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Central
Excise Superintendents’ Association, Mumbai
Unit of AIACEGEO
( Recognized under F. No. B-12017/10/206-Ad-IV A
dtd. 21-01-2008 )
V.A. Kolhatkar, President A.K. Sasmal- General Secretary
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Mumbai I, II, III,
V, Thane I, II, Belapur, Raigad, Customs
Prev,, Service Tax – I & II Comm’te & L.T.U. Mumbai.
Ref.: CESA/20/2013
Dated: 18-02-2013
To,
The Revenue
Secretary,
Ministry of
Finance,
North
Block, New Delhi
Respected Sir,
Sub: - Celebration of Excise Day – reg.
We are encroaching upon your precious time by inviting
your attention to the communication bearing F. No. EXCD/JC/2013 dated
04.02.2013 (copy enclosed) issued by Additional Commissioner (P&V), Central
Excise, Mumbai-I, on the above subject wherein the date of celebration of
‘Excise Day’ is slated for 25th of February, 2013 instead of the
historically notified date of 24th February.
2. The Board, vide Circular No. 5/94 CX-9 dated 24/1/94 issued under F.No.296/2/94-CX.9 has set the date, aim, manner, content and even
the source of fund for the celebration of ‘Excise Day’. In terms of
the said Circular, ‘Excise Day’ has to be celebrated
on the notified day of 24th February, every year, to instill a sense
of oneness amongst officers of the Department. Being Board Circular, it is binding on every authority
functioning under the Board and no authority should be allowed to defile the
sanctity of the Day.
3. Logically also, whether it is important national days like
Republic day, Independence day, Birthdays of National Leaders, or even in the
case of present day celebrations like mother’s day, father’s day or valentine’s
day, all such occasions are celebrated on a notified day as the particular day
has relevance and historical significance. Along with several colleagues
working in Central Excise formations of Mumbai, the signatory of this letter
was instrumental in organizing the first ever ‘Excise Day’ Celebrations in
Mumbai. We were also instrumental in getting it the official seal and status it
rightly deserved. Hence it is only natural that we feel very sad and deeply
hurt when people, who are unaware of these historical facts, but presently
holding authority, are defying the Board’s circular referred above ignoring the
sanctity of the occasion.
4. Just like the political class who try to outdo one another
in show-off and lavish spending when it comes to occasions like marriage of
their ward by using a mixture of their clout and followers, it is slowly
becoming a trend in ‘Excise Day’ celebrations as well. It has become
practice of the establishment to force their cavalier forces (PROs) to approach
PSUs and celebrities alike for milking funds to celebrate the ‘Excise Day’
function.
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Address for correspondence
Shiv-Gaurav,
Flat No. 10, Plot No. 16, Shiv Ganga Nagar, Ambernath (E) – 421 501.
e-mail : sasmal1@indiatimes.com. Tel. : (0251)
2603806; Cell : 09820950885
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5. Firstly CESA, Mumbai lodges its strong resentment and
protest against changing of date of ‘Excise Day’ Celebration and manner of
raising funds instead of using official funds in Mumbai in violation of Board’s
Circular and as per the whims and fancy of authorities. Secondly, CESA Mumbai condemns the manner and
approach of the Administration in organizing ‘Excise Day’ Celebration in Mumbai
because:
- The Administration of
Service Tax, Mumbai - I Commissionerate which collects Rs. 30,000 Crores from Mumbai failed to
provide a mere three lakh rupees to a Superintendent of Service tax to
undergo bypass surgery, who ultimately died on 23.01.2013, as no funds
were available for medical assistance;
- The word ad-hocism is
synonymous with Service Tax administration. In the absence of sanctioned
strength, many Inspectors and Superintendents were taken on loan basis
from Central Excise to Service Tax Commissionerates. More than 80 such
officers in both these Commissionerates are forced to do their job without
individual tables and chairs;
iii. Service Tax Administration
has completely failed. Officers posted have to fend themselves for basic
infrastructure like sitting space, chairs, tables, stationery, calculators,
computers, printers, all are perennially
short in supply;
iv. No conveyance or
reimbursement is provided to the officers of Anti-evasion and Audit of Service
Tax and they are forced to cough up from their pockets to meet the expenses;
v. The lackadaisical approach
towards complaints of non-functioning / malfunctioning of ACES by the
Administration;
vi. Lack of basic
infrastructure, lack of planning, poor and unhygienic working conditions in
almost all offices and unmanageable number of assessee (more than 2.5 lakhs of
Service Tax assessees alone) are taking a heavy toll on the health and family
of already stressed out cadre of Inspectors and Superintendents leading to
several voluntary retirements and even deaths.
6. Now coming to the manner and method
of hosting the ‘Excise Day’ function in Mumbai this year, the very way it is
being organized goes against the spirit of the projected aim of ‘Excise Day’ is
also defeated, which as per the above said circular is for "instilling a sense of oneness amongst officers of the
Department”. Participation from all the staff is negligible as no event
wherein in-house talent could be promoted or any event which can ensure mass
participation are organized. For example:
1.
In
house seminars on any topic;
2.
Blood
donation camps or health checkups;
3.
Quiz
competition;
4.
Indoor
or outdoor sports or games;
5.
Literary event like writing or reading of poems or
articles or
6.
Public
redressal week etc.
7. Moreover, there is gross mis-utilisation of the Secret
Service fund. This fund is supposed to be used exclusively for anti-evasion
work, for cultivating informants, which in turn will curb evasion and leakage
of revenue. However, this money is diverted for funding Excise Day function or
even for personal use. Obviously this can be made possible by preparing
quarterly bogus vouchers signed by the Senior Officers from the Anti-evasion
Section of each Commissionerate. Rs. 30,000/- per Commissionerate is being
collected this year from the Commissionerates in Mumbai to fund the
Celebration.
8. Administration has diverted large number of staff, who were
originally taken on loan basis from Central Excise Commissionerate to fill the
shortage of manpower in Service Tax side, for organizing ‘Excise Day’ Celebration.
This is criminal waste of man power which is badly affecting the regular and
time bound work of revenue collection.
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9. Around 25 poor contingency employees, whose wages have not
been paid by the Administration for the last three months, are exploited and
inhumanly asked to work for organizing the function.
10. In the Celebration programme schedule, there is an orchestra
by outside artists. Sir, the
defaulters of Service Tax under the category of event management or other
performing artists are normally called and felicitated. As they are forced
to come by the mighty administration, they do come unwillingly. Irony is that
some of the performers though are tax defaulters but have liberty to taunt the
department by using vulgar / un- parliamentary language, which is evident from
the CD of the last Year’s Excise day programme. However, the senior officers of
the department, forgetting such insults on one side and the sacrifices of the
field officers on other side, make a beeline for posing with them and using the
occasion as a photo session with such personalities.
11. Sir, you may recall that on Customs side the change in date of
celebration of WCO function from 26.01.2013 to 05.02.2013 is
notified on 31.12.2012. However, for ‘Excise Day’ there is no such
notification or announcement. It may be noted that the Excise day is
celebrated on 24th February as on that day accent to the Central
Excise Act was given.
12. Above all, due to the repeated neglect and failure of the
Administration in so many fronts the lofty aim of Celebrating Excise Day,
namely to instill a sense of oneness & belongingness amongst the
departmental personnel no longer exists.
13. It is, therefore, humbly requested to
kindly intervene and ensure historical sanctity of the ‘Excise day’ to be
celebrated only on 24th of February. Still if the Administration is
adamant to celebrate it on any other day convenient to them as they have the
power and resources at their disposal, which is beyond scrutiny, then they may
do so. However, kindly ensure that in the banners and invitation cards the word
‘Excise Day’ may not be used and instead the word ‘CENTRAL EXCISE FUNCTION’ may
be used.
Yours
sincerely,
A.K.
SASMAL
General
Secretary
Encl.:
As above
Copy
to :
1. Hon’ble Chairperson, CBEC, Ministry of Finance, North Block, New Delhi.
2. Hon’ble Member, Service Tax, C.B.E.C. North Block, New Delhi.
3. Hon’ble Member, (P & V), C.B.E.C., North Block, New Delhi.
4. Hon’ble Chief Commissioner, C. Ex., Mumbai
Zone – I, Zone – II & Customs Zone-III.
5. Director General, HRD, New Delhi.
6. Secretary General, A.I.A.C.E.G.E.O.,
New Delhi.