Wednesday, December 23, 2015

AUTOMATION OF CBEC IN CAG'S EYE




CESA Mumbai in its various representations has taken up the issue of automation of our department with Chairman, CBEC, i/c Members of Central Excise, Service Tax,  P& V,  Systems, i/c Member of Mumbai zone, as well as submitted our representation to CERA  during their inspections in service tax Commissionerates of Mumbai.

Several Members of the Board visit and hold meeting  periodically in Mumbai as well as in Delhi with Chief Commissioners  and Commissioners but the very important item of work i.e. satisfactory functioning of ACES, whenever brought to their notice, are tactfully avoided.
 
We are pleased that majority of our suggestions have been taken note of and referred to by the CAG in its report on Automation of CBEC and their suggestions to improve  the system has been tabled in the Parliament on 18.12.2015. Summary of the same are as under:

“Executive summary

We conducted the Performance Audit to seek an assurance whether the objectives of Automation of Central Excise and Service Tax (ACES) framed by the department have been achieved. We also examined the extent of utilisation of ACES in the field formations of the Board. The Performance Audit was conducted in 40 selected Commissionerates apart from the office of the Directorate General of Systems and Data Management.

The Performance Audit revealed certain inadequacies both of system as well as compliance issues relating to the working of ACES.

a.      There was no provision in ACES for selection of returns for detailed scrutiny on the basis of in built risk parameters. Further, no time limit for review of marked returns was inserted in the Return module.

b.      There was no provision in ACES to upload/attach any documents and also no provision for digital signature.
c.        The role of legal, adjudication, preventive/anti evasion wing etc., were not mapped in 33 Commissionerates out of 40 selected Commissionerates and also no access provided to Inspector level officials.

d.       We observed that only three modules (Access Control Logic, Registration and Return) out of the ten modules in ACES are being utilised by the stake holders.

e.       We observed that a large number of returns for Central Excise and Service Tax are being marked for Review and Correction due to small errors which can be addressed by having proper/strong validations.

f.         We observed that non-conducting of trainings, seminars/workshops is one of the main reasons for skewed utilisation of ACES.

g.         We observed that even after five years of implementation of ACES, no post implementation review of ACES was carried out.

Summary of Recommendations

1.        There is a need to simplify the cumbersome procedure adopted in respect of mapping of employees in ACES to save man days that go unutilised during the period of assignment of roles in ACES.

2.        Provision for complete linking of outstanding liabilities to processing surrender applications may be introduced by making the liabilities available offline a part of ACES.

3.        In view of Ministry’s commitment to grant registration in two days to overcome delay in issue of Registration certificates, prompt completion of Physical Verification must be ensured.

4.        Electronic filing may be made mandatory for compulsory intimations such as Invoice Books and Records maintenance and CLI module may be introduced for ST also so as to ultimately reduce the interface of the assessees with the departmental officers.

5.        There is a need to revisit/update the systems to make all the modules operational so as to generate required Management Information System from ACES, given that ACES is being implemented for more than five years.

6.        In view of a very low/partial utilisation of Provisional Assessment, Export, Refund, Claims and Intimations, Dispute Settlement Resolution and Audit modules by department/assessees, the Department may review the usage of all modules, and take action to identify and remove bottlenecks to make the system user friendly and result oriented.

7.        Department may make a strategic plan to provide need based and structured training to employees and to conduct awareness seminars for assessees and periodically review the same.”

Let us hope the coming New Year will bring positive changes for the betterment of staff as well as the trade once the system is made fully online thereby complying with the objective of true tax payer compliance. 

Tuesday, December 22, 2015

FOR THE ELITE..... RULE OR NO RULE....


"Life is like the ocean...
     Waves will try to knock you down
          and push you back to where you started...
But....
     once you fight through them,
     The entire ocean is yours..."


      A Miscellaneous Application has been filed in Mumbai-CAT by the Deptt. of Revenue seeking a lifting of the Stay Order on the publication of the Notification of the Grp-A Recruitment Rules.
      The Deptt. is pressing for a hearing 'high on Board'  for tomorrow, i.e. on 23-Dec-2015.  Officers from DG(HRD), New Delhi is likely to be in Mumbai to brief their Counsel/s for getting the stay vacated so that they can hold DPC and shower promotions on their PCs / CCs.

***************
      The application listed in Principal CAT, New Delhi, is adjourned to 08-Jan-2016.
***************

Monday, December 21, 2015

THIN LINE BETWEEN THE FIGHT AND RIGHT...





     No DPC has been held from 2014 – as on date there are  1750+ posts which are lying vacant due to retirement of officers promoted on temporary/adhoc basis. Board is dilly-dallying holding of DPC on the pretext of litigation.

     The OA filed in Principal Bench of CAT, New Delhi, was scheduled to be heard on 17.12.2015 and adjourned to 18.12.2015. Some drama took place and thereafter it was listed for hearing on 22.12.2015. All are having their eyes on the decision of the Principal CAT.

     We are receiving lot of queries in this regard. In various CAT, CBEC has submitted and have sought adjournment of hearing to obtain an opinion on the “law of the land” with respect to reservation in promotions. 

    Accordingly, the Board sought an opinion from the Solicitor General of India on 26.10.2015 and in response to their query, he has submitted his opinion on 31.10.2015. The gist of the queries raised & replies given are as under :-

1. Whether the interim order dated 03.09.2014 (which has subsequently been modified on 22.09.2015) passed by the CAT, Chandigarh Bench will be applicable throughout the country in all the offices of CBEC with regard to promotion of Superintendents of Central Excise and Customs to the grade of Assistant Commissioners, Central Excise, basis of which is the All India Seniority List of the feeder grades?

2. What is the “law of the land” for reservation in matters of promotion to any class or classes of posts in the services under the State in favour of SC/ST?

3. Whether reservation in matters of promotion to any class or classes of posts in the services under the State in favour of SC/ST candidates can be provided by the State without taking the  necessary steps to satisfy the compelling reasons as mandated by the Hon’ble Apex Court in M. Nagaaraj case while upholding the validity of the Constitution (77th Amendment) Act, 1995, the Constitution (81st Amendment) Act, 2000 and the Constitution (85th Amendment) Act, 2001 and the judgments of the Apex Court in case of Suraj Bhan Meena v. State of Rajastan and U.P. Power Corporation Ltd. Vs. Rajesh Kumar or any other relevant judgment of the Hon’ble Supreme Court?

4. Whether reservation in matters of promotion to the post of Assistant Commissioners, Customs & Central Excise, in the services under the State can be provided in favour of SC/ST candidates by the State (Central Government) in view of the answer to the issues mentioned at 2 & 3 above?

The opinion of the Solicitor General of India, to the above queries, in brief is as follows:

“B. The “Law of the Land” with respect to Reservation in Promotion (Queries 2, 3 and 4)

Queries 2, 3 and 4 are inter-linked and may be looked into together.

….
….
…. The inescapable conclusion from this is that the empirical study as required by M. Nagaraj (supra) is a must and cannot be abraded from. Any departure from it will not be allowed by the Apex Court.

Ergo, in my considered view, although reservation may be permitted for promotions from the feeder grades to the post of Assistant Commissioner, it will be subject to the necessary steps as required by M. Nagaraj (Supra)”

**************************

    
     On the issue of promotion, the stand of the present Government as reflected in the answer to a query in the Parliament is also as under:

RAJYA SABHA UNSTARRED QUESTION NO 1377 - RESERVATION IN PROMOTIONS FOR SC/ST RAISED BY SHRI RAHMAN KHAN
 (a) the stand of Government on reservation in promotion cases involving Central Government employees; and

(b)  what is latest order issued by Department of Personnel and Training (DoPT) in the matter?

DR. JITENDRA SINGH Minister of State in the Ministry of Personnel, Public Grievances and Pensions and Minister of State answered as follows:

(a)  & (b): The reservation in promotion is provided to Scheduled Castes (SCs) and Scheduled Tribes (STs) at the rate of 15% and 7.5% respectively in posts and services under the Central Government.
       As on 01.01.2013, the representation of SCs and STs
       was 17.55% and 7.72% respectively.

     The Hon’ble Supreme Court, on 19.10.2006, in the matter of M. Nagaraj & Ors. V/s Union of India, while upholding the validity of the Constitutional Amendments made in favour of Scheduled Castes and Scheduled Tribes, inter-alia, observed that the State will have to collect quantifiable data of backwardness, inadequacy of representation before providing reservations in promotion.

    In order to provide impediment free reservations in promotion to SCs and STs, the 117th Constitutional (Amendment) Bill, 2012 was introduced in the Rajya Sabha by the Government in September, 2012. The Bill was passed by the Rajya Sabha on 17.12.2012 and transmitted to the Lok Sabha for consideration and passing. The Bill could not be considered in the 15th Lok Sabha and lapsed on the dissolution of 15th Lok Sabha. 

     The issues emanating from the Hon’ble Supreme Court’s judgment dated 19.10.2006 in M. Nagaraj case is under examination.


********************

Friday, December 18, 2015

WELCOME TO SHRI K K SHARMA



Welcome to Shri K K Sharma, Member, CBEC

He is known for his integrity and straight forward approach in all matters. CESA, Mumbai congratulates him on his elevation as Member, CBEC. As he is fairly well acquainted with Mumbai and its various problems, a lot is expected from him especially in respect of improvement in infrastructure.

After being elevated as Member, CBEC, has been given the charge of the newly created Tax Payer Services. On his first communication, he has emphasized on the Tax Payer services, Citizen Charters, help centres, e-helplines, etc. to redress the grievances of the Trade & Industry.

It is an open secret that in CBEC, we are still far away from providing any online services except for Registrations. In ACES, the huge amount that has been spent on its development & deployment, the returns to the Department is negligible. When the senior officers came to know that their actions can be tracked through ACES and can be made accountable by fixing responsibility for any shortcomings/lacunae in their performance, tactfully they have made the ACES system redundant and defunct. 
 
In Mumbai, seven ST Commissionerates, five Audit Commissionerates have been created in Oct-2014, but unfortunately, they still do not have access or connectivity (either through LAN or VPN) to ACES. 
 
Because of this attitude, the morale & spirit of the staff is at its lowest.


**********

RAY OF HOPE...



RAY OF HOPE…

In our Department, when the revenue target is achieved, even the newly posted Commissioner come forward to claim credit for the achievement. Similarly, when some good work is done for the office, they do not take much time to take the credit, but when something goes wrong, they fix the responsibility on the Inspectors & Superintendents. They carry out inspections as a formality but when some other agency books a case then responsibility is fixed on the field officers and utmost care is taken that no direct recruit Grp-A officers are touched. Also, it is seen that if the DR is booked in some case, the case are decided on a fast- track basis so that it does not become an impediment in their career progression as well as in their postings.

There are several vigilance cases in respect of Inspectors & Superintendents, which are pending for years together without any progress and it is seen that the concerned officers have either retired or even expired !!  Even after several directives of DoPT and CVO, the situation in the pendency of cases have not improved. Officers have lost hope in the Department and are expecting some miracle to take place for the improvement in their career progression.

In Thane-I Commissionerate, around 25 Vigilance cases are pending, since the last 10 years, where a large number of officers are charge-sheeted. In several cases, enquiry is completed but the IO is not submitting their report. In some cases, the matter has been referred to the Board for advice and no reply is received, thereby depriving them of their retirement benefits, whereas their supervisory officers who were charge-sheeted along with them were able to get all their privileges like promotions & sensitive postings without any hurdles.

In another instance, in Mumbai-II, the officer has been charge-sheeted in 2012 but till to date no IO/PO has been appointed and he has been deprived of his MACP as well as his promotions. There may be several such instances in other Commissionerate/Zones.

Hope that the recent SC judgement, which has directed that disciplinary proceedings have to be completed within 6 months and in un-avoidable cases the period should not exceed a year. Copy of the SC judgement is annexed.
 
 

Thursday, December 17, 2015

JUST CHILL... BUT CAT KNOWS...




Petition on Review DPC arising out of granting reservations in promotions:-

On the said issue several petitions have been filed in various CATs as well as in Principal CAT, New Delhi and also in the High Courts of J&K & Indore. Officers of Mumbai filed three OAs wherein interim relief was granted in the form of a stay.  

Further, in continuation to the OAs, filed another MA seeking to produce the opinion on the law of the land received from ASG, GoI. The issue was listed for hearing today.

During the hearing the counsel on behalf of an intervenor stressed upon the need to vacate the stay granted earlier, as their clients are badly affected and argued that they are the ‘children of a lesser God’. The Honourable Member of CAT-Mumbai informed that they will not take any of their oral submissions on record and that all submissions be made in the form of an affidavit within 2 weeks.

Counsel from the UoI also pleaded for vacation of the stay granted. CAT-Mumbai asked the counsel to file written submissions and posted the matter for hearing on priority basis (high on Board) – Interim order of stay continued and next hearing scheduled for 19-Jan-2016.  

 
MACP

Again, CESA, Mumbai met the Dy. Principal Controller of Accounts (West Zone) and enquired about the issue. She requested for a detailed write-up on the matter, mentioning the zones in which the MACP of Rs.6600/- in PB3 has been granted. She assured that she will take up the matter with the Principal Controller of Accounts, New Delhi and uniformity in the matter will be insisted. Further developments will be posted shortly.

**********

Wednesday, December 16, 2015

WHEN THERE IS A WILL... THERE IS A WAY....

     DISPARITY & REGIONAL IMBALANCES
    
      CESA, Mumbai made several efforts and pleaded to the All India body (AIACEGEO) to redress the regional imbalances and disparity among the 15 CCA. When a junior officer gets promoted, and the  officer of the same batch of another CCA are still in the same cadre for no fault of theirs, but because of vested interests.

      When nothing was progressing, one of the most stagnated Zone, jointly filed an OA 695/2014 in Mumbai-CAT challenging the methods of seniority lists prepared by the Board and carrying out further promotions.
      The Zones who are in an advantageous  position are again given more benefit in the proposed RRs with regard to reduction in qualifying service to 2 years.
   There are disparities among the feeder cadre i.e. Examiner/Appraiser, Inspector/Superintendent Central Excise, PO/Superintendent, Customs in CBEC. As compared to CBDT, again there is huge disparity between the batches that have been promoted from Grp-B to Grp-A.  There is no devise to remove this type of disparity within ourselves in the 15 CCAs as also the disparity between the CBEC and the CBDT.

The said OA was scheduled in the month of January-2016.

     However, a Misc. Petition 864/2015 was filed to advance (prepone) the date of hearing, as the delay would have caused more damage to the officers of the stagnated Cadre. The Misc. application was heard on 29-Nov-2015 by a Double Bench and the following order was passed.

Having heard the Learned Counsel for the parties, and upon perusal of the averments made in the MA, it is directed that any promotion made shall be subject to outcome of the OA.

MA stands disposed off.

The OA is listed for hearing on 08-Jan-2016.

     CESA, Mumbai is thankful to its Members who have reposed faith and trust to take care of their career progressions as well as irregularity & injustice in the preparation of the seniority lists and other staff welfare measures.

     CESA, Mumbai assures that we will use all our means, gather all our strength and support to ensure that fairness and justice is practiced by the Board in respect of promotions and other staff welfare measures.

**********