FM Exhorts CBEC and CBDT to Set-Up Standing Committee at CCs Level for Litigation Management

The Finance Minister, Shri Pranab Mukherjee has asked the Central Board of Direct Taxes (CBDT) and Central Board of Customs and Excise (CBEC) to constitute Standing Committee at the level of Chief Commissioners to have a systematic bottom to top approach for litigation management. Shri Mukherjee was speaking at a review meeting with the Chief Commissioners and Commissioners of Income Tax, Customs and Central Excise in Mumbai today. Asking both the Boards to improve human resource management, he said that a model time frame for conducting the Departmental Promotion Committee (DPCs) must be developed and followed strictly. The Minister also urged the Department to ensure that all the annual general transfers are carried out by both the Boards by the month of April. Expressing concern over Central Excise and Customs duty arrears in the zone, Shri Mukherjee asked the officers to give special emphasis in taking some serious steps for collection of arrears of revenue. The Finance Minister urged the revenue department to create a formal Risk Management institution to improve the voluntary tax compliance in India.

Following is the text of Finance Minister’s speech delivered on the occasion:

"This is the second occasion I am meeting with Chief Commissioners and Commissioners of both CBEC and CBDT in a combined meeting. Last time we met at Kolkata. This type of interaction with CCs and Commissioners provides an opportunity to understand the ground realities and creates a common platform for both the departments to come together. I would like to continue with this tradition.

Mumbai is the financial capital of India and contributes, significantly to both direct and indirect taxes. A financial capital integrated with the Global economy has to offer its own challenges to Tax Administration. The complexity and diversity of the business in this city offer a challenging assignment to Tax Officers. The challenges are further compounded by the innovative tax planning and use of tax shelter products offered by the tax consultants to business. The ongoing litigation in one of the biggest tax liability case from this city indicates that Indian Tax Authorities are professionally well prepared to protect the tax base of our country. Mumbai is also a gate-way to foreign investors. Therefore, a stable and efficient tax administration in Mumbai is essential to create conducive environment for foreign investors.

Both the Departments have progressed well in creating infrastructure for providing quality tax payer services. The setting up of Ayakar Sampark Kendra (ASK), Automation of Central Excise and Service Tax (ACES), Centralized Processing Centres (CPC) and Large Tax Payer Units has laid down a solid foundation to provide the services to the tax payers, which are technologically intensive. I am sure both the Departments will continue to innovate and re-engineer the existing business processes and administrations to further improve the delivery of services.

I have been asking both the boards to improve the human resource management to meet the rising expectations of the officers and the staff. Though there is some improvement pertaining to Departmental Promotion Committee (DPCs) for the staff and officers, but still it is not satisfactory. It should be ensured that DPCs are held well in advance to keep the employees motivated and eager to perform their responsibility in the service of the Nation. I would like to see that a model time frame for conducting the DPC is developed and followed strictly. Both the Departments should aim to become a model employer, which provides equal opportunities and equity in true sense. I have noticed that transfer orders of the officers are issued in mid of the year, which affects not only the officer, but also the Department. The officer has to shift his family and children in the mid of the academic session, which causes avoidable mental stress. Similarly, by shifting of the officers in the mid of the year from one charge to the other charge, the continuity and time available is reduced considerably. This adversely affects achieving the targeted revenue. This can be avoided by ensuring that all the annual general transfers are carried out by both the Boards by the 2nd week of April. The regional orders by the respective Chief Commissioners should be completed by the end of April of every financial year. This will reinforce the confidence of the employees in our system and we can demonstrate by action that we actually care for our employees. I am confident that both the Board can calibrate their long term human resource policies to achieve the above objectives.

There is an area of concern which both Departments need to look into to create an atmosphere of trust and mutually beneficial relationship with tax payers as well as our own employees. Departments are filing appeals in a routine manner without careful thought and examination. I have noticed that some of the appeals filed have been dismissed by the courts on account of gross delays. For this I have constituted a Standing Committee in both the Boards. This Committee will identify systematic causes for service litigation and litigation with tax payers and will prepare a road map for reducing the existing litigation and to avoid litigation in future. This Committee has been constituted at the Board level. I will encourage both the Boards to constitute a similar Standing Committee at the level of Chief Commissioners to have a systematic bottom to top approach for litigation management. This would lead to manageable number of cases before the Courts, which can be defended efficiently and will enhance the success rate in litigation.

I am pleased to note that the revenue realization in this Zone has been quite satisfactory for Customs and Central Excise, in particular. I find that for the period of four months i.e. from April to July in this financial year, the Customs revenue collection in three Mumbai Zones has registered an average growth of 79.5 percent compared to the collection during the corresponding period of last financial year. In Central Excise also there has been buoyancy, though the growth has been slightly less as compared to Customs. I find that the two Central Excise Zones in Mumbai have an average growth of 55.65 percent compared to the collections during the corresponding period of last financial year. This trend of revenue realization would not only need to be maintained but also to be improved during the coming months so that if there is any shortfall in other area, collections from this Zone can help us in filling the gap.

The manufacturing sector in the country is looking up and this has contributed in not only increased Central Excise duty but also increase in the imports of capital goods, machinery and other raw-materials which has in turn resulted in increase in Customs revenue collection. In Service Tax, however, I find that the growth is much less. It is only about 8 percent. I, however, fail to understand why the growth of Service Tax should be so small. It is an acknowledged fact that the service sector in the country is also growing substantially. I would like those of you concerned with the Service Tax collection to ponder over this, and find ways and means to increase the Service Tax collections.

In this context I would also like to tell you to give equal importance in collection of arrears of revenue. I find that in this Zone an amount of around 3,088 crores is locked up in respect of Central Excise arrears, and an amount of around 1,740 crores in respect of Customs duty arrears. We are now in the beginning of 6th month of the Financial Year. It is high time that we give special emphasis in taking some serious steps for collection of arrears of revenue.

Another area where the situation is rather alarming is pendency of adjudication. I need not remind you that delay in adjudication ultimately results in delay in collection of revenue due to the Government. I find, in this Zone an amount of around 2,192 crores of Central Excise duty, an amount of around 1,931 crores of Customs duty, and an amount around 3,800 crores of Service Tax are locked up in the pending adjudication cases.

As for the GST, you may be aware, I had tried my best to introduce the Constitutional Amendment Bill for GST in the last Monsoon Session of Parliament itself. But for certain reasons beyond my control it could not be tabled in the last session. As you know, the process of Constitutional Amendment has a certain gestation period involving placement of the Bill in the Parliament, referring the Bill to the Standing Committee and then tabling the Bill for passing in both the Houses of Parliament. Since we could not place the Bill in the last session, it may not be possible to introduce GST from 1.4.2011; because, GST legislation, both at the Centre and the States can be undertaken only after the Constitutional amendment. However, I must make it clear that there should not be any let up in your ongoing work relating to GST. While the officers in the Ministry are working on the various aspects of policy and administration matters on GST, your feedback would also be needed in a big way – first on matters relating to policy and then on matters relating to administering the GST. After all, you the Central Excise and Service Tax officers in the field will have to administer GST in close coordination with the State Government officers. In this context, I would suggest, meanwhile you start dialogue with the State Government authorities as a way of familiarization, since ultimately when the Central GST and State GST come into effect, you will have to work in tandem.

On the direct tax side, the net corporate tax has shown a growth 20.9% and personal income tax a growth 8.51% with overall growth for direct taxes at 15.75% as on 31st July 2010. The overall direct taxes growth is satisfactory. But the collection of direct taxes from Mumbai is below the national average. The achievement of direct tax collection largely depends upon collection from Mumbai. Therefore, revenue collection should be monitored effectively and special efforts should be made to achieve not only the budgeted target but also to exceed it.

The major area of concern on the direct tax side is the revenue locked up in appeal. `28,046 crores is blocked in appeal before CIT (Appeal) and `10,010 crores before ITAT. Department should take concrete steps to realise the revenue locked up before the appellate authorities.

I have noted that for Mumbai, there is an increase in advance tax, for the financial year 2010-11 by 22% in comparison to the same period of the previous year. The tax deducted at source for the current financial year has shown a decline by almost 2% in comparison to the corresponding period of the previous year. The trend in TDS collection, which is a major source of revenue to the government exchequer should be analysed to ensure that taxes due from TDS are collected.

The growth rate of Indian economy for the year 2009-10 was 7.4%. We expect the Indian economy to grow over 8.5% during the year 2010-11, though IMF and CMIE are predicting it close to 9.5%. The sectors performing well in the Indian economy need to be monitored to ensure the due taxes to government. The voluntary tax compliance depends upon risk perception by the taxpayers. We have increased the risk perception by using technology intensive tools. There is a need to create a formal Risk Management institution to handle this critical component of tax governance on a real-time basis. Both the departments can collaborate on the issue of risk management to further improve the voluntary tax compliance in India.

As promised to stakeholders, I have introduced DTC in Parliament. This is the first step towards implementation of DTC. It will come into effect from 1st April, 2012. The time available after passing the DTC by Parliament and till it comes into effect is to be used for developing the required systemic support and for education and training to employees and taxpayers. The available time window should be used effectively for a smooth transition to DTC taxation regime. I am confident that Department will show adoptability for this change and will rise to the occasion.

I am told that the Cadre Restructuring for CBDT was done in the year 2001 and for the CBEC in the year 2002, which is to be reviewed after every five years and is overdue. This needs to be expedited and completed in a time bound manner. There is also a need to develop a system to make it as a continuous process and not as an event to meet the legitimate expectations of the Officers and staff.

I wish you all the best to achieve all your targets for the Financial Year 2010-11."

BY/GN-295/10

 

 

Goods, services tax roll-out may miss April 2011 target: Pranab

"Since we could not place the Bill in the last session, it may not be possible to introduce GST from April 1, 2011." – Mr Pranab Mukherjee

Our Bureau

New Delhi, Sept. 2

It is official now. The country may miss the April 1, 2011 deadline for adopting a dual goods and services tax (GST) system.

The Finance Minister, Mr Pranab Mukherjee, has now conceded that it may not be possible to introduce GST from April 1 next year. The main bottleneck in achieving this major tax reform is the absence of consensus between the Centre and the States on the required Constitutional Amendment for introduction of GST.

A Constitutional amendment is necessary as States are looking for powers to tax services and the Centre is looking to tax goods up to the retail stage.

"I had tried my best to introduce the Constitutional Amendment Bill for GST in the last monsoon session of Parliament itself. But for certain reasons beyond my control it could not be tabled in the last session. Since we could not place the Bill in the last session, it may not be possible to introduce GST from April 1, 2011," Mr Mukherjee said at a review meeting with top officials of the income tax, customs and excise department in Mumbai on Wednesday.

The Finance Minister highlighted that the GST legislation both at the Centre and the States can be undertaken only after the Constitutional amendment. At the same time, he advised the excise and service tax officials that there should be no let up in their ongoing work relating to GST.

Ministry instructions

Mr Mukherjee asked the service tax and excise officials to initiate dialogue with the State Government authorities as a way of familiarisation, "since ultimately when the central GST and State GST come into effect, you will have to work in tandem."

The Finance Minister also asked the Central Board of Direct Taxes (CBDT) and the Central Board of Excise and Customs (CBEC) to constitute standing committee at the Chief Commissioners' level for litigation management.

Moreover, all the annual general transfers should be carried out by both the boards by the month of April, Mr Mukherjee said. The Finance Minister also asked the Revenue Department to create a formal risk management institution to improve the voluntary tax compliance in India.

krsrivats@thehindu.co.in

Industrial strike to have a large impact: AITUC

Kolkata, Sep 1: The September 7 industrial strike called by major trade unions would have a strong impact all over the country, AITUC General Secretary Gurudas Dasgupta said today.

"We believe that this will be the biggest bandh in recent times and the impact of the bandh will be felt all over the country," Dasgupta told a press conference at the AITUC office here.

"This is a strike against the price hike and the violation of labour laws all over the country," he said.

"This is for the first time we have been successful in bringing all the major trade unions, including INTUC together and they will also participate in the strike," Dasgupta claimed.

"Though BMS (the trade union wing of BJP) is not actively participating in the strike, they have not opposed it either," Dasgupta added.

INTUC not to participate in Sept 7 nationwide strike

INTUC not to participate in Sept 7 nationwide strike

Hyderabad, Sep 1 (PTI) Indian National Trade Union Congress members will not participate in the proposed nation-wide general strike called by central trade unions on September 7, INTUC president Ambati Krishnamurthy said here today.

A decision to not participate in the proposed general strike was taken in the national executive meeting of INTUC held in the first week of August at Delhi, he told reporters here.

The general strike has been called by rival unions to destabilise the UPA government, he said.

Central trade unions and workers and employees Federations have called the strike on September 7 protesting the rise in prices of essential commodities and petroleum products.

• Interim orders pronounced in the court at Kolakata High Court in the WP 261/2008 on 27.8.2010. 
• The CCA Kolakata has been directed to conduct a review DPC from 1997 as per the recent OM of DoPT dated 10.8.2010.
• The directions are only to West Bengal and not for the rest of India.
• But the DoPT orders are for the entire Govt. depts.
• IN any case as mentioned in the above Para, the review DPCs are to be conducted.
• Therefore, the Board can issue instructions to carry out the same so as to remove the impediment in the matter.

Ref.No. AICIEA/CBEC/169/2010 18.08.2010

To
The Chairman,
Central Board of Excise and Customs,
North Block, New Delhi.

Sir,

The Confederation of Central Govt. employees and workers, to which the ALL INDIA CENTRAL EXCISE INSPECTORS' ASSOCIATION is affiliated have decided to organize one day strike on 7^th September, 2010 in pursuance of the charter of demands enclosed and accordingly have served the notice for the strike on the Government.

I in my capacity as the Secretary General of the All India Central Excise Inspectors' Association am to inform you that the employees of the Central Board of Excise and Customs who are members of All India Central Excise Inspectors' Association will be on strike on 7^th September, 2010.

Thanking you,

Yours faithfully,
(Kousik Roy)
Secretary General

Encl: 1. Strike Notice of Confederation
2. Charter of demands

Part I. Charter of demands.

1. Price rise of essential commodities to be contained through appropriate corrective and distributive measures like universal PDS and containing speculation in commodity market.

2. Concrete proactive measures to be taken for linkage of employment protection in the recession stricken sectors with the stimulate package being offered to the concerned entrepreneurs and for augmenting public investment in infrastructure.

3. Strict enforcement of all basic labour laws without any exception or exemption and stringent punitive measures for violation of labour laws.

4. Steps to be taken for removal of all restrictive provisions based on poverty line in respect of eligibility of converge of the schemes under the Unorganized Workers Social Security Act 2008 and creation of National Fund for the Unorganized Sector to provide for a National Floor Level Social Security to all unorganized Sector workers including the contract/casual workers in line with the recommendation of National Commission on Enterprises in Unorganized Sector and Parliamentary Standing Committee on Labour.

5. Disinvestment of shares of Central Public Sector Enterprises (CPSEs) is not resorted to for meeting budgetary deficit and instead their growing reserve and surplus is used for expansion and modernization purpose and also for revival of sick Public Sector Undertakings.

6. Fill up all vacant posts and lift the ban on recruitment.

7 Stop outsourcing/contractorisation of Governmental functions

8. Regularise all daily rated workers/employees/;Grameen Dak Sewaks and remove the ceiling on compassionate appointments; end the discrimination in the bonus ceiling of GDS employees.

9. Withdraw PFRDA bill and extend the statutory defined benefit pension scheme to all Government employees

10. Guarantee right to strike as a fundamental right of employees.

Part II

Demands pending settlement in the Department of Revenue:

• Inspectors should get at least three promotion in service life. The ongoing cadre restructuring exercise should cater the aspirations of Group B executive cadres.
• Notional fixation of pay of Inspectors of Central Excise in the pre-revised scale of Rs. 6500-10500 should be provided with effect from 01.01.1996.
• Fixation of minimum pay corresponding to pre-revised scale of Rs. 7450-11500 consequent to revision of grade-pay ordered on 13.11.2009.
• Anomaly in pay of 1992 batch Inspectors who received ACP prior to 21.04.2004.
• Inspectors' next promotional Grade Pay should be Rs. 5400/-
• Lifting of ban on ICT
• JCM s should be conducted at the Board level and at local level at regular intervals.

National Executive meeting of the Confederation

CONFEDERATION OF CENTRAL GOVERNMENT EMPLOYEES AND WORKERS

New Delhi. 110 027.
Conf/ 16 /2010
Dated: 12^th August, 2010

Dear Comrades,

The National Executive of the Confederation met today as scheduled; discussed the steps to be taken to ensure large participation of Central Government employees in the impending strike action of 7^thSeptember, 2010 organised by the joint platform of Central Trade Unions and Federations of employees and took the following decisions.

(1)   To organise joint conventions at all State Capitals and other important places under the auspices of the State Units of Confederation, AISGEF and AIDEF. The tentative dates on which the conventions will take place at different places are indicated in the joint communication, copy of which is enclosed;

(2) The charter of demands on which the Strike will be organised is enclosed. (The suggestions made by the participants and accepted at the meeting arte incorporated)

(3) The Confederation will serve the strike notice on 12^th inst. And all affiliates and their units are requested to serve the strike notices on their respective of Heads of Department/Office by 20^th inst. (Copy of the strike notice will be placed at the Website on 13^th.)

(4) The affiliates may add as an annexure described as Part II demands which are department specific and which pending settlement for a long time are.

(5) The State Committees and affiliates will chalk out campaign programme to cover the districts and other regions.

(6) The Confederation CHQ will prepare campaign material in the form of brief note on each of the demands in the charter and place the same on its website.

(7) Demonstrations will be organised at all State Capitals and other regional centres jointly by all participating affiliates on 6^th September, 2010 and the members advised to participate in the joint rally organised on the same day by the Central Trade Unions.

(8) The Confederation and its affiliates will participate in the March to Parliament programmes organised by the Central Trade Unions after the strike in pursuance of the acceptance of the demands by the Government.

(9) Confederation will take independent initiative in organising campaign and action programmes in pursuance of the common issues of the Central Government employees after the strike action.

(10)The Confederation CHQ will ensure that the Dharna programme decided upon earlier to protest against the vindictive actions in the IA & AD Department is staged in those State Capitals, which could not be organised on 5^th. The National leaders will go over to such State Capitals along with the National leaders of the All India audit and Accounts Association.

(11)The affiliates will make the subscription dues pertaining to the F.Y. 2009-10 immediately.

(12)The Nationals Council of the Confederation will be held at Mumbai in December, 2010.

With greetings,
Yours fraternally,
K.K.N. Kutty

 

CONFEDERATION OF CENTRAL GOVERNMENT EMPLOYEES AND WORKERS

New Delhi. 110 027
Conf/D-9/2010 Dated: 13^th August, 2010

To

The Cabinet Secretary
Rashtrapathi Bhawan Annexe
New Delhi. 110 001

Dear Sir,

This is to give notice that the employees who are members of the affiliates of the Confederation of Central Government employees and workers will go on one day's strike on 7^th September, 2010. The charter demands in pursuance of which the employees will embark upon the one day strike action is enclosed.

Thanking you,

Yours faithfully,
Sd/-
K.K.N. Kutty

 

Income tax Employees Federation
Income tax Gazetted Officers Association
(J O I N T C O U N C I L O F A C T I O N)

No. Dated: 20^th August, 2010

To
The Chairman
Central Board of Direct Taxes,
North Block, New Delhi – 110 001

Dear Sir,

Notice is hereby given that members of the Income Tax Employees Federation and Income Tax Gazetted Officers Association under the banner of Joint Council of Action will go on one day's strike on 7^th September, 2010.

The charter of demands in pursuance of which the employees will embark upon the said one day strike action is enclosed herewith. A copy of the strike notice dated 13^th August, 2010 addressed to the Cabinet Secretary, Rashtrapathi Bhawan Annexe, New Delhi – 110001 by the Confederation of Central Government Employees & Workers is also enclosed, for your reference and records.

Thanking you,

Yours faithfully,
Ashok B Salunkhe / Rajesh D Menon
Joint Convenors - JCA

Encl: Charter of Demands.

Charter of Demands.

1. Price rise of essential commodities to be contained through appropriate corrective and distributive measures like universal PDS and containing speculation in commodity market.

2. Concrete proactive measures to be taken for linkage of employment protection in the recession stricken sectors with the stimulate package being offered to the concerned entrepreneurs and for augmenting public investment in infrastructure.

3. Strict enforcement of all basic labour laws without any exception or exemption and stringent punitive measures for violation of labour laws.

4. Steps to be taken for removal of all restrictive provisions based on poverty line in respect of eligibility of converge of the schemes under the Unorganized Workers Social Security Act 2008 and creation of National Fund for the Unorganized Sector to provide for a National Floor Level Social Security to all unorganized Sector workers including the contract/casual workers in line with the recommendation of National Commission on Enterprises in Unorganized Sector and Parliamentary Standing Committee on Labour.

5. Disinvestment of shares of Central Public Sector Enterprises (CPSEs) is not resorted to for meeting budgetary deficit and instead their growing reserve and surplus is used for expansion and modernization purpose and also for revival of sick Public Sector Undertakings.

6. Fill up all vacant posts and lift the ban on recruitment.

7 Stop outsourcing/ contractorisation of Governmental functions

8. Regularise all daily rated workers/employees/Grameen Dak Sewaks and remove the ceiling on compassionate appointments; end the discrimination in the bonus ceiling of GDS employees.

9. Withdraw PFRDA bill and extend the statutory defined benefit pension scheme to all Government employees

CBEC-Brand Ambassador of Adhocism in Service matters

AIT News Network

NEW DELHI. In the era of LPG- (L-Liberalisation; P-Privatisation; G-Globalisation), for anything and every thing, we find identified Brand Ambassadors being notified. However, till date, no Government Department has been notified as Brand Ambassador. In any move to identify brand Ambassador among the various departments for issues in service matters, Ministry of Finance being the Fund generator, regulator and distributor, it should take the lead role. The defiant attitude and approach towards the Taxpayers and Industrialists is well known. The main reason for such indifference by the Department could be the disgruntled work force.

Let us analyse the present set up in the CBEC:

The arrangement at the top is ideal –out of the six members in the CBEC holding the rank of the Addl. Secretary to the Government of India, there is a Member exclusively for P&V matters. Also there is the Directorate of Organisation & Personnel Management (DOPM) headed by an experienced Commissioner of Joint Secretary level, for the Personnel and career management directly reporting to the Member (P&V) .The entire cadre management on DPCs, seniority, deputations etc. of Group B&A cadres is being handled by the Board and personally monitored by the Member (P&V).

Out of the total 65,000 (approx) employees, there is a total sanctioned strength of 12,766 in Group B and around 2304 in the Group A services.

In the normal course, everything should have been handled very systematically and efficiently. But strangely, all is not well as could be seen today. After the re-structuring implemented in Nov, 2002, there are around 2000 newly created posts never filled up till date!!

The creation and distribution of these posts were definitely never need based nor actually required at all. The large number of posts created of Appellate Commissioners and the posts allocated for anti-smuggling work all over the country would stand as testimonials for ever.

But the cadres of Group C &B of Central Excise side remain the most disgruntled and stagnating even today. There are 8 to 10 Group B officers working under one AC in almost every Central Excise Division of which on an average 4 or 5 will be those in the same scale of pay of the ACs after getting the second ACP on completion of 24 years service.

There are around 4000 in the ACP scale and only 250 divisions in the field set up. There were three Committees created by the CBEC during 2003-2004 viz.

(i)-Study committee in Feb,2003 on removal of stagnation headed by Sri.SK Mishra, the then Member P&V.

(ii)-Study committee on merger of cadres headed by the Sri.SK.Bharadwaj,Member P&V with CC of  Chandigarh as a member in Sept,2003

(iii)-Committee on creation of  Service Tax Commissionerates and cadre re-structuring headed by Sri. RK.Tewari, CC ,Pune in Oct,2004 (who was Member P&V for couple of months-before joining Settlement Commission.)

All these committees were set up with the noble purposes and based on repeated representations made by the staff associations of Superintendents and Inspectors.

The Tewari Committee set up in Oct, 2004  had done a commendable work within a record time-limit of three months and  recommended for creation of 266 posts of A Cs as early in Dec,2004 and entrusting the  ACP Superintendents with powers of A Cs for Service tax matters in a time-bound manner. Nothing was heard there after in the matter.  

The Merger Committee gave the strange   recommendation for merger of cadres with a road map to be effective after all the working persons in the Customs Wing as Examiners and Appraisers/Superintendents are either retired or promoted as ACs !!.

This Committee completely ignored the study undertaken as early in March, 1992 by Sri SK Kohli, the then  DOMS and also the Board’s decision taken in the meeting on  16-01-1996 for the  merger of the Group B&C cadres with immediate effect.

The very powerful lobby from Customs cadres could see to it that no follow up was ever undertaken by the CBEC on this decision.

During the period from 2003 till date there were at least half a dozen Members of CBEC in charge of the P&V-even for short spells like 2-3 months; giving an impression that this is the safest portfolio in CBEC without any professional hazards.

There was a committee constituted in Feb,2004 under the Chairmanship of the then M(P&V) to examine the feasibility of introducing All India Seniority among the Group B,C&D cadres notwithstanding the fact that at the Group B level all the cadres were already having the same!! This Committee has un-necessarily linked the all India transfer liability as a pre-condition for adopting   All India Seniority for promotions only to create confusion among the cadres and they have easily succeeded in the same. 

It is well known to all by now that except the huge amount spent for the TA/DA for the All India tour by the few selected, none of these three Committees had brought out any change or solace to all those concerned/aggrieved. Further, to add insult to injury, ever since 1979, all the promotions to the Group A from the Group B cadres are being ordered only on Ad hoc basis.

It will be worth considering the Government of India regulations/conditions for resorting to ad hoc promotions: 

The Ad hoc promotions should not be made for the reasons of -

(i)-Absence of Rectt.Rules, (ii)-Revision of Rectt. Rules, (iii)-Cases are pending in Courts/Tribunals for resolution of disputed seniority list.

 Again, it has been stipulated the cases where Ad hoc promotion can be made

 (i)-Where there is no candidate in the approved panel.

(ii)-Where there is injunction by Court/Tribunal against filling up the vacancy on regular basis and the post cannot be kept vacant till the final judgment.

(iii)-Filling up short-term vacancies-Approved panel should be prepared taking into account vacancies likely to arise in the year. Senior most in the panel should be appointed against short-term vacancies of more than 45 days on ad hoc basis”.

From the above, it would be clear that the Ad hoc promotion being made to Group A cadre to fill up  the retirement vacancies by the CBEC is totally against these guidelines as none of the justifying situations are available.

The Adhocism followed all these years has now brought in the anomalous situation that after the latest promotion orders issued and there is wide disparity in the promotion among the three feeder cadres.

The Superintendent of Central Excise of June, 1991, Superintendent of Customs of June, 1996 and the Custom Appraisers of Mar, 1994 have become Assistant Commissioners even though the promotions are being ordered in the ratio of 6:1:2 among the cadres.

The strange ratio of 6:1:2 fixed in 1989 by the CBEC was in no way proportionate to the cadre strength of 3102:287:581.This ratio is being followed among even after the re-structuring implemented in 2002 with revised cadre strength of  9437:2520:809  respectively. On the pro rata cadre strength the ratio should have been 15:4:1. Even though the review and streamlining of RRs of all cadres was a pre-condition while approving the Cadre Restructuring by DOPT in Nov, 2001, the CBEC has not done anything on these lines on the RRs of the Group A service for best known reasons.

The recent orders, though  belatedly issued on 1-9-2006 promoting ten senior officers as Chief Commissioners have taken into account even the retirement vacancies arising on 30-09-2006. It is really a good gesture worth emulating for all the cadres. But the fact remains that though there are several vacancies of ACs   arisen due to retirement etc, the adhoc promotions from Group B to Group A are not regularly ordered for long what to talk about regular promotion.

The reasons for the disgruntlement   among the Superintendent of Central Excise –the largest among the Group B feeder cadres entrusted with the enforcement of Central Excise, Service tax and Land Customs work in the field  is well established and there is hardly any motivation to perform the job assigned.

The prolonged policy of Adhocism adopted in the Personnel management has earned the CBEC the reputation   as Brand Ambassador of Adhocism in Service matters among all the Government Departments. Now that yet another Member(P&V) has been posted ; let us hope, wish and pray for a positive approach in staff matters of the type discussed above. 

Tailpiece: Recently one DR Appraiser of 1972 working as AC from 1983 onwards (also regularized from 1985 by the review DPC held in Nov, 2000) was mentioning that there is no scope of being considered for promotion (before his retirement in a couple of years) as Commissioner though the 1986 batch DRs of IC&CE   have already been promoted. The true Martyr of ADHOCISM by CBEC—as also the victim of the never ending seniority dispute between the DRs and Promotees. It is high time CBEC also appoints HRD Consultant to keep its flock together and expect some motivational performance from its brilliant Officers on the close of the Financial Year for toning up revenue efforts.  

(  To be continued )