CENTRAL EXCISE SUPERINTENDENTS ASSOCIATION OF MUMBAI (UNIT OF AIACEGEO) (Disclaimer- The views expressed in the Blog post is purely for the consumption of members of CESA-MUMBAI only and the data/facts contained therein should be first verified with authentic source, before using the same, by anyone.)
Thursday, November 12, 2015
WISH FROM A WELL WISHER...
इक 2014 की दीपावली थी ।
विभाग में, हरेक को हरे भविष्य नजर आने लगा था
शासन, करतब बाजी में मशगूल है ।
Monday, November 9, 2015
Wednesday, November 4, 2015
BE DEAR, CARE OR FEAR...
The government has set up a 10 member
committee, headed by former Delhi High Court judge R V Easwar, as he is one of
the best tax tribunal judges, to simplify and identify, among other things,
phrases in the Income-tax laws that lead to unnecessary litigation because of
different interpretations.
They will first try to simplify the tax
laws for individual taxpayers who have to depend on expensive Chartered Accountants
to file their returns. The Committee, which has to give its initial report by
January 30, so that there is time for discussion and inclusion of some
recommendations in the Union Budget.
The agenda for the committee is quite pervasive
but one hopes that somewhere the committee will include accountability for tax
officials. Today, it is the impression of the public and the tax-payers, that they
are a law unto themselves; unless there is accountability, the reforms
recommended could be derailed.
The FM has also announced steps taken
for easier adjudication of disputes and has issued an ordinance for fast track
arbitration procedure.
......
There appears to be a growing gap
between the adjudication decisions taken by different authorities for a similar
issues at different places. Interpretations vary from bench to bench and from
place to place and piling up & disposal of cases do not have any uniformity
as well as accountability.
Similar is the situation in CBEC – when
Govt. intends to simplify the rules and regulations in CBDT, it is not far away
when the same will be applied in CBEC !!
While collecting the tax, no assessee needs any advice from any expert, but while depositing the same in the Govt. exchequer, why a third party, like a CA or a consultant, is needed ? Definitely, it encourages evasion as well as lingering of litigations by giving wrong advices.
Definitely litigations will be reduced
and disposal of cases will increase and a healthy atmosphere will prevail. The
intention is to curtail the role of expensive CAs for filing of returns and
other assistance, thereby reducing the cost of doing business.
In Service Tax also, the rules and
regulations need simplification, especially in cases of ST payment on reverse
charge basis, imposition/waiving of fine & penalty and granting abatement etc. and removal of the role played by CAs, like CHAs in Custom House.
Once the rules and regulations are simplified, at least all the quasi-judicial
officers will prepare their own adjudication orders instead of depending on Superintendents &
Inspectors, as is being done at present.
No whims & fancies, accountability, responsibility and uniformity will prevail and the law will be impartially implemented.
************
......
There appears to be a growing gap between the adjudication decisions taken by different authorities for a similar issues at different places. Interpretations vary from bench to bench and from place to place and piling up & disposal of cases do not have any uniformity as well as accountability.
CONGRATULATIONS TO NEW BODY - IRS INDIRECT TAX PROMOTEE OFFICERS
“ To be sad is a choice and to be unhappy is a circumstance.
The warrior who conquers the situations and
make the circumstance favourable
never remain unhappy.
Those who become lazy & idle they compare,
but those who are active and have the ability to compete
always become successful, whatever be the obstacle in his
way”
Hope the new body will act as there are enemies, not from
outside
but within the cadres and the survival is at stake.
Reversion & progression depends on your actions,
not by
luck or destiny.
“ To be sad is a choice and to be unhappy is a circumstance.
The warrior who conquers the situations and
make the circumstance favourable
never remain unhappy.
Those who become lazy & idle they compare,
but those who are active and have the ability to compete
always become successful, whatever be the obstacle in his
way”
Hope the new body will act as there are enemies, not from
outside
but within the cadres and the survival is at stake.
Reversion & progression depends on your actions,
not by luck or destiny.
not by luck or destiny.
Recently, IRS Indirect Tax Promotee Officers held its first All India Meeting at Bangalore on 31-Oct & 01-Nov-2015. The delegations from Mumbai namely Ms. Varsha A. Kolhatkar, Shri V U Brahmakshatri, B.A.Nagaraju attended the meeting. After Cadre Re-structuring-2014, promotions were effected and an adhoc Body was constituted to look after the interests of the Promotee officers from Grp-B to Grp-A.
In the said meeting a new Body came into existence. Shri
B A Chakraborty from Chennai is elected as the Secretary General, Smt. Varsha A.
Kolhatkar is elected as the President, and Shri S K Patil from Pune is elected
as the Organising Secretary along with other Office Bearers . In the said meeting it was emphasized and a road
map is prepared for amendment in RRs, infrastructure issues, anomalies in MACP
and for ending discrimination, deputation postings, vigilance clearances, etc.
CESA, Mumbai, wishes all the best to the new body and
hope that they will be instrumental in the mitigation of discrimination between
the direct and the promotee IRS officers and other burning issues facing the
cadre.
************
Friday, October 30, 2015
GREAT EXPECTATIONS...
The office bearers and members of CESA, Mumbai, are very delighted
at the appointment of Shri Najib Shah as the Chairman of the CBEC, New Delhi.
It is certainly a gift by the Government in the Vigilance
Awareness Week and a step in the right direction towards good governance by
posting an excellent administrator at the helm of CBEC.
CESA, Mumbai, hopes & prays to the Almighty to grant courage
& strength to the CBEC Chairman to function freely and judiciously and to
deliver his best to the Department, its staff and the trade.
CESA, Mumbai hopes that the following long pending issues will be addressed
in earnest :-
a) Holding of DPC for filling up 1442 vacant posts in Grp-A.
b)
Amendment of RRs.
c) Getting the cabinet sanction for temporary 2118 posts in
Grp-A for a period of 5 years, for clearing the stagnation in the C.Ex. feeder
cadre and also for regional parity. It is very dis-heartening to note that direct recruit C.Excise Inspectors
of the 1984 batch (now Supdt.) are working under / reporting to direct recruit Customs
POs of the 92 batch (now Asst. Commr.). Comparison with the Customs Examiners
are even worse.
d) Infrastructure issues, including ACES equipment &
connectivity.
e)
Abiding by the court & CAT rulings in the anomaly in
MACP – an Asst. Commr. joins with JTS scale of GP 5400 reaches upto 80,000 while
a direct recruit Inspector joins at 4800 and retires in PB3-GP 5400. This is
gross injustice and it is hoped that the Hon’ble Chairman will intervene in the
matter and will resolve the same at the earliest.
************
Thursday, October 29, 2015
CONGRATULATIONS !!!
CONGRATULATIONS !!!
GRACE FOILS EVIL DESIGNS...
TRUTH PREVAILS.
Fate whispers to the warrior
"You cannot withstand the storm.."
The warrior whispers back
"I am the storm..."
CESA, Mumbai heartily congratulates Shri. Najib Shah on his
appointment as Chairman of the CBEC, New Delhi, on regular basis.
Probably, he is the last monarch of CBEC, New Delhi, from the IRS
cadre, as the GST regime is likely to be introduced in the Budget of 2016, and
most likely thereafter, officers of the IAS cadre may be heading the Board !!
Vide Office Order No. 279/2015 dated 28-Oct-2015, Shri Najib Shah
has finally been appointed as Chairman of the CBEC, New Delhi, w.e.f.
01-Jul-2015. This goes on to show that righteousness and merit cannot be
suppressed for long… For a revenue officer who has put in 36 years of
impeccable service, this order is well deserved.
It is to the credit of Shri Najib Shah sir that he maintained integrity
& professionalism, by not compromising on his personal dignity and did not
let down the stature of the Board.
CESA, Mumbai, once again wishes the very best to Shri Najib Shah, as
Chairman, CBEC, and assures him of our full support in all matters, especially
with respect to the staff welfare measures like amendment of RRs, putting 2118
posts for 5 years from feeder cadre, MACP anomaly, holding of DPC & filling
up of 1442 vacant posts of Grp-A and improving infrastructure & ACES.
************
Wednesday, October 28, 2015
CESA DARED... GOOD NEWS TOMORROW.
Action taken .... good news tomorrow
Old Post dated 27-Sept-2015
The Board preaches something but does not practice the same.
The advertisement, was published in many
leading newspapers, and warns regarding non-payment of Service Tax which may
result in the damage of one’s hard built reputation.
The Board is more worried about the reputation of its assessees
than it is about its own reputation..., especially when it comes to taking
decisions about promoting/appointing Members to the Board (it had dwindled to 2
Members over a 9 month period ending Mar-2015) and even then did not have the
spine to appoint the senior most officer, Shri Najib Shah, (also the most
deserving officer) as Chairman but could only manage to issue his order as
Acting Chairman !!
What is the fault of Shri Najib Shah in all these manouverings
? That he is upright, dynamic & dashing ? There is no dispute about this. Yes,
he is NOT a sycophant, dishonest officer and does not bend before his masters
on matters of principle. Then why has he been sidelined in the Department and
on whose arm-twisting has such a decision been taken of appointing him as an
Acting Chairman of CBEC, for which there is no precedent ?
The message that percolates down to the executive cadre is
that there is no place in the system for an upright & principled officer,
which is very de-moralising and places a great amount of stress on the lower
officers of the Department.
Especially, in view of the fact that GST is to be rolled out
by Apr-2016, where a capable person of the calibre of Shri Najib Shah can play
a very decisive role. Sidelining him will definitely be a big operational loss
to the organisation.
The Board may increase the revenue, but not the morale and
the efficiency of the hardworking officers in the Department.
The only question that needs to be asked is whether there is
anybody better than and/or more capable than Shri Najib Shah to head CBEC, not
as Acting Chairman, but as Chairman, with full authority and freedom.
If the answer to the above question is yes, please appoint
that person, who is better than Shri Najib Shah, as Chairman, else, if the
answer to the question is no, then for God’s sake, appoint him Chairman, with
full authority and freedom.
Don’t continue with this farce of Acting Chairman !!!
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