The above advertisement has been released by the Board in all the major newspapers on the 24-Dec-2015.
Is this in reply to the observations raised by the CAG on the milestones that were not adhered to and to the overall usability and functionality of the whole ACES programme ?
The following table will compare the claims by the Board and the actual ground reality :-
1) e-Registrations - 17 Lakh registrations :-
Module fully functional - the figure of 17 Lakh registrants was already
mentioned by the then FM in his Budget speech in Feb-2012, before the
introduction of VCES and out of of which only around 7 Lakh registrants are
duty paying assessees.
How come the number of Registrants in ACES have not changed even after almost 4 years ?
The Registration module has also not been modified in line with the
Notification No.7/2015-CE(NT) dated 01.03.2015. There is no facility to cancel
the registration and/or revive the registration as per the new procedure.
2) e-Filing of Returns - 1.47 Crores Returns have been filed - 100% revenue
paid online :-
Returns filing module fully functional - However the whole purpose of
filing returns electronically is lost if the same is not subject to scrutiny
& verification by the Range officers & their supervisory officers.
Also the "check" that the next Return cannot be taken up for scrutiny & verification if the previous Return has not been cleared by the concerned AC/DC is a very big stumbling block.
The divisional AC/DC is also unable to monitor the pendency of RnC at field
level, since there is no provision to
know the same at his end. Further, the AC/DC cannot see the number of Returns
which have undergone RnC during the month or during a particular period. The MIS is
completely missing on this count.
Despite the computerization, the amount of duty short paid or not paid by an
assessee and the interest to be paid by the said assessee has to be calculated
manually.
3) e-Payment of duty - 100% of Revenue paid online - 3.78 Cr Tax Challans
processed :-
e-Payment of all Central Excise and Service Tax duties have been made
mandatory to be done through electronic banking and this module is fully
functional.
Total Gross Revenue figures are available through the NSDL website. However, the same is not very user-friendly w.r.t. the amount of duty paid over a period, which has to be calculated manually.
Unfortunately, there is also no breakup of the revenue collected - duty received through self-assessment, duty recovered through Anti-evasion measures, Audit mechanism, Tax arrears recovery, monies as pre-deposit etc., which forces the lower formations to keep track of the same and prepare monthly reports to appraise their senior officers (going upto the Board level) who in turn have no mechanism of verifying whether the figures reported are correct or otherwise.
4) e-Refund / Rebate :-
The module of filing of Refund / Rebate claims electronically through
ACES is functional, but the same has not been made mandatory because of which
the claims are also being filed manually.
This increases the interface between
the assessee and the Department officials which defeats the very purpose of
Automation of services. Also adds to the burden of increased reports that are
to be prepared by the lower field formations and the compilation of these
reports at the higher levels, as mentioned in earlier point above.
It is also a fact that all the refunds/rebate amounts are being credited
directly into the assessee's bank account through RTGS/NEFT.
However, there is no provision for bunching of rebate claims of a particular
assesee in the Refund module, as such the
work of officers will increase. In order to reduce the work, the
bunching provision should be made in the Refund module.
5) Instant e-Acknowledgement with Unique Identifier / Unique Identifier to know status of documents :-
This
is functional and the pendency status is known to the assessee at any time.
6) Dispute Redressal :-
The module for Dispute Resolution in ACES is fully functional but not
made operational (i.e. not wanting to be used by Senior Officers because of
accountability issues, hence discouraging the lower officers from using it).
Famous case of an officer being thrown out of LTU-Mumbai for using the said module for putting up SCNs for approval and the senior officer not being happy about the same.
The Board also does not appear to be very keen about making the usage of this module mandatory for the very same reasons.
Also this is very convenient for the Grp-A officers as there is no track of the quantum of adjudications done by them or the utter lack of it !!
The lower officers are asked to cook-up/manipulate figures to be shown in their adjudication performances report without any mechanism for the figures to be verified and none (upto the Board) being any wiser.
7) 24 x 7 e-Office :-
e-Office (are they referring to the software developed & deployed by
NIC ?) is supposed to be used for making an office paperless !!
Is the Board sure that they have implemented the concept of a paperless office
across all Central Excise & Service Tax offices in India ?
Is the Board themselves following the concept of a paperless office or is it that the advice is meant only for the sub-ordinate offices ?
Kindly refer to the website (https://www.aces.gov.in/CFC.jsp) wherein it
is mentioned that the Board has entered into MOUs with the ICAI, ICWAI and the
ICSI for setting up of ACES Certified Facilitation Centres (CFCs) by the
members of these organisations.
The Board seems keen to replicate the Customs (CHA) model in Central Excise & Service Tax by roping in these organisations.
But they seem oblivious to the fact that payment to these CFCs by the assessees will in fact increase the cost of doing business and will also decrease the "ease" of doing business in India !!
9) Export Modules :-
Although the module is available, the use of this Export module has not
been operationalised. Due to this, the assessee has to visit the range offices even for obtaining
CT-1,CT-2 & CT-3 certificate and also for getting the signature of the Range
Officers on ARE-1, although the export is being done under self-sealing.
10) Infrastructure facility at the field level :-
Mumbai, the commercial capital of India, is contributing almost 16% of the All India Revenue in Central Excise & around 34% of the All India Revenue in Service Tax, but is severely lacking ACES infrastructure.
In Central Excise Zone-I
Mumbai, all the four Central Excise Comissionerates (i.e. Mumbai-I,
Mumbai-IV, Thane-I & Thane-II) do not have full fledged ACES facility.
Similar is the fate of LTU-Mumbai and LTU-Audit.
In Service Tax, all the Seven
Commissionerates, do not have full fledged ACES facility - LAN, WAN and
Thin Clients. Moreover, in Service Tax, Officers do not have sufficient number of desktop
computers and are forced to share computers.
All the three Service Tax Audit Commissionerates and the two Central Excise
Audit Commissionerates do not have laptop/desktop Computers. Even the
Administration does not have sufficient funds under the IT head to purchase the desktops for
their own officers.
Worse, the ACES system is so slow. This may be due to thin
clients having only 512 MB RAM instead of having at least 2 to 4 GB RAM. It may also be due the low-bandwidth lines used for WAN connectivity.
Board has expressed its inability to improve / add to the ACES
facility till April-2016.
CBEC while
advertising should be truthful about their ability to serve their staff and the trade.
They are far behind than the State VAT as administered by various States having
only one Commercial Commissioner to head the Department.
Kindly refer to the earlier post "Automation of CBEC in CAGs eye" on the 23-Dec-2015, which is totally contrary to the claim of the Board in the above shown advertisement.
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