cesa mumbai letter to revenue secretary

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 25^th of February, 2013 instead of the historically notified date of 24^th 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 24^th 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:

1. 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;
2. 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 24^th 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 24^th 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.