Tuesday, May 5, 2015

FILING OF COMMISSIONERS AND RELIEVING OF EXERTION & STOPPING OF MERRY-GO-ROUND

                                                                                                                  Ref: CESA/27/2015
                                                                                                                  Date: 05.05 2015.
Shri. Shaktikant Das,
Hon’ble Revenue Secretary, Ministry of Finance,
Government of India, New Delhi.

Shri. Kaushal Srivastav,
Hon’ble Chairman, CBEC,
Government of India, New Delhi.

            Sub:    Request for filling the post of Commissioners in Central Excise & Service
                        Tax, and utilization of manpower in a productive manner – reg.       

Respected Sir,

            This is to bring to your kind notice, that after Cadre Restructuring and Reorganization of the Commissionerates, new Commissionerates have been formed.   Since October 2014, in Mumbai, 7 Service tax Commissionerates, 3 Audit Commissionerates came into existence in Service tax zone and 3 Audit Commissionerates in Central Excise and one Audit Commissionerate in LTU were formed.  However even after a lapse of 6 months, many Commissionerates are still in operation without regular Commissioners. This type of CR and reorganization of the Commissionerates no one have imagined where there will be no Commissioner’s & Inspector’s, subordinate staff and without infrastructure and other facilities.

            Mumbai Service Tax Zone collected Service Tax exceeding the revenue target and the total collection of Service Tax is around Rs. 56.5 thousand crores which is over and above the target fixed for the Zone, and is 33% of the entire tax collection of the country.  The performance of Audit Commissionerates of Service Tax is also commendable.  The expectations from officers are very high but when question comes to deliver them the proper working condition we find there is no accountability at any level. This is in the face of best efforts by the local authorities.  Things are not moving ahead or stand still in various spheres like filling of vacant posts, hiring of buildings for newly created offices and providing infrastructure for working, etc.


            In Service Tax IV, V & VII, Commissionerates, no regular Commissioner has been posted and the officer to whom the additional charge is entrusted is operating from the office located at Churchgate, Mumbai.  The field staff are sitting in different location/ premises far away from Churchgate,  e.g. Service Tax IV is situated in Lotus Building, Parel, Service Tax V situated in BKC, and Service Tax VII is situated at Dharavi.  But Commissioners, who are holding charge of these Commissionerates, sit at Churchgate office and all the officers have to come all the way to Churchgate for office work, sanctions and approvals.  Terrible strain is caused on the officer and time is wasted for these movements and many times the officers have to go around several times for a simple approval.   Not to mention the money an officer has to spend from their pocket, as well as mental and physical exertion.
              
               In CBEC, there is no shortage of Officers in the rank of Commissioners, as
is in the case of Inspectors.  Due to non posting of regular Commissioners, the work of the Commissionerates are severely hampered from all corners and the lower field staff are the worst victim of this disorganized way of working, since they are held responsible for discharge of time-bound work with or without proper facility.  This causes increase in stress level of the field officers, who are already frustrated due to the poor prospects in their Career progression and forced to attend all sorts of work in a time bound manner.  
            
            Mumbai gives the maximum Revenue and has potential to fetch more as can be visualized the VCES Scheme declared for tax evaders has crossed the expectation of the Ministry that itself shows that whatever is coming is not on their own but just out of fear and what is evaded is far more, as these evaders are aware that the Government mechanism is weak and insufficient to book them for their evasionIn Mumbai Zone, 3 executive Service Tax Commissionerates, one Audit Commissionerate in Central Excise and One Audit Commissionerate in Service Tax are vacant. 
            
            CESA suggests that for better Tax Administration and to reduce the exertion to the field staff, in carrying out nonproductive work of carrying files from one office to another office and waiting before the authorities for hours together for their instructions and directions, is non wisely and is not economical in any aspect except creating pressure among the staff In a short span more than 8 Superintendents have expired on account of heart attack and many more officers are denied of their leave, LTC, HTC, etc forcing them to work beyond office hours and on holidays.   Further, to motivate the staff, all modules of the ACES system be made functional and be implemented strictly, as this will save time and energy and bring in transparency and improve the disposal rate.   It is in the knowledge of everyone concerned that the Department is short staffed in the cadres of Inspectors and the entire force is exhausted and frustrated and is likely to collapse as it has reached its saturation level from April to March, each passing year.    

            CESA hopes that your good self will intervene and will not allow to keep vacant any post of Commissioners, executive or Audit Commissionerate in Central Excise and Service Tax in Mumbai, for the sake of Revenue and to give relief to the field officers, whose service can be utilized in a prudent manner.  

            Thanking you,
Yours Sincerely,



(A.K.SASMAL)
General Secretary
Copy to :
1.    Ms. Joykumari Chander, Hon’ble Member (P & V), CBEC, New Delhi, for kind information and also with a request to post Commissioners in Mumbai Central Excise and Service Tax Zone.

2.    Principal Chief Commissioner, Central Excise and Service Tax, Mumbai Zone, for kind information also with a request to report to the Board not to keep the post of Commissioners, vacant in Mumbai Central Excise and Service Tax.  

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