VISIT IN THE NAME OF CADRE RESTRUCTURING PREVENTED.

AGT is due, in the pretext of restructuring Officers are making frequent visit to New Delhi with an intent to give a personal touch by handing over the data in persons.This has irked the deparment so much so that it has issued an order saying that no personal visits should be made in this regard as it not only wastes time of officers but also leads to undersirable expenditure on tours. Definitely by this instruction, it will harm personal interest.

NO RECOMMENDATION FOR TRANSFER & POSTINGS.

CBEC issued Office Memorandum bearing F.No.C.50/54/2014-Ad.II on 20th June 2014 which reads as under:

'Hon’ble Finance Minister has observed that many representations are being received from VIPs and other political sources  recommending transfers/posting of officers belonging to Customs and Central Excise Department. He has desired that this practice should be discouraged.

2.            In this regard, attention is invited to Rule 20 of the Central Civil Services (Conduct) Rules, 1964 which stipulates –

“20.   No Government servant shall bring or attempt to bring any political or other outside influence to bear upon any superior authority to further his interests in respect of matters pertaining to his service under Government.”

3.            It is, therefore, impressed upon all that the provisions of the above rule are adhered to and no outside influence is brought for posting and transfer.'

Corrupt Administration encourages recommendation from various quarters and entertain telephone calls for sensitive postings sometime in the name of higher up and at his own vested interest post wrong man in the right place, corrupt man in the sensitive post. Those who raise their voice, the Administration in the name of conduct rules, silence them.

CESA welcome the above instructions which should be followed upto the bottom. There should be zero tolerance in the corrupt practice of transfer and posting so that the image of the department will not be dented and corrupt officers will be discouraged for using their sources and resources.

AGT of Commissioner likely to be delayed

AGT of Commissioner and above may likely to be delayed further due to change of scenario and latest instructions  

So far, the Cabinet Committee on Appointments (CCA) used to clear senior postings of the joint secretaries and above.

The Prime Minister's Office (PMO) has issued instructions to the Department of Personnel and Training (DoPT) not to clear any appointments of ministers' staff but send them to it to be placed before the CCA. The Prime Minister is the chairman of the CCA and as such PM will be personally checking and clearing every officer posted with the Ministers.

Mostly, the officers up to director level are posted with the ministers and their appointments used to be cleared until now by DoPT.

These appointments were as important as those of secretaries and joint secretaries in the ministries since they influence their ministers. in taking decisions. Hence, he thought it would be better to get them scrutinised by the CCA, sources said.

AGT of AC/DC may likely to be issued as it will not have any impact of the latest instructions.

Recommendation of Tax Administration in CBEC & CBDT

Govt panel for merging CBDT and CBEC

Posted on Tuesday, June 17, 2014 8:37 PM

Delhi:  Recommending far-reaching reforms in Tax Administration, a government committee has suggested abolition of the post of Revenue Secretary, merger of CBDT and CBEC and broaden the use of Permanent Account Number (PAN).

TARC headed by Parthasarathi Shome recommends abolishing of Revenue Secretary post.

The Tax Administration Reform Commission (TARC), headed by Parthasarathi Shome, also said the retrospective amendments to tax laws should be avoided as a principle and Income Tax Return should also include wealth tax details.

The panel, which has submitted its first report to Finance Minister Arun Jaitley, also pitched for a separatebudget allocation to ensure time bound tax refund and a passbook scheme for TDS (Tax Deduction at Source).

“The post of revenue secretary should be abolished. The present functions of the Department of Revenue should be allocated to the two Boards (CBDT and CBEC). This would empower the tax departments to carry out their assigned responsibilities efficiently,” the report said.

The tax administration, it added, needs to have greater functional and financial autonomy and independence from governmental structures, given their special needs.

It said, the revenue secretary, an IAS, is “likely to have little experience or background in tax administration at the national level and little familiarity with tax.”

The 550-page report further said the two Boards must embark on “selective convergences immediately to achieve better tax governance, and, in next five years, move towards a unified management structure with a common Boardfor both direct and indirect taxes, called the Central Board of Direct and Indirect Taxes”.

On PAN, the report said it should be developed as a common business identification number (CBIN), to be used by other government departments also such as customs, central excise, service tax, DGFT and EPFO.

“Both central excise and service tax should be covered under a single registration as both the taxes are administered by the same department and cross utilisation of credit is permitted between central excise and service tax under the CENVAT credit rules,” it said.

The panel further said it is also necessary to provide for de-registration, cancellation or surrender of registration numbers and PAN.

It said the approach to retrospective amendments has resulted in protracted disputes, apart from having deeply harmful effects on investment sentiment and the macro economy and recommended “retrospective amendment should be avoided as a principle.

The panel suggested I-T returns should also include wealth tax return so that the taxpayer need not separately file wealth tax returns. These returns should also be processed together in the CPC at Bengaluru.

Besides, it called for a dedicated organisation for delivery of taxpayer services with customer focus and made a strong case for “pre-filled tax returns”.

PTI

Rectification of All India Seniority List before DPC for Promotion to Group-A Officers

Ref :  CESA/40/2014
Date : 16.06.2014

Ms. J.M. Shanti Sundharam
Hon’ble Chairperson,
Central Board of Excise & Customs,
New Delhi

Ms Joy Kumari Chander

Hon’ble Member (P&V),
Central Excise & Customs,
New Delhi.

Respected Madam,

Sub: -Request for rectification of Seniority List of Superintendent Cadre of Mumbai Zone before fixing of DPC date for  Promotions  from Group ‘B’ to Group ‘A’ in CBEC- reg.

          This is to bring to your kind notice that CESA Mumbai has made several communications to the concerned Authority and the delegation in person also appraised the irregularities in placement of Mumbai Officers in the AISL on account of :

(A)         Date of promotion 30.09.1996 (Afternoon) vide vide Establishment Order No.225/1996 dated 30.09.1996; (AISL-I)

(B)         Deemed Date of Promotion by other Zones without assigning any reason, even deemed date of promotion shown on Saturday & Sunday (AISL-II)

(C)        Non-implementation of Board’s instruction dated 24.10.2011 addressed to Jaipur Zone, regarding Long Term vacancies among other Zones uniformly; (AISL-II)

(D)        Non-implementation OM dated 10.08.2010 as implemented in CCA Kolkatta Zone uniformly amongst other Zone, ; (AISL-II)

(E)         Pre-dated Promotions were given by some of the Zones ignoring the Board instruction to effect promotion on the same date across all the Zones; (In both AISL-I &II)

(F)         Non-implementation of Board’s instruction dated 3^rd April, 2014 by holding review DPC in Mumbai for the resultant 104 vacant post and consequential non-reviewing the vacancy position from 01.01.1999

(G)        Revision of Zonal Seniority List of Inspectors since 1978  as per ratio of  N R Parmar case dated 27.11.2012

As regard to (A) above, the said EO has given effect of promotion from 30.09.1996 (Afternoon) which is reflected as 01.10.1996 in the AISL-I. Ad.II Section who looks after the AISL-I, vide their letter dated 21^st May, 2014 addressed to Cadre Controlling Commissioner, Mumbai-I has sought clarification and rectification of the irregularities in the Establishment Order No. 225/1996 dated 30.09.1996, in as much as, when Board’s instruction was to effect promotion from 30.09.1996 why the same was granted from 30.09.1996 (Afternoon). Once the correction is made in the said order, the effected Mumbai Officers will be properly placed upward in AISL-I. Corrigendum to rectify the Estt Order 225/1996 is issued on 12.6.2014, accordingly the placement of  Mumbai Officers needs revision in the AISL-I.

As regard to (B), junior officers are placed above Mumbai Officers although they have been promoted on a later date but by virtue of deemed date of promotion subsequently, they have been placed above junior officers without assigning any reason or any ruling from Court or CAT. It is also observed that around 100 officers have been shown as deemed to have been promoted on particular dates which happen to be Saturday and Sunday. On being enquired, it is stated by both the Authorities responsible for maintenance of AISL that their job is only to compile the AISL based on Zonal Seniority List and have not gone into the details about the cause of deemed date of promotion and the date of promotion shown on Holidays etc. thereby the Mumbai officers are not properly placed. This needs detailed examination as represented several times on this account.

As regard to (C), Board vide letter F.No.A-29014/M/2011-Ad.IIB dated 24.10.2011 had issued a specific direction to Chief Commissioner of Central Excise, Jaipur Zone stating that regular promotions to the grade of Superintendents of Central Excise against the long term vacancy on account of promotion of (Jaipur Superintendent) to the grade of Assistant Commissioner could be effected.

In the light of above, Cadre Controlling Zone, Mumbai vide their letter dated 28.03.2014 sought that the same stand (like Jaipur Zone) be applied to this Zone.  Because of lack of specific clarification in this regard, the officers of this (Mumbai) Cadre Control are being un-duly denied the benefit (of regular promotion) as granted to the Jaipur Zone and accordingly the sernior officers are placed below in the seniority list vis-à-vis the junior officers of the Jaipur Zone. The said OM is to be uniformly implemented so that Mumbai alongwith other officers of other zones will not be deprived of their proper place in both the AISL-I & II.

As regard to (D), Kolkatta CCA Zone has implemented DOPT’s OM NO.36012/45/2995 Estt (Res) dated 10.8.2010 and revised the seniority list. The said OM dated 10.8.2010 should be made applicable to all the Cadre Controlling Zones of CBEC and accordingly both the Seniority lists (AISL-I & II ) may be revised.

         As regard to (E), it is observed from the AISL that in few Zones the Officers have been promoted ranging from 20^th to 29^th of relevant month whereas normally vacancy arises out of superannuation i.e. after end of month. This means that the practice prescribed by the Board is not followed uniformly. Further, at the time of up-gradation, the specified date for promotion was not adhered to and some Zones issued the promotion order prior to the date so specified. This enabled the junior officers of those Zones to jump the Seniority over the senior officers of other zones. This needs detailed examination and rectification in both the AISL-I & II.  

         As regard to (F), the Board has given clarification by confirming the sanctioned post of Inspectors and Superintendents vide its letter dated 3^rd April, 2014. The Administration has started its preliminary work to hold review DPC for 104 post of Superintendent since 01.01.1999. This will have consequential effect on Seniority of officers of Mumbai Zone promoted since 1999 to 2002 in both AISL-I & II. Mumbai senior officers by this review DPC will be placed at proper place in both AISL-I & II.

As regard to (G), the implementation of N R Parmar judgement dated 27.11.2012 by revising the Seniority List of Inspectors at Zonal level from the first batch of direct recruit Inspector through Staff Selection Commission. As per said judgement seniority of Direct recruit vis a vis promote officer be fixed as per vacancy year, in other words “Recruitment Year i.e. Year of Vacancy. As per the Apex court judgement, the entire AISL needs revision as in the case of CBDT.

Madam, all the above narrated issues are of very serious nature and have adversely affected the seniority position of officers of Mumbai Zone in AISL. Proceeding further to implement the Cadre Restructuring without addressing the above issues will not only adversely affect the promotional avenue of Mumbai Zone Officers but also permanently close their chance of entering into Group A service. 

It is, therefore, humbly requested to issue directions to the concerned authorities to set right the AISL before implementing the Cadre Restructuring. For any assistance to resolve the above issues a delegation of CESA Mumbai will extend its fullest cooperation at very short notice from your end.

           Thanking you,

     Yours sincerely,

  A.K. Sasmal

  General Secretary

Copy to:

a)   Ms Mala Srivastava, Member CBEC in charge of Mumbai Zone for kind information also with a request to rectify the AISLs.

b)   The Hon’ble JS Administration, CBEC, North Block New Delhi:for kind information also with a request to set right the AISLs.

c)   The Hon’ble DGHRD, CBEC, Rajinder Place, New Delhi: for kind information also with request to set right the AISLs.

d) Chief Commissioner, Central Excise, Zone-I Mumbai (CCA Mumbai Zone) for kind information and appropriate action as regards to para (G) above.

Chilled the zeal to Brazil

Goa cancel brazil (study tour of 6 MLAs) under intense media pressure the GOA Govt. has  scrapped the study tour and decided not to spent exchequers money to the tune of 90 lacs. Due to the public outcry, the state administration took u turn within no time.

Last year, the CBEC arranged foreign training for elite class and sent officers abroad in two batches and the various offices of CBEC were headless during the period and a good no. of officers retired before implementing it in our day to day function in subject learning from abroad whatsoever.

CBDT sanctioned to give mid carreer training programe for officers rank of Principal Commissioners (25Commisionners income tax) in Wharton Business School, University of Pennsylvania. USA from 30.06.2014 to 11.07.2014

Officers will get DA /Cash Allowance: US $ 100 per day ii) Air Fare (to and fro): To be borne by this Directorate (iii) The Course Fee: To be paid to IIM Bangalore including accommodation charges. The expenditure involved in the tour of the officers will be met from the Budget allotted under the OAE for F.Y. 2014-15 for which the sanction is issued with the concurrence of JS & FA (Fin.), Ministry of Finance and approval of the F.M. received vide Diary No.216920 dated 11.3.2014.

What is the interest of IIM Banglore to borne the expenditure of foreign training of the officers when the Govt. is preaching for austerity then why the wasteful expenditure from OAE head for FY 2014 – 2015.

Similarly CBEC may follow the footprint of CBDT may sent officers from CBEC for mid career training programme abroad during the current financial year 2014-15.

In last December in Mumbai Central Excise, there was no amount to pay even electrical bill /telephone bill/office rent and stop procuring even purchase of computers printers rollers, toners, stationery etc. Even the Administration pleaded not to disconnect electricity, telephones to the concern authority in writing as well as request in person.

Majority of the office premises is in a scanty and in dilapidated conditions with age old furniture where junior officers are striving their best to get the work done, many medical bills are pending due to want of funds many officers are been denied and not allowed to proceed on leave in service tax and to forgo their LTC or HTC. When we do not have money in our OAE Head and the training taken/ to be taken in abroad will not have any benefit in  our day to day functioning or to rejuvenate the officers where majority of the non executive Commissioner post are lying vacant such  as Commissioner Appeals, TAR, Valuation etc.

CESA hope like in Goa state,  our CBEC will also learn to save money and utilize the said money in the field formation where the Junior Officers are even lack of basic facility like space toilet, water, etc   

ACES Training given to Senior Officers to train the lower officer but not a single one in Mumbai attended it and many of them are ignorant to operate ACES for day to day work. CAAP Training should be given in person but in reality, a CD is given for self learning the Audit.

Now last but not the least, prior to introduction of EA- 2000 training was given to the elite class officers abroad to learn the CEDA Canadian system of Audit, Canada had gave up the system of said audit but in CBEC it is going on but in what shape….. only God knows.  Not a single Senior Officer is visiting the unit as required under EA-2000 and the manner of MCM and other things least to speak.

The Tax / Duty we sincerely collect at adverse condition. The amount allocated for our maintenance should not be discriminatory rather purposeful for better effective Administration. Austerity is not just to disallow the LTC,HTC of Junior Officers when on travel various Senior Officers avail Air Travel for official purpose with no accountability. Hope, the good sense will prevail and CBEC में अच्छे दिन आएगें ।