" IRS OFFICERS PROMOTED FROM THE GRADE OF SUPERINTENDENT OF CENTRAL EXCISE ARE ALSO MEMBERS OF AIACEGEO. THIS IS THE ONLY ASSOCIATION FOR SUPERINTENDENTS OF CENTRAL EXCISE AND IRS OFFICERS PROMOTED FROM THE GRADE OF SUPERINTENDENT OF CENTRAL EXCISE THROUGH OUT THE COUNTRY . President Mr.T.Dass and SG Mr. Harpal Singh.

Thursday, 29 October 2020

Not providing infrastructure to officer for fieldwork

 Now deptt has started physical verification of new registration as well as registrations already issued. 


The flow of allotment is to high. It is also experienced that registrations are mapped with wrong geographic Range. Authorities not identifying range and allot PV to officers who have no jurisdiction over he locations. 

Also, authorities don't know how to reassign PV allotted to wrong JRS to correct JRS. 

Considering time constraints, all officers have to rush to filed for PV but no infrastructural facilities have been provided them i.e. camera or mobile to take photo or any type of vehicle facilities. 

Normally division office has one vehicle which is being used by Division head. I have rarely seen that vehicle is used for official use. There is possibility that division head avail Transport allowance and simultaneously use government vehicle for personal and family use. Problem is not of personal use but that it is not provided to staff for official duty. 

It is also understood that even if it is given to staff for official duty, how is it possible that one vehicle be used by 10/15 officers posted in Division/Ranges who are given PV in different locations. 

I had proposed for order that officer be given order to use personal/family vehicle for PV and claim mileage but request was neglected. 

Subordinate officers are compelled to use own vehicle or to hire vehicle and suffer expenses on their own. 

There may be cases where officer ask taxpayer to arrange for vehicle for "to and fro" or himself hire vehicle and reimburse payment from taxpayers. This is wrong practice. It is understood that it is compulson and not not choice but this situation is created by authorities not providing facilities to staff.

Also, there is chance for complaint for harrassment as well as bribe.  So officers should refrain from this practice and insist authorities to provide camera or mobile with facility of camera and internet etc. 

When camera or mobile phone etc are bot provided by the department, how all mechanism be framed in such a way that officer has to use own mobile? When mobile and simcard are purchased, recharged by officer from pocket, how deptt compel to use it for government?

What if officer no phone or only one phone at home?  Is it precondition for person that he must buy ulgraded mobile, simcard and recharge for government?

All officers are suffering but not making proposal to provide infrastructural facilities. All are afraid of transfer to remote locations or low grading in APAR. 

It is pitable situation.😭.

-MK Gandhi, Superintendent, GST Division Rajkot-II

Tuesday, 27 October 2020

Status of Legal Cases

 STATUS OF LEGAL CASES

A. In Delhi CAT:

1. Arrears of pay at par with NCB Supdts w.e.f. 01.01.96- On final hearing. Issue involved is that NCB Superintendents' pay scale was enhanced later than us in the month of May, 2005 giving them parity with our Superintendent. They were also granted four years time scale to give parity with us. Our pay scale was enhanced in the month of April, 2004. They were given arrears since 01.01.96 whereas we were given no arrears and our pay scale was enhanced prospectively instead of giving benefit of arrears to us also since 01.01.96 to maintain parity. They were our part and parcel with common seniority list and promotion to the common post of Asstt. Commissioner under the same CBIC before being handed over to the control of MHA in 2003. We will also get the arrears since 01.01.96 by winning this case. 

2. In rem implementation of Subramaniam issue- On final hearing. Issue involved is the grant of time scale after four years of getting the pay scale of Superintendent to all officers without approaching the court on individual basis.

3. In rem implementation of Balakrishnan/Chndrasekaran verdict relating to MACP- Already won by us. CONTEMPT already filed in which notice issued. Issue involved was not to offset the time scale with MACP upgradation, i.e., not to count time scale as one MACP upgradation, for all officers. But the CAT agreed only for those officers who got time scale prior to 01.09.08. By it, at least all the affected officers (who joined as direct Inspector) shall get GP of Rs. 6600/- as IIIrd MACP ugradation instead of Rs. 5400/- and the officers who joined one level below the Inspector shall get GP of Rs. 5400/- in PB3 instead of PB2. They will also get the due arrears. A case seeking the GP of Rs. 6600/- and 7600/- for all officers is already being prepared.

4. Implementation of junior senior clause- on final hearing. Issue involved is promotion of senior officer  if junior is promoted by counting of earlier service which was not the part of existing seniority list. It will benefit both categories. 

B. Allahabad CAT:

1. Pay parity with Chief Enforcement Officer as recommended by VIth CPC under para 7.15.24- Our rejoinder filed. Issue involved is the implementation of the para 7.15.24 of the VIth CPC report. The Chief Enforcement Officers and our Superintendents were in the same pay scale originally but the earlier category was placed in the pay scale of Rs. 7500-1200/- later and Rs. 8000-13500/- finally. The VIth CPC very specifically recommended to maintain the established parity in future too. By winning this case, we will get the due arrears since 01.01.96.

2. Promotion of our Supdt to DC instead of AC- Our rejoinder filed. Issue involved is promotion of our Superintendent to a STS (GP of Rs. 6600/-) post instead of JTS (GP of Rs. 5400) post like the most of other counterparts of Central as well as State Governments.

3. Upgradation of posts & scale under GST at par with state officers- Our rejoinder filed. Issue involved is upgradation of the post of Superintendent to AC, AC to DC, DC to JC, JC to ADC and so on as done under State GST. It also involves the grant of the initial pay scale of GP of Rs. 5400/- in PB3 to our Superintendent.

4. Uniform pay fixation formula i.e. multiplication factor of 2.67- Our rejoinder filed. Issue involved is the enhancement of the pay fixation formula to the level of 2.67 as done for the Level 13 (ADC level) officers. By winning this case, our basic pay will be enhanced and we will also get the due arrears since 01.01.96.

5. Implementation of in situ promotion scheme to grant promotion as AC & DC after 20 & 25 years of service from date of approval of this scheme w.e.f. 2011- Our rejoinder filed. Issue involved is the implementation of the in-situ promotion scheme w.e.f. the date of its approval for instant benefit of our officers as got approved by the Association in 2011. This will benefit large number of our officers who are unable to get promotion to the post of AC and DC for the want of functional posts. By winning this case, due arrears shall also be paid to our officers.

6. Arrears of pay w.e.f. 01.01.86 based on Jabalpur CAT order- Our rejoinder filed. Issue involved is the payment of arrears to our officers since 01.01.86 at par with the Inspectors of CBI. 

7. Promotion of ad hoc AC to DC on completion of 4 years of service- Our rejoinder filed but we have to file another rejoinder based on correctly numbered counter of govt as their counter was numbered wrongly. Issue involved is to promote all of our officers promoted as AC against the temporary posts to the post of Deputy Commissioner after completion of four years of service and to count their service for further promotions too.

8. Contempt in Subramaniam verdict- Our rejoinder filed. Issue involved is in-rem implementation of the Subramaniam verdict as mentioned against S. No. 2 in the list of the cases being fought in Delhi CAT.

9. Removal of stagnation independent of cadre restructuring as approved by Cabinet- Govt counter awaited. Issue involved is to bring a scheme to remove the stagnation being faced by our officers independent of Cadre Restructuring as got approved by us from the Cabinet in 2013.

10. NFU to grant financial parity with CSS (This case is in the name of individuals)- Govt. counter awaited. Issue involved is the grant of the pay scale of the post on which our best placed counterpart of CSS recruited in the year of our recruitment is working. It shall give at least financial compensation for the want of functional promotions to our officers and they shall be able to get the GP of Rs. 8700/- or above as the counterparts of CSS are already reaching the level of Joint Secretary (our Commissioner).

C. Writ in Delhi High Court:

1. Time scale to our officers in PB3 instead of PB2 after 4 years of service- Writ already admitted and our rejoinder filed. Issue involved is the grant of four years time scale to our officers in GP of Rs. 5400/- PB3 instead of PB2 and w.e.f. 01.01.96 instead of 01.01.06 at par with the counterparts of CSS. It shall also grant one higher step of MACP upgradation to our officers. 

2. NFU seeking financial parity with CSS counterparts- Writ admitted and our rejoinder to be filed. Issue involved is as mentioned at S. No. 10 of the list of the cases of Allahabad CAT. 

D. Cuttack High Court:

1. Writ seeking pay scale of DSP of CBI for our Supdts- Admission stage. Issue involved is the grant of pay scale (equivalent to GP of Rs. 5400/- in PB3) to our Superintendents at par with the DSP of CBI with arrears w.e.f. 01.01.86.

2. Arrears of pay at par with CBI Insprs- Admission stage. Issue involved as per the S. No. 6 of the list of cases in Allahabad CAT.

E. Pay arrears writ in Jabalpur High Court - Rejoinder filed (filed in the name of individual). Issue involved is as above.

F. We also have to challenge overall MACP Scheme as the result of the observation made by the Supreme Court in one case of grant of MACP upgradation in promotional hierarchy. Case being prepared seeking GP of Rs. 6600/- & 7600/- for our officers.


Wednesday, 21 October 2020

Grade Pay of Rs. 6600/-

 Namaste friends. 

I am unable to stop myself to say a few words about contempt case filed in Delhi CAT by our AIB (All India Body) in the name of Sh. Sudesh Kumar recently. This case was originally filed by AIB in Delhi CAT in the name of Delhi unit due to some strategic reasons as advised by the advocate for in rem implementation of Balakrishnan/Chandrasekaran verdict. Same strategy was adopted by AIB when a writ was filed by AIB in the name of sh. Vimal Kumar & two of our units in supreme court to get RRs changed successfully. Now as a result of this case of Delhi CAT, all of our officers who got scale of supdt as ACP upgradation or promoted to the post of Supdt prior to 1.9.04 and got 4 years time scale before 1.9.08 will be benefitted. Their time scale will not be offset with MACP upgradation and will not be counted as one MACP upgradation. Thus all officers who joined as Inspr prior to 1.9.92 at least will get GP of 6600/- instead of 5400/- as IIIrd MACP upgradation and those promotee Insprs who joined one step below prior to 1.9.92 will get GP of 5400/- in PB3 instead of PB2. Another case to get GP of 6600 & 7600/- for all is already under preparation. 

As said above, a case is alredy being prepared to get 6600 & 7600 for all. The case filed in Delhi CAT was not particularly for Insprs before 1.9.92 but it was for all for in-rem implementation of Balakrishnan/Chandrasekaran verdict NOT TO COUNT 4 YEARS TIME SCALE/NFG AS MACP UPGRADATION FOR ANYBODY WHETHER BEFORE 1.9.08 OR AFTER IT but CAT agreed only for those who got time scale before 1.9.08.

Regards, 

Harpal Singh, Secretary General, AIACEGEO.

Monday, 19 October 2020

10 Common Mistakes made by a Taxpayer in GST

 Taxpayers and Tax Practitioners both commits some errors or mistakes in the filing of GST Registration or during GST Return Filings.

GST was commenced in 2017 and since then taxpayers are committing some mistakes even till now, which we would like to raise so that after reading this article taxpayers can save their money by saving late fees as imposed on such errors or mistakes in GST Filings.

So, after consulting with so many GST Consultants in India we are finally mentioning top mistakes that are prevailing in the market. Please read this article fully so as to be aware of-

1. Forgetting Filing of GST Returns in case of NO BUSINESS.

Many times it had been seen that taxpayers take GST registration to start a business idea or simply to open a current account in a nationalized bank. But to save the money in fees of GST Consultant Services they avoid filing of GST Returns, if they do not have any transaction in the business. So, this is to tell you that even NIL GST returns attracts late fees if not filed on due time.

2. Update contact information of taxpayers and not of tax professionals.

In the view of saving some time in filing of GST Returns most of the tax practitioners update Phone Number and Email ID of themselves and not of taxpayer’s. This may create problem as sometimes it has been seen that department of GST was not able to communicate the taxpayer due to non availability of contact info and ultimately may result to harsh provisions for taxpayers and even for tax practitioners.

3. Booking ITC (Input Tax Credit) without following rules properly.

In GST it is clearly stated that for booking and availing ITC one have to adhere some rules and conditions, one of the important rule is that taxpayer should have possessed the Tax Invoice for the purchases on which he is booking ITC, second main rule is the invoice for which ITC is going to be booked should be visible in GSTR-2A/2B but in many cases this is found that taxpayers takes ITC on the basis of invoices only which may result in dis-allowance of credit so booked.

4. Non Payment of GST in Reverse Charge Mechanism.

Reverse charge was imposed by GST as same as it was in VAT or Service Tax previously. There are certain supplies in GST which attracts GST on reverse charge manner, which means GST on those supplies have to be paid by the receiver or buyer of the supply and not by the supplier or seller of the supply.

Most common supply in RCM is supply of services by goods transport agencies, hence one should take care for the payment of GST under reverse charge mechanism. On the other hand supplier of such services has to be cautious that he needs not to pay GST on his supplies otherwise it will be counted as double payment of tax.

5. Non Filing of Final Return GSTR-10.

Person takes GST registration in view of starting a business but not everyone gets successful in having a good business. So they finally decides to surrender the GST number they have taken but in this case they don’t know or they forgets to file Final Return, i.e., GSTR-10.

GSTR-10 has to be filed within stipulated time after cancellation of GST number otherwise it will attracts late fees at rate of Rs.100 per day in CGST and Rs.100 per day in SGST (maximum to Rs.10000). So be careful that you need to file Final Return GSTR-10 if you gets your GST number cancelled.

6. Wrong understanding of LUT.

LUT (Letter of Undertaking) is a documents which is required to be filed by the exporters if they are opting for the export of goods or services without payment of tax.

On many websites and many blogs we can read that LUT is valid for 1 year, but that’s not completely true. As per the rules LUT filed during the year is valid till the end of the particular Financial Year. For Ex-

LUT filed on 01st April 2019 will be valid till 31st march 2020 and LUT filed on 01st January 2020 will also be valid till 31st March 2020.

So please update your LUTs on time.

7. Non Updation of Additional Place of Busines (APOB).

Taxpayers may have more than one business premise in the same state but they show only their main office in the GST Registration. Although non updation of additional place of business does not affect GST revenue nor taxabilities but still this is a violation of GST law which can ultimately result in impose of penalties on the taxpayer.

8. Not mentioning Exempted Turnover in GST Returns.

Exempted supplies or zero rated supplies does not have any effect on the GST liability to be paid, this fact makes taxpayers lenient for the reporting rules for this sale.

Every business has to show its exempted or nil rated or zero rated sales in its GST returns 3B and GST Return 1. Other wise it will be considered as concealment of facts.

9. Enjoying benefits of Composition Scheme without being eligible.

Composition Scheme was launched to provide benefits or relaxations to the small tax payers of the Industry, but every benefits have its own conditions. For taking benefits of Composition Scheme one has to adhere with some conditions otherwise he will be considered as ineligible and may result in unplanned GST liability.

We have written a detailed article on Composition Scheme in GST, you can read it by clicking here.

10. Not mentioning HSN summary in GSTR-1.

Yes, it is important to mention HSN wise summary in the GST Return-1, though its not mandatory for all but everyone seems to take this condition as an option which is not good and will take you on the wrong side at the end.

Tuesday, 13 October 2020

Preventive measures to contain the spread of novel coronavirus

 

ALL INDIA ASSOCIATION OF CENTRAL EXCISE

GAZETTED EXECUTIVE OFFICERS

Patron                                                                   Chief Patron                                                               Patron

A. Venkatesh                                                           Ravi Malik                                                        C. S. Sharma

Mob. 7780255361                                             Mob. 9868816290                                          Mob. 9313885411

President:                                           Address for communication:                                  Secretary General:

T. Dass                                Flat No. 6, SE 11, Shastri Nagar, Ghaziabad                                   Harpal Singh

Mob.9848088928     mail Id:aiacegeo2019@gmail.com    Site:cengoindia.blogspot.in        Mob.9717510598

Vice Presidents: B L Meena, K V Sriniwas  (Central) Chinmoy Ghosh, Rajashish Dutta (East) Ashish Vajpayee, Amadul Islam (North) B Pavan K Reddy, M Jegannathan (South) Sanjeev Sahai, U D Meena (West) Joint Secretaries: S P Pandey, T A Manojuman (Central) Apurba Roy, Siddharth Tewari (East) A K Meena, S K Shrimali (West) Anand Narayan, Prabhakar Sharma (North) H Sadanand, M Nagaraju (South); All India Coordinator: B L Meena Office Secretary: B C Gupta Treasuer: Manoj Kumar Organising Secretary: Soumen Bhattachariya Liaisoning Secretary: Bhoopendra Singh

(Recognised by G.O.I., Min. of Fin. vide letter F.No. B. 12017/10/2006-Ad.IV A Dt.21.01.08)

Office address: 206, B wing, CGO Complex II, Kamla Nehru Nagar, Ghaziabad

Ref. No. 172/AIB/A/20                                                                                               Dt. 13.10.20

To,

Ms. Sungita Sharma,

Member (P&V), CBIC,

North Block, New Delhi.

Sub: Preventive measures to contain the spread of novel coronavirus (COVID-19) – Attendance of Central Government officials regarding.

Madam,

            Kindly refer to the DOPT OM issued vide F.No. 11013/9/2014-Estt.A.III Dt. 07.10.20 as well as MHA Order issued vide No. 40-3/2020-DM-I(A) Dt. 30.09.20 alongwith the National directives for the COVID-19 management.  

2. It is to submit with due regards that the officers of the level of Deputy Commissioner and above have to attend office on all working days. For the officers of the level of Asstt. Commissioner and below, at least 50% attendance is to be ensured. The attendance of more than 50% may be mandated, if required in public interest strictly ensuring the maintenance of social distancing under all circumstances. The staggered timings are also to be followed in the offices.

            3. Further, the officers/staff residing in the containment zone shall be exempted from coming to offices. They shall work from home and should be available on phone and electronic means all times. Persons with disabilities and pregnant women shall continue to work from home. Meetings, as far as possible, shall be conducted on video-conferencing and personal meetings with visitors, unless absolutely necessary in public interest, are to be avoided. Biometric attendance shall continue to be suspended.  

4. Heads of Departments shall ensure that the National directives for the COVID-19 management, which include instructions for regular sanitization/cleaning of working places, maintenance of social distancing norms, wearing of masks etc. are strictly complied with. It is also to be strictly ensured that there is no crowd in the corridors.  

            5. The National directives for the COVID-19 management issued by MHA include compulsory face coverings, social distancing, not to spit in public places, work from home as far as possible, staggering of working hours, screening & hygiene and frequent sanitisation. MHA has also ordered to protect vulnerable persons and advised the old persons, persons with comorbidities, pregnant women and children to stay at home except for essential and health purposes. Penal provisions have also been prescribed by MHA for not following the National directives for the COVID-19 management. The Heads of Departments have to ensure strict implementation of above referred DOPT OM and MHA Order.

            6. It is further to submit that CGST work involves no public interest as whole work is being done online under faceless mechanism without any public dealing and this work also doesn’t fall under the category of essential services. But very disappointingly, the above referred DOPT OM and MHA Order are not being followed strictly by the Heads of Departments at the most of the places in field formations under the kind control of our CBIC. By not following the said OM and Order, the lives of our officers and their families are being put on high risk in the time of Corona pandemic when every person is fighting to save the life.

7. In view of the above, it is requested to kindly direct all field formations under the kind control of CBIC to-

(i) Strictly follow all provisions, measures and directives of the DOPT OM and MHA Order.

(ii) Issue 50-50 attendance roster as per DOPT OM for the officers of the level of Asstt. Commissioner and below.

(iii) Follow the practice of work from home (WfH) as far as possible.

(iv) To allow the officers with comorbidities, pregnant women officers and disabled officers to work from home.

            Thanking you,

Yours sincerely,

                                                                                                                                                    

(HARPAL SINGH),

Secretary General.

Copy with the request for necessary action to:

(1)   The Finance Secretary, North Block, New Delhi.

(2)   The Chairman, CBIC, North Block, New delhi.

Saturday, 3 October 2020