ALL INDIA ASSOCIATION OF CENTRAL
EXCISE
GAZETTED
EXECUTIVE OFFICERS
President: Address for
communication:
Secretary General:
A. Venkatesh 240, Razapur, Ghaziabad-201001
(U.P.)
Ravi Malik
Vice Presidents: Apurba Roy, P. C. Jha (East); A. K. Meena, Somnath Chakrabarty
(west); Ashish Vajpayee, Pranave Shekhar (North); B. Pavan K. Reddy, M.
Jegannathan (South); K.V. Sriniwas, T. J. Manojuman (Central) Joint
Secretaries: Ajay Kumar, R. N. Mahapatra (East); B. S. Meena, Sanjeev Sahai
(West); Harpal Singh, Sanjay Srivastava (North); M. Nagraju, P. Sravan Kumar
(South); Anand Kishore, Ashutosh Nivsarkar (Central) Office Secretary: C.
S. Sharma Treasuer: N. R. Manda Organising Secretary: Soumen Bhattachariya
(Recognised by G.O.I., Min. of Fin. vide
letter F.No. B. 12017/10/2006-Ad.IV A Dt.21.01.08)
Ref. No. 160/AIB/S/19
Dt. 18.07.19
To,
Sh. Ashok Kumar Pandey,
Member (Admin
& Vigilance), CBIC,
North Block, New Delhi.
Sub: In rem implementation of the Subramaniam
verdict.
Sir,
Kindly
refer to the various communications of the Association made on the subject
matter.
2.
Inviting your kind attention to the order passed by the Chief Commissioner of
GST & Central Excise of Mumbai Zone vide F. No. II/26(CON)-47/2017/207 Dt.
12.07.19 on the issue and the subsequent circular issued vide F. No.
II/26(CON)-05/2019/208 Dt. 15.07.19 to implement the verdict (copies of both
are enclosed herewith), it is requested to pass a reasoned and speaking order
in accordance of the law at Board level also.
3. It is to submit with due regards that the Association has submitted
various representations on the issue but no response has been received from the
concerned section of the CBIC on any of the representations till date. The issue was also raised before your
goodself during the meeting of 12.07.19 and you were kind enough to say that
the necessary action is being taken in the matter.
4. Now, the scenario is that the benefit is being given only to those
officers who are approaching the legal courts. As a result, the verdict has
been implemented in various zones in the case of the petitioners only. It means
that our thousands of affected officers are being forced to approach the legal
courts despite of the govt. policy for minimum litigations. It is really
unfortunate and injustice to implement the verdict in discriminatory manner at
some places and not to implement at other places.
5. It is reiterated that the verdict settled at the level of the Apex
Court is always treated as the law of the land as also being followed and
implemented by our CBIC in revenue matters. But unfortunately, Subramaniam
verdict is not being implemented despite of the review petition in SLP of the
CBIC also being dismissed by the Hon’ble Supreme Court which seems absolutely
contemptuous in nature and is to be treated as the contempt of the Apex Court.
6.
In view of the above, it is
once more requested to kindly pass a reasoned and speaking order in accordance of
the law on the issue for the sake of justice considering the points already
submitted by the Association and also issue a circular accordingly.
Thanking you,
Yours
sincerely,
Encls: As
above.
(RAVI
MALIK),
Secretary
General.
Copy with the request for necessary action to:
1) The Chairman, CBIC, North Block, New Delhi.
2) The Revenue Secretary, North Block, New Delhi.
3) The Expenditure Secretary, North Block, New Delhi.
4) The DOPT Secretary, North Block, New Delhi.
5) The Law Secretary, Shastri Bhawan, New Delhi.
6) The Cabinet Secretary, President House, New Delhi.
