Dear Friends,
The final proposals on behalf of our Association has been submitted after obtaining inputs from all quarters.
Members who want to send some improved proposals could still do so in their individual capacities.
The proposals submitted are as per the requirements of the overall interests of our cadre. We have refrained from putting some unworkable and populist demands.
This CR is going to be a defining moment in our careers.
If we get some benefit, we can survive. Otherwise, it is the end of the bridge.
Let us be cautious about those vested interests which would like to hear 'their voice', from our side.
To strengthen our own voice, we have to study the developments in similar departments and similar cadres.
Let us also remember that this is only the first stage. The real tough time will be after the draft proposals are finalized. It is at that time we have to be alert.
So all Office Bearers and members may collect as much materials as possible and enable the AIEC to effectively put forth our arguments, at the time of finalization of the CR.
Proposals:
FOR CADRE RESTRUCTURING 2018
1. Organisation to be structured
according to the present day requirement.
1.1. The CBIC does not any more enjoy
autonomy in policy making or its implementation,as far as GST is concerned. The policy for GST is made by the GST Council
and CBIC is only an implementation agency for Central GST. Even the assessee base is not stable since it
undergoes a change every 3 years, or even as may be decided by the GST Council
from time to time. The Organisational structure of CBIC for GST implementation
has to be comparable to the best standards of the State GST organizations.
1.2. In
respect of Customs, the CBIC has to take a call regarding how to regulate
postings into Land Customs areas from its GST formations and how to maintain
the staffing pattern without affecting the service interests of the personnel
deployed therein.
1.3. If
the service conditions and career progression of personnel on both sides in the
CBIC (GST and Land Customs on one hand and pure Customs on the other) cannot be
regulated on an equitable and fair basis, either the Board should be bifurcated
or the cadres be divided up to a point which would ensure that no junior person
having been recruited to the CBIC by the same process and at the same level would
ever become a supervising officer to a senior on the other side. During such a
division or bifurcation, it is imperative that a onetime option should be
obtained from all the staff to enable them to choose between the two streams
and their seniority has to be regulated as per principles of inter-se-seniority
based on the date of initiation of the process of recruitment for the initial
post to which they had been appointed.
1.4. The
following inequalities in career progression have crept in, at the
intra-departmental level, demoralizing the largest segment of the executive
cadre in the field, viz., the Inspector born community on the Central Excise
and GST side within the CBIC.
Situation
after promotion Order of 2018
|
||
Sl. No.
|
Cadre born in
|
Year of joining of Officers senior
most promoted
|
1.
|
Inspector
Central Excise
|
1984
& 1985
|
2.
|
Preventive
Officer
|
1993
& 1994
|
3.
|
Examiner
|
1998
& 1999
|
1.5. Among
Officers recruited through the same SSC Exam for the same position within the
Finance Ministry, the inequality in career progression is as below:
Name of the cadre
|
Present position
|
Inspector
of Income Tax
|
Who
joined in 1989 have become AddlCommisioners
|
Examiners
of Customs
|
Who
joined in 1998 have become ACs
|
Preventive
Officers
|
Who
joined in 1993 have become ACs
|
Inspectors
of Central Excise
|
Who
joined in 1985 are continuing only as Superintendents without even a second
promotion
|
1.6. The MACP has not done any benefit to
the Officers recruited as Inspectors, with the pre-revised scale of Rs. 4600 in
PB-2.The Officers recruited against the pay scale of Rs. 4600 PB-2 on promotion
in the Central Excise/GST side had taken as much as upto 18-20 years for the
first promotion to the post of Superintendent with the pay scale of only Rs.
4800 PB-2. In ACP the scale could be
obtained in 12 years. On completion of 4
years in the above scale the person could go to Rs.5400 PB-2. Though the said enhanced Grade Pay is part of
the same scale and has been held to be so by the Hon’ble Supreme Court in the
case of M. Subramaniam in our department and in many other cases as well, the
said decision has been taken on review and as a result the benefit has not
reached the members. Due to this
distortion, the GP of Rs.5400 PB-2 could alone be achieved through 2ndMACP
on completion of 20 years in most of the parts of India. With the third MACP on completion of 30 years
or on promotion as Assistant Commissioner the officer goes only to GP of 5400
in PB-3. In all the above cases, there
is only a fixation benefit for the individuals concerned. No other service under the Central Government
is known to have such a bleak career progression index. Yet, it is this accursed community which is
expected to perform the maximum tasks at the cutting edge in the field all
these decades.
1.7. Hence, as permitted by the MACP/ACP
Scheme itself, we should be able to have a scheme for time bound promotions in
CBIC.This will ensure that the intra-zonal and intra-departmental inequalities
in promotions will be mitigated.Ideally each officer should be ensured of a
career progression atleast to the extent as shown below:
On completion of
|
To be promoted as
|
8
years from entry as Inspector
|
Superintendent
|
15
years from entry as Inspector
|
Assistant
Commissioner
|
20
years from entry as Inspector
|
Deputy
Commissioner
|
25
years from entry as Inspector
|
Joint
Commissioner
|
30
years from entry as Inspector
|
Additional
Commissioner
|
35
years from entry as Inspector
|
Commissioner
|
1.8. Further, the present number of 2118
posts of Assistant Commissioners maintained outside the Group A Recruitment
Rules as ‘Temporary posts’, should be made permanent and regularized along with
the regularization to be undertaken in from 1.1.97 in a just and fair ratio as
directed by the Hon’ble Supreme Court in
the judgment dated 03.08.2011 in CIVIL APPEAL NO. 1198 OF 2005 (S.P. DUDEJA
& ORS VERSUS UNION OF INDIA & ORS).
1.9. As a permanent measure, a separate
Group B Recruitment Rules may be framed in CBIC, either together with the
Exclusively Customs Cadres, after merger as decided in 1996, or separately for
the GST and Land Customs on one hand and Exclusive Customs formations on the
other, in the lines of the IFS Group B Services enclosed as Annexure A. To illustrate that these
services co-exist along with the IFS Group A Services, copy of the IFS Group A
Services is also enclosed as Annexure B.This
alone will ensure that all intra zonal, inter zonal and intra departmental
disputes regarding seniority and promotional inequalities will be settled by
ensuring a time bound career progression.
This will also ensure that the 2118 posts of Assistant Commissioners (Temporary)
becomes regular and subsumed and that the time bound promotion required due to
the ineffectiveness of MACP to cater to the requirements of the Officers
recruited as Inspectors in CBIC is mitigated. We are also providing a Draft Group
B Recruitment Rules as Annexure C.
2. Each
post should have a definite role in terms of duties and responsibilities, in
each formation.
2.1. Duties and responsibilities of each
post and in each formation have to be notified in definite terms. No cadre review and work study could be done
in a scientific manner without being aware as to what work is to be performed
by each cadre/post.
2.2. Due to this vital prescription not
being in place, we have come to a point where most of the work is loaded on the
Superintendents who have 10 hierarchical cadres above only to supervise, ask
questions, give directions – at times impracticable due to the absolute
innocence of the concerned higher authority regarding the actual field/legal
position, call for reports in all hues and designs, but have no assistanceto
even lend a helping hand, due to (i) dire shortage of Inspectors in terms of
sanction as well as working strength and (ii) non-specification of duties for
that cadre also.
2.3. A copy of the duty list issued by
the CBDT is enclosed as Annexure D for
reference so that before embarking upon a study for re-organisation and number
of posts to be maintained at each level, a duty list is prepared for the
existing cadres in the department.
3. Responsibilities
should be on par with the comparable cadres:
3.1. When defining the duties and
responsibilities of Officers in the GST, it has to be on par with that of their
counterparts in the State GSTs.
3.2. In most of the States, powers of
scrutiny or assessment have been spread across the cadres of Assistant
Commercial Tax Officers (equivalent to the Inspectors in CBIC), Commercial Tax
Officers (equivalent to Superintendents), Assistant Commissioners and Deputy
Commissioners.
3.3. In the Income Tax also, Circles are
headed by either an Income Tax Officer or by an Assistant Commissioner
according to revenue limits.
3.4. On the contrary, a majority of the
statutory roles have been allocated to only the Superintendents in CBIC. The rule
wise functions, for each post as per the Central GST Act is enclosed as Annexure E.
Necessary corrections have to be made to the Central GST Act to even
out this difference and bring in rationality.
3.5. The following are some of the major
items of responsibilities suggested to be distributed to different cadres in
the field:
(i)
Officer
in every cadre shall be vested with their own financial and administrative
functions.
(ii)
The
fixing of duties and responsibilities shall be on par with the level of responsibility
of the posts held and salary drawn. Higher the cadre and salary, higher should
be the duties and responsibilities.
(iii)
Responsibilities
for scrutiny shall be clearly demarcated between all the cadres as follows :
Post
|
Turnover
of tax payers
|
Inspector
|
from Rs.10 to 50 lakhs
|
Superintendents
|
Ø
Rs.50
lakhs to Rs. 2Crores
|
Assistant Commissioner
|
Ø
Rs.
2 to 10 Crores
|
Deputy Commissioner
|
Ø
Rs.10
to 50 Crores
|
Joint Commissioner
|
Ø
Rs.50
to 200 Crores
|
Additional Commissioner
|
Ø
Rs.200
to 500 Crores
|
Commissioner
|
Ø
Rs.500
Crores.
|
(iv)
Extent
and percentage of scrutiny at each level shall be specified.
(v)
There
should be a random scrutiny by an Officer one level above, for a specified
percentage, so that responsibility will be specific as well as collective.
(vi)
Adjudication
powers may be prescribed for each post as below:
Post
|
Turnover
of tax payers
|
Superintendents
|
UptoRs. 20 Lakhs
|
Assistant Commissioner
|
Ø
Rs.
20 Lakhs to 30 Lakhs
|
Deputy Commissioner
|
Ø
Rs.30
Lakhs to 50 Lakhs
|
Joint Commissioner
|
Ø
Rs.50
Lakhs to 1Crore
|
Additional Commissioner
|
Ø
Rs.
1 Crore to Rs. 3Crores
|
Commissioner
|
Ø
Rs.3Crores.
|
(vii)
Commissioners
may be given Revisionary powers as done in the State GSTs.
4. The
number of posts at each level should be commensurate to the actual field
requirements.
4.1. The staff pattern of State GST in
Maharashtra, Gujarat&Chhattishgarh are as below:
Name
of post
|
Maharashtra
|
Gujarat
|
Chhattishgarh
|
Deputy Commissioner
|
401
|
82
|
15
|
Assistant Commissioner
|
590
|
269
|
72
|
Sales Tax Officer (Gr. B Gazetted)
|
1191
|
717
|
100
|
4.2. The sanctioned and working strength
of different cadres in Commercial Tax Departments in Karnataka is given below
in detail:
SL.NO
|
DESIGNATION
|
SANCTIONED POSTS
|
WORKING STRENGTH
|
VACANT POSTS
|
GROUP A AND B POSTS
|
||||
01
|
COMMERCIAL TAX
COMMISSIONER IAS
|
1
|
1
|
0
|
02
|
COMMERCIAL TAX
ADDITIONAL COMMISSIONER IAS
|
1
|
1
|
0
|
03
|
COMMERCIAL TAX
ADDITIONAL COMMISSIONER
|
14
|
9
|
5
|
04
|
COMMERCIAL TAX JOINT
COMMISSIONER
|
42
|
37
|
5
|
05
|
COMMERCIAL TAX
DEPUTY COMMISSIONER
|
153
|
81
|
72
|
06
|
COMMERCIAL TAX
ASSISTANT COMMISSIONER
|
386
|
290
|
96
|
07
|
COMMERCIAL TAX
OFFICER
|
626
|
509
|
117
|
SUB TOTAL 1
|
1223
|
928
|
295
|
|
GROUP C AND D POSTS
|
||||
08
|
COMMERCIAL TAX
INSPECTORS
|
1367
|
842
|
525
|
09
|
FIRST DIVISION
ASSISTANT
|
837
|
678
|
159
|
10
|
STENOGRAPHERS
|
442
|
188
|
254
|
11
|
SECOND DIVISION
ASSIATANT
|
1661
|
892
|
769
|
12
|
TYPIST
|
459
|
97
|
362
|
13
|
TAX RECOVERY OFFICER
|
508
|
190
|
318
|
14
|
TELEPHONE OPERATORS
|
4
|
0
|
4
|
15
|
ELECTRICIAN
|
1
|
0
|
1
|
16
|
DRIVERS
|
215
|
108
|
107
|
17
|
DESPATCH RIDERS
|
1
|
0
|
1
|
18
|
LIFT OPERATORS
|
8
|
8
|
|
19
|
CONSOLE OPERATOR
|
4
|
0
|
4
|
20
|
SUPERVISOR
|
4
|
0
|
4
|
21
|
NUMBER ENDORSERS
|
36
|
0
|
29
|
22
|
GROUP D STAFF
|
1172
|
330
|
842
|
SUB TOTAL 2
|
6719
|
3332
|
3387
|
|
GRAND TOTAL(1+2)
|
7942
|
4259
|
3683
|
4.3. The sanctioned and working strength
of different cadres in Commercial Tax Departments in Tamil Nadu is given below
in detail:
SNo
|
Name
of the Post
|
Scale of Pay (Rs.)
|
Grade
|
Pay Band
|
sanctioned
|
Actual
|
||||||
Pay
|
Strength
|
strength
|
||||||||||
(1)
|
(2)
|
(3)
|
(4)
|
(5
|
)
|
(6)
|
(7)
|
|||||
1
|
Commissioner
of Commercial Taxes
|
I.A.S. Cadre
|
1
|
1
|
||||||||
2
|
Joint
Commissioner ( Admn )
|
I.A.S. Cadre
|
1
|
0
|
||||||||
3
|
Joint
Commissioner (CT)
|
I.A.S. Cadre
|
4
|
4
|
||||||||
4
|
Additional
Commissioner (CT)
|
37400 - 67000
|
8800
|
P.B-
|
4
|
7
|
5
|
|||||
5
|
Joint
Commissioner (CT)
|
15600
- 39100
|
7600
|
P.B
|
3
|
29
|
27
|
|||||
6
|
Joint
Director of Statistics
|
15600 - 39100
|
7600
|
P.B-
|
3
|
1
|
1
|
|||||
7
|
Deputy
Commissioner ( GS )
|
15600 - 39100
|
7600
|
P.B
|
3
|
1
|
1
|
|||||
8
|
Financial
Advisor and CAO
|
15600 - 39100
|
7600
|
P.B
|
3
|
1
|
1
|
|||||
9
|
Legal
Officer
|
15600 - 39100
|
7600
|
P.B-
|
3
|
1
|
0
|
|||||
10
|
Deputy
Commissioner ( CT )
|
15600 - 39100
|
6600
|
P.B-
|
3
|
98
|
53
|
|||||
11
|
Assistant
Commissioner ( GS )
|
15600 - 39100
|
6600
|
P.B-
|
3
|
1
|
0
|
|||||
12
|
System
Analyst
|
15600 - 39100
|
6600
|
P.B-
|
3
|
3
|
3
|
|||||
13
|
Assistant
Director of Statistics/ Lecturer
|
15600 - 39100
|
5400
|
P.B-
|
3
|
1
|
1
|
|||||
14
|
Programmer
|
15600 - 39100
|
5400
|
P.B - 3
|
2
|
0
|
||||||
15
|
Administrative
Officer
|
15600 - 39100
|
5400
|
P.B-
|
3
|
6
|
2
|
|||||
16
|
Public
Relations Officer
|
15600 - 39100
|
5400
|
P.B-
|
3
|
1
|
1
|
|||||
17
|
Assistant
Commissioner (C.T )
|
15600 - 39100
|
5400
|
P.B-
|
3
|
353
|
285
|
|||||
18
|
Commercial
Tax Officer
|
9300 - 34800
|
5100
|
P.B-
|
2
|
684
|
575
|
|||||
19
|
Statistical
Officer
|
9300 - 34800
|
5100
|
P.B-
|
2
|
1
|
1
|
|||||
20
|
Junior
Research Officer
|
9300 - 34800
|
5100
|
P.B-
|
2
|
10
|
8
|
|||||
21
|
TNMS /Superintendent
|
9300 - 34800
|
4800
|
P.B -
|
2
|
32
|
32
|
|||||
22
|
Deputy
Commercial Tax Officer
|
9300 - 34800
|
4800
|
P.B-
|
2
|
1334
|
1009
|
|||||
23
|
Statistical
Inspector
|
9300 - 34800
|
4800
|
P.B-
|
2
|
36
|
6
|
|||||
24
|
Deputy
Programmer
|
9300 - 34800
|
4600
|
P.B - 2
|
4
|
4
|
||||||
Assistant
Programmer
|
9300 - 34800
|
4400
|
P.B-
|
2
|
18
|
16
|
||||||
26
|
Stenographer - Grade I
|
9300 - 34800
|
4300
|
P.B-
|
2
|
1
|
1
|
|||||
27
|
Stenographer
- Grade II
|
9300 - 34800
|
4200
|
P.B-
|
2
|
7
|
3
|
|||||
28
|
Service
Engineer
|
5200 - 20200
|
2800
|
P.B-
|
1
|
1
|
1
|
|||||
29
|
Junior
Draughtsman
|
5200 - 20200
|
2800
|
P.B-
|
1
|
1
|
0
|
|||||
30
|
Assistant
/ Sales Tax Collection Inspector / Gujarathi
|
5200 - 20200
|
2800
|
P.B - 1
|
2524
|
1629
|
||||||
Assistant
/ System Assistant
|
||||||||||||
31
|
Stenographer
- Grade III
|
5200 - 20200
|
2800
|
P.B-
|
1
|
127
|
112
|
|||||
32
|
Assistant
Statistical Investigator
|
5200 - 20200
|
2800
|
P.B-
|
1
|
2
|
1
|
|||||
33
|
Junior
Assistant
|
5200 - 20200
|
2400
|
P.B-
|
1
|
1443
|
885
|
|||||
34
|
Typist
|
5200 - 20200
|
2400
|
P.B-
|
1
|
652
|
336
|
|||||
35
|
Driver
|
5200 - 20200
|
2400
|
P.B-
|
1
|
234
|
182
|
|||||
36
|
Telephone
Operator (Junior Assistant )
|
5200 - 20200
|
2000
|
P.B -
|
1
|
1
|
0
|
|||||
37
|
Service
Assistant
|
5200 - 20200
|
1900
|
P.B-
|
1
|
2
|
0
|
|||||
38
|
Telephone
Operator ( RC)
|
4800 - 10000
|
1400
|
P.B-
|
1A
|
4
|
0
|
|||||
39
|
Record
Clerk
|
4800 - 10000
|
1400
|
P.B -
|
1A
|
706
|
405
|
|||||
40
|
Lift
Operator
|
4800 - 10000
|
1400
|
P.B-
|
1A
|
11
|
3
|
|||||
41
|
Office
Assistant
|
4800 - 10000
|
1300
|
P.B-
|
1A
|
1294
|
676
|
|||||
42
|
Duffedar
|
4800 - 10000
|
1300
|
P.B -
|
1A
|
2
|
2
|
|||||
43
|
Gardener
|
4800 - 10000
|
1300
|
P.B- 1A
|
1
|
0
|
||||||
44
|
Masalchi
/ Watchman /Watchman cum-
|
4800 - 10000
|
1300
|
P.B- 1A
|
81
|
61
|
||||||
Sweeper/Guard/Water
Carrier
|
||||||||||||
45
|
Load
Man
|
4800 - 10000
|
1300
|
P.B - 1A
|
10
|
6
|
||||||
GRAND TOTAL
|
9734
|
6339
|
||||||||||
4.4. In comparison to the above, we have
thefollowing staffing pattern for GST in CBIC as on date:
Category
|
No of posts
|
Principal Chief Commissioner
|
7
|
Chief Commissioner
|
14
|
Principal Commissioner
|
30
|
Commissioner
|
174
|
Joint/Additional Commissioner
|
454
|
Assistant /
Deputy Commissioner
|
2339
|
SUPDT/APPRAISERS
|
12229
|
INSP/EXAMINER/PO
|
16138
|
4.5. Staff patterns in Odisha and Bihar
State GSTs specifically compared to the Central GST of the respective regions are
illustrated below:
Comparison of Posts under CGST and
SGST in Odisha
|
||
Name of post
|
Sanctioned strength in CGST
administration
|
Sanctioned strength in SGST
administration
|
Chief Commissioner
|
1
|
0
|
Commissioner
|
4
|
1
|
ADC/JC
|
9
|
40
|
DC/AC
|
48
|
96
|
Superintendent +Inspector
|
522
|
419
|
Comparison of Posts under CGST and
SGST in Bihar
|
||
Name of post
|
Sanctioned strength in CGST
administration
|
Sanctioned strength in SGST
administration
|
Chief Commissioner
|
1
|
0
|
Commissioner
|
4
|
1
|
ADC/JC
|
8
|
67
|
DC/AC
|
41
|
313
|
Superintendent +Inspector
|
364
|
403
|
4.6. A similar comparison done in the
case of Kerala is as below:
Name of post
|
Sanctioned strength in CGST
administration
|
Sanctioned strength in SGST
administration
|
PCC/Chief Commissioner
|
1
|
0
|
PC/Commissioner
|
7
|
1
|
ADC/JC
|
12
|
4
|
DC/AC
|
56
|
163
|
Superintendent
|
339
|
557
|
Inspector
|
532
|
981
|
Ministerial
|
211
|
2018
|
Drivers
|
29
|
130
|
Havaldars/Head Havaldars/Office
Assts
|
330
|
757
|
4.7. From the above comparison between
the State GST staffing patterns with the Staffing pattern in the Central GST, the
following primary points are observed:
(i)
The
ratio between the promotional posts and the higher posts are better in the
State GSTs, particular at Group B and entry level to Group A.
(ii)
They
have more hands at the lower levels to perform mundane and office work while
the Executive Staff are better utilised for field activities.
(iii)
The
posts in higher scales of the Group A structure in the State GSTs have
functional justifications.
(iv)
The
State GSTs have a more comprehensive and stable structure including
infrastructure like vehicles and drivers in enough numbers.
4.8. Some
reasons for the distorted structure in CBIC:
(i)
Creation
of posts to enable promotions alone, without specific necessity or duties.
(ii)
Surrender
of more posts at the lower levels to create fewer posts at higher levels with
more pay, in the name of matching saving.
(iii)
Whenever
newer levies like Service Tax were implemented, the extra work was loaded on
the pre-existing work force.
(iv)
Diversions
of posts from Central Excise/GST areas to Land Customs work without creation of
posts for such formations.
(v)
Re-organisations
or cadre reviews conducted without relation to the actual work load at each
point and formation, but only based on revenue.
(vi)
Transgression
into LTU method of assessment and audit.
(vii)
Technology
like ACES and GSTN, expected to reduce manpower at lower levels, designed and
implemented without taking into account the necessities of the department, but
only based on theoretical knowledge of the software designers, thereby,
increasing work load for actual data capturing, as required by various
authorities.
4.9. The heat of the distortion created
due to the above reasons is now felt, when the performance of the CBIC in GST
is sought to be compared with that of the State GSTs.
4.10. The
Chief Commissioner of Hyderabad therefore came up with the following analysis,
to compare the position of the Central GST vis-Ã -vis the State GST.
4.11. Accordingly,
the following proposals are made for augmentation of staff and distribution of
work on an equitable and comparable basis, to be competitive with the State GST
structures:
(i)
The
present Ranges may be renamed as Circles with each circle to be headed by an
Assistant Commissioner who shall be vested with the Executive powers of Registration,
Survey, Scrutiny, etc.
(ii)
The
number of tax payers should be only in the range of 500 to 600 depending upon
the jurisdictions for effective management.
(iii)
Jurisdiction
shall be determined based on the PIN Code of the tax payers’ principle place of
business.
(iv)
AC/DC
shall be the supervisory Officer for a Circle consisting of 2 Superintendents,
6 Inspectors,12STA/EAs, 2 Head Havaldar/Havaldar and 4nos of MTS staff.
(v)
The
Circle shall be divided into two groups. One group for carrying out the work of
GST Scrutiny, Registrations, Refunds, Sensitization, Survey etc and the second
group to concentrate on the works relating to Legacy of erstwhile Central
Excise, Service tax assesses viz., issuance of periodical Show Cause Notices,
all previous ERs/ ST-3 assessments, RnC of all previous returns, monitoring of
default payments, collection of arrears of revenue, etc. [As per the erstwhile
Central Excise and Service Tax laws, legacy work will remain for the next five
adjudicating years and shortage of staff
will lead to heavy revenue loss.]
(vi)
Every
group will consist of One Superintendent, 3 Inspectors, 6 STA, 1 Havaldar and 2
MTS.
(vii)
Every
5 circles shall be constituted into a Division.
(viii)
Every
division shall be headed by a Joint Commissioner with one AC/DC for Adjudication,
Refunds and Scrutiny purposes, one AC/DC for Legacy work of Central Excise and
Service tax laws including realization of arrears, monitoring of scrutiny of
returns, default realisations, Adjudication &call book etc and a third AC/DC
for administration, Infrastructure for all the circles and divisions, staff
management, pay bills etc.
(ix)
Under
the charge of the Assistant Commissioners number one and two,there shall be twoSuperintendents,
four Inspectors, 2 STA/ EAs, 1 Havaldar and two MTS staff.
(x)
The
third AC shall be assisted by 1 AO, One DOS level officer, 2 EAs/ STAs. 2 Head
havaldar, 4 MTS staff and one Inspector for PRO work.
(xi)
The
Hqrs Office shall comprise of One Commissioner for every 5 Divisions. There shall be One Additional Commissioner
for all Review work and One Joint Commissioner for Preventive / E-way bill verification
and a third Joint Commissioner for all Administrative functions such as
Estt/Admn/Vigilance/Pay bills etc. Each
of the above officers shall be assisted by One AC for four sections which will
function with Two Superintendents, six Inspectors, 2 EAs/STAs, One havaldar and
two MTS, each.
(xii)
There
shall be separate Commissionerates for Preventive, Audit and Appeal functions.
(xiii)
Every
Commissionerate should have the same strength of officers as that of their
executive counterparts.
(xiv)
There
shall be adequate field staff for the functioning of verification of E way
bills, auditing of units etc.
(xv)
There
shall be one Audit Commissionerate for every Executive Commissionerate. At
present, the Audit Commissionerates are auditing only 5.5% to 6% of the tax
payers. The staff strength should be
increased to Audit at least 20% of the total taxpayers in every
Commissionerate. This will enable audit of 100% taxpayers in a period of 5 years.
(xvi)
Every
state shall have a separate directorate for Supervisory functions in respect of
Training, Anti -Evasion, Audit, Data warehousing etc. presently functioning as
DGGST, NACIN, Directorate of Audit, Directorate of Systems etc. Special pay
should be made available tothe incumbentsin these Directorates to ensure that
Officers with proper aptitude and willingness opt for these posts.
(xvii)
All
offices and sections shall be provided with proper space as per rules in force
with supporting staff and infrastructure for record rooms etc.
(xviii)
All
formations, from the Circle upto the Headquarters should be augmented with
proper vehicle facilities.
(xix)
For
all Officers having adjudication powers Stenos should be provided.
(xx)
The
functions of scrutiny, adjudication, etc should be made flexible for adjacent posts
in the hierarchy so as to fit into the requirement of enabling time-bound
promotions as suggested in earlier paras.
(xxi)
Considering the vast experience of
the CBEC in dealing with classification/ valuation disputes on manufacture,
service and clearances, the entire work of Audit and Anti-evasion of all GST
assesses may be sought to be done by the Union Government.Consortiums under the GST
council for the above said purposes, consisting of higher posts, not carrying
justification in the GST set-up and that could not be utilized in the Customs
and Directorates should be created, to utilize the services and rich
experiences of those officers. Officers
from the Central GST as well as State GSTs could be taken on deputation to
these consortiums, upto the level of Joint Commissioners.
5. Each
post should carry pay commensurate to the level of responsibilities and comparable
to that of the equivalent and similarly placed posts in other organizations.
5.1. The Superintendents of C.Ex &
GST have to be placed in the replacement scale of Rs. 5400 in PB-2. This will settle the anomaly viv-a-vis the
Superintendents of Posts, etc as elaborated in Annexure F. This is expenditure neutral.
5.2. If a post of Senior Superintendent
is to be created, it may be only in the replacement scale of Rs. 5400 in
PB-3. All Superintendents of C.Ex&
GST currently drawing the replacement scale of Rs. 5400 in PB-2 should be
upgraded Sr. Superintendents or as Assistant Commissioners with the scale of
Rs. 5400 in PB-3. This is also expenditure neutral and will settle the
disparity between the situation of Superintendents of GST in CBIC vis-Ã -vis
their counterparts in State GSTs.
5.3. In states of Maharashtra, Rajasthan
and Tamil Nadu, the ACTOs equivalent to our Inspectors are on the pay scale of
Rs. 4800 in P.B-2. In Rajasthan, the CTOs, equivalent to our Superintendents
are on the scale of Rs. 6000, while their counterparts in West Bengal and Maharashtra
are on the scale of Rs. 5400. The
equivalent cadres in other State GSTs are also moving towards having a uniform
pay structure along with the highest in the segment. Further, in some of the
states like Telengana, all the Officers have been upgraded by one level.
5.4. Thus, it becomes imperative to place
the Inspectors on the pay scale of Rs. 4800 PB-2 and Superintendents on the pay
scale of 5400 PB-3. If the pay scale of
Rs. 5400 in PB-2 is to be maintained to the Inspectors on completion of 4 years
in the scale of Rs. 4800 PB-2 then it could be designated as Superintendent and
the scale of Rs. 5400 PB-3 be designated as Senior Superintendent, in which
case the scale of Assistant Commissioner shall be Rs. 6600 PB-3.
Synopsis of proposals:
1)
In
re-organisation of GST and Customs, either the Board should be bifurcated or
the cadres be divided up to a point which would ensure that no junior would
become a supervising officer to a senior.
2)
During
such a division or bifurcation, a onetime option should be obtained from all
the staff to enable them to choose between the two streams.
3)
Each
officer should be ensured of a career progression atleast to the extent as
shown below:
On completion of
|
To be promoted as
|
8
years from entry as Inspector
|
Superintendent
|
15
years from entry as Inspector
|
Assistant
Commissioner
|
20
years from entry as Inspector
|
Deputy
Commissioner
|
25
years from entry as Inspector
|
Joint Commissioner
|
30
years from entry as Inspector
|
Additional Commissioner
|
35
years from entry as Inspector
|
Commissioner
|
4)
The
present number of 2118 ‘Temporary posts’ of Assistant Commissioners should be
made permanent and regularized.
5)
As
a permanent measure, a separate Group B Recruitment Rules may be framed in CBIC
on the lines of the IFS Gr B Rules.
6)
Duties
and responsibilities of each post and in each formation have to be notified in
definite terms.
7)
Responsibility
for scrutiny and adjudication powers to be spread over to cadres upto
Commissioners.
8)
Functions
of scrutiny, adjudication, etc should be made flexible for adjacent posts in
the hierarchy so as to fit into the requirement of enabling time-bound
promotions.
9)
Staff
strength and infrastructure to be augmented in such a manner as to be
competitive with the State GST formations.
10)
Inspectors
to be placed on the pay scale of Rs. 4800 PB-2 and Superintendents on Rs. 5400
PB-2.
11)
All
Superintendents currently on Rs. 5400 PB-2 to be upgraded to Rs. 5400 PB-3.
12)
If
Rs. 5400 PB-3 is renamed as Senior Superintendents, Assistant Commissioners to
be placed on pay scale of Rs. 6600 PB-3.
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