. ‘Electronic commerce operator’ would
mean those persons who own, operate or manage digital or electronic facility or
platform for electronic commerce.
From
Sources:-
Law
should not be low
“This can only happen in India…” is not the
dialogue of an Hindi Film, but in reality, all the jewellery shops were open
across the country and they had nothing left in their stock to sell on the
historic night i.e. 08th Nov., 2016. During the last Budget, when the same
fraternity was brought under control of excise, they had gone on strike against
the Central Excise Department, stating that their bonafideness, rights and
previleges will be curtailed by the Department.
Now see, what is the trade, who are the traders,
and who are the advisors of the trade to suppress their books of accounts as
well as abetting tax-evasion. When survival become imminent then ‘moral’ and ‘immoral’ remains
a word in the dictionary.
Now, GST is in the pipeline and the tax regime
will be changed but yesterday, there was an allegation about Inspector-Raj. The
Govt. allays fears of Inspector Raj under GST. Addressing fears that an anti-profiteering
clause in the draft Goods and Services Tax law may spell the return of the
Inspector-Raj. The clause is an enabling provision to safeguard the spirit of
the law. In GSTN, when everything is auto-populated in the system and there is
a mechanism for matching records as well as for granting a personal hearing as
well as for settlement in every mode, then why do they fear so much ? It appears
that their past activity and their unwillingness for complying with GST documentation
requirements are with a clear intention to derail the process, so as to create
panic and havoc. They do not want any control, they do not want anyone to rein
them, and whatever documents are submitted by them are to be accepted without
any verification. In other words, they
want to operate at their sweet will and whims.
Jewellers
delete CCTV footage to foil I-T raids
After over 600 jewellers in New Delhi received income tax
(I-T) notices following reports of massive gold sales in lieu of the old high denomination currency
notes, the I-T department has issued notices asking for their account details
and CCTV footage. A Karol Bagh-based jeweller said, “Of course, all such transactions
were made under the table. They had to be kept secret. To escape raids and
other legal hassles, we’ve shown in our books that the money was generated from
cash sales till November 8. Hence, CCTV footage had to be destroyed.” Jewellers
told Express that many shop owners have destroyed CCTV content on some pretext
or the other. Major jewellery markets also downed their shutters to escape I-T
raids. Some even took advice from chartered accountants to show backdated
transactions.
A jeweller in Chandni Chowk said many businessmen like
him have resorted to stratagems such as destroying CCTV footage to escape the
Income Tax net. He said manipulation was done at many levels. “We sold gold at
very high margins after the announcement of ban. People were willing to buy
gold and we were happy to make profits. Now, what can I-T officials do if our
CCTV cameras are defective and have not been working for the past few days? We
had installed the cameras for our own safety and security,” he added.
Kutcha Mahajani, the biggest wholesale market for gold
jewellery in Delhi, also witnessed massive business, after which, raids were
conducted at some shops. “We closed our shops for over 10 days to avoid raids,”
said a jeweller.
From Sources:-
************************
