Atleast learn from a farmer,(in human working and office condition plus a tragic end of a dynamic officer)Atleast learn from a farmer,(in human working and office condition plus a tragic end of a dynamic officer)

 

CESA MUMBAI

CIRCULAR No. 1/2013

Dear Members,

The celebration of the New Year 2013 was cold because of the 16^th December, 2012 New Delhi incident that shook the entire country. People came on road openly demanding safety, respect and dignity. The Government was forced to wake up due to mass agitation. The expectation of our cadre in the year 2012 of cadre restructuring, promotions etc. remained an illusion due to the constant systematic neglecting attitude of the CBEC. The same remorse feeling is prevailing and the officers are retiring with sour heart.

SERVICE TAX: As the situation and the working condition in the Service Tax is alarming the steps initiated by CESA, Mumbai Unit to tackle the same are as under:

The Managing Committee Meeting of CESA, Mumbai was held at NACEN, Bhandup on 11.01.2013 and had a detailed discussion apart from other issues relating to Service Tax, Infrastructure, Work-load, Lack of supporting Staff and unruly behavior of the Senior Officers. In this regard, CESA, Mumbai has passed a resolution and forwarded it to the Finance Minister and copy endorsed to the Revenue Secretary, Chairperson and Member (P&V) & Member (Service Tax), C.B.E.C. The workload in the Service Tax as well as the Revenue has increased manifold. The Department does not have the vision how to mop-up the revenue and plug the leakage except giving threats to the field staff. The Senior Officers have been sent to Foreign Countries to learn their tax collection pattern so that the same may be adopted here. India is basically an Agricultural Country and instead of spending Crores of Rupees on foreign travels, we should learn, at-least, from our own farmers. For example, in villages after harvesting the poor farmer carry their crops on their head and deposit in one place, the small time farmer carry their crops on bullock cart whereas the rich farmer carry their crops on tractors. The mode of carrying and using the carrier varies from head-load to bullock cart to truck. Many of us in our childhood have witnessed that no one can carry anything beyond their strength and capability whether it is head-load or bullock cart or tractor/truck. Sometimes it happens, the miser loads in excess which results in dropping of the grains. Similarly, we have also witnessed when excess grains are loaded in the cart, the bullocks are unable to carry, become breathless, kneel & collapse. When such incidence happens, the farmer realizes and immediately loosen the rope and bifurcate the load and transports it in multiple batches. Even the vision prevailing among the ordinary farmer is lacking at our top level.

The imposition and collection of Service Tax revenue started from 1994 with
4 services (now no services are left out except negative list) and now it has reached 2.5 lakh assessees and revenue up-to December, 2012 has touched Rs.30,000 Crores in Mumbai itself. With a skeletal staff, without increasing the Commissionerates / Divisions the administration is managing the show with the existing 2 Commissionerates and 6 Divisions. Even the condition of Service Tax wing of Raigad Commissionerate, having 10,000 assessees and yielding a Revenue of Rs. 500 Crores annually, is in the same apathetic condition without proper amenities, infrastructure end even without a regular Assistant Commissioner. CESA made several representations and met several senior officers who are not sensitive to the issues, which compelled us to pass the resolution (copy annexed).

 2/…

Address for correspondence

Shiv-Gaurav, Flat No. 10, Plot No. 16, Shiv Ganga Nagar, Ambernath (E) – 421 501.

e-mail : sasmal2011@gmail.com Tel. : (0251) 2603806; Cell : 09820950885

 2 

No officer should attend office on Saturdays/Sundays and Public Holidays except on exigency grounds or involve themselves in freezing bank accounts without authority of law. Similarly, no PRO work except protocol to be carried out. Do not carry your own laptop or request your colleague to share their chair/table/computer/printer/internet. Do not move from your office to any places unless the vehicle/facility/remuneration is provided to you.

If situation doesn’t improve, be prepared to work in the open area of office premises on 22^nd February 2013 to register our protest. Dear Members, Now the time has come to be bold and strong, and face the situation as the Administration except creating pressure tactics or issue threat of disciplinary proceedings to get the enormous work done without providing the basic facilities like working space, table & chairs, supporting staff etc... The Service Tax Commissionerate in Chennai and Banagalore was formed much later and they have their own premises, but it is shame that we still do not have our own premises. We have tolerated enough, our safety and respect and dignity to be maintained.

A Tragic End of a Dynamic Officer:

We lost a dynamic officer Shri. S.P. Mane, Superintendent, Service Tax – I (Audit), Mumbai on 23.01.2013 due to heart attack. Condolence Meeting was held on 24.01.2013. CESA express its heartfelt condolences to the grieved family and pray the Almighty “Let the Departed Soul Rest in Peace and give courage and strength to the family”. A Telegram (copy enclosed) was sent to the Finance Minister copy endorsed to Revenue Secretary, Chairperson, Member (P&V), Member (Service Tax) of CBEC to express our agony.

TELEGRAM TO FM

In continuation to our letter dated 18.01.2013 (Resolution dated 11.01.2013 by CESA, Mumbai), while the ink of the communication is yet to dry, one more casualty in the cadre of Superintendent, one of the best officers posted in Service Tax, Mumbai – I passed away due to massive heart attack.

This is yet another unfortunate incident stirring our souls. The loss of Shri S.P. Mane at the age of 53 is an irreparable damage caused to his family, for which the callous attitude of the Service Tax Administration is solely responsible.

It’s high time for Hon’ble Finance Minister to intervene and sensitise the administration for immediate remedial action to avoid any further recurrence of such unfortunate incident.

Dated: 23.01.2013 CESA, Mumbai

Copy: Revenue Secretary, Chairperson, Member (P & V), Member (Service Tax), C.B.E.C., New Delhi.

Shri. S.P. Mane was one of the jewel of the Department who excelled wherever he was posted whether in Excise (Prev.) or Customs (Prev.) or Commissioner (Appeals), Service Tax etc. He brought many laurels, appreciations on account of his excellent and sincere work. Within a span of 10 months he single handedly detected Service Tax evasion of Rs. 30 crores revenue and got realized Rs. 21 crores. Recently, he detected evasion to the tune of Rs. 10 Crores by Al Arabiya Airlines who have already paid around Rs. 9 crores. Investigations of similar evasion of Service Tax by Singapore, Swiss, Gulf, Kuwait and Emirates Airlines are in pipeline. Earlier he received appreciation for detection of unique modus operandi adopted by Hyatt International, and modus operandi circular was also issued. He was a good colleague and friendly and was always helpful to those in crisis.

For such an outstanding officer it is tragic to share that he had done his angiography on 12^th January and was in office even on 19^th January attending his work. He got admitted on 20^th evening, by-pass surgery was scheduled on 21^st and before reaching the operation theatre he suffered a massive heart attack around 8:00 a.m.

Shri. Mane had applied for medical advance of around Rs. 3 lakhs. Shockingly the application remained in the file as there was no grant. This is the tragedy of a Superintendent who recovered around Rs. 30 crores and the department could not advance even Rs. 3 lakhs.

The departure of Shri. Mane has created a vacuum in the office which can be filed up by his colleague but the space in his family and home will always remain empty.

 3/…

 3 

Felicitation function :

For the second consecutive year the felicitation of retired Superintendents was held: This time at NACEN, Bhandup for Superintendents retired during January to December, 2012. Shri S.P. Bhadagaonkar aged 94 years who joined the Department in 1941 and retired as Superintendent in 1977 was also felicitated. A directory of all retired Superintendents of 2012 was also released by him. The felicitation function was reported in Tax India on line and CENGO India blog post and cesamumbai2013.blogpost.com.

CONCLUSION:

In our forthcoming Circular we will appraise you in detail as well as the call by the All India Body about the agitation programme and boycott of Celebration of Excise Day

Dear Members, the blood given by our fellow officers for Shri Mane, and his abrupt demise should not be forgotten. Be serious to take care of your own health. Take timely leave and medical check-up - do not postpone or wait for a crisis.

Dear friends, your whole hearted participation supporting our resolution passed by CESA, Mumbai is expected and strive till the Administration wakes-up and redress our genuine grievances.

Encl : As above. Mumbai, 28/01/2013.

Yours sincerely, A.K. Sasmal General Secretary

 4/…