Memorandum to the Hon'ble Finance Minister

For clarity the word document of the memorandum is reproduced below:

ALL INDIA ASSOCIATION OF CENTRAL EXCISE GAZETTED EXECUTIVE OFFICERS (Representing the Superintendents of C.Ex & CGST) [Recognised vide CBEC Letter F. No. B 12017/10/2012-Ad IV A dated 25/02/2013] 6/7 A.T.D. Street, Race Course Road, Coimbatore – 641018. Email id: aisacbitc@gmail.com & manimohanr66@gmail.com

President   Sanjay Srinivasan Vice Presidents:  Prabir Mukhopadhyay   Sanjay Kumar  H.S. Bajaj  K.S. Kumar P.K. Jaishankar Iyer Secretary General  R. Manimohan (09443063989) Asst Secy General  Shishir Agnihotri Joint Secretaries: Kousik Roy D. S. Thakur Malkit Singh  Kalugasala Moorthy Sandip Panvalkar Core Committee: R. Chandramouli Tirthankar Pyne Ajit Kumar K.G.

Ref. No: JAC/01/17                                  Date: 30.06.2017 MEMORANDUM TO THE HON’BLE FINANCE MINISTER         Respected sir, tonight, when half the world sleeps, India would be waking up to a new era of GST.  When all buildings of the Tax department are illuminated for the grand event, the real shoulders on which the entire edifice rests, would be weeping in the dark gullies, just like the Father of the Nation on that eventful night 70 years ago. The anguish of this community recruited as Inspectors of Central Excise, is narrated in the Memorandum -1 dated 28.06.2017 submitted by the ‘JAC of Inspector based Associations of CBEC’, copy of which is enclosed.  The first table in the memorandum will demonstrate the discrimination this community has faced. As if that discrimination in comparison to the other cadres and equivalent cadres within the department and within the Revenue is not enough and complete, a fresh one has come into being in terms of their further degradation in comparison to their counterparts in the State VAT departments.  In most of the States the counterparts to the Superintendent of Central Excise have attained the level of Deputy/ Joint Commissioners.  In the era of cross empowerment, this comparison would rub salt into their already burning wounds. In the unsuspecting public sphere of the taxpayers it will also malign the position of the Union Government, vis-à-vis the State Governments.          A recent letter of Sh. Netticadan Antonio, Superintendent of Central Excise addressed to his Chief Commissioner, Thiruvanandhapuram, intimating withdrawal from an expert panel on GST, at a high profile function to be presided over by none other than the Finance Minister of the State, is indicative of the two sides of a coin. One, the dark deep frustration engraved in the heart of this community; and two, despite such frustration, their sense of service and commitment towards excellence. (Copy of the letter and the invitation card for the event are enclosed for reference).          We urge you to step in not only to stem the rot but also to resolve this absolute despondency and growing resentment at the cutting edge level Officers of the department, and put in place a proper and time bound promotion mechanism as set out in the JAC memorandum.          Yours truly, Encl : As above                                                                                      (R. Manimohan) Secretary General Copy submitted to: (1) The Revenue Secretary  2) The Chairman, CBEC

JAC memorandum on issues pertaining to roll out of GST

For clarity the word document is reproduced below:

JOINT ACTION COMMITTEE

OF INSPECTOR BASED ASSOCIATIONS OF CBEC

[Representing the Associations of Inspectors, Superintendents and Promotee IRS Officers in CBEC]

MEMORANDUM -2 SUBMITTED TO THE GOVERNMENT OF INDIA

ON THE EVE OF ROLL OUT OF GST

                                                                                               

          GST is to be rolled out on 1.7.2017.  In the meanwhile, it is reported that the Chairman of GSTN Shri. Navin Kumar has stated that the software could not yet be tested due to paucity of time.  The field officers are also not fully conversant with the changes that are likely to be brought in respect of dealing with the new platform. Hence it is apprehended that blame for any negative fallout of GSTN could fall on the shoulders of CBEC.

          Further, it appears that even within CBEC, the entire responsibility and burden of implementation of GST has been placed on the shoulders of Superintendents, Assistant Commissioners and Deputy Commissioners of Central Tax vide CBEC's Circular No. 1/1/2017 dated 26.06.2017 issued from F.No. 349/75/2017-GST.   

          While the assessee’s are given some leverage due to any inadequacy of the GSTN, enormous responsibility has been saddled on the officers.  In view of the above, it is placed on record that none of the field level Officers belonging to the cadres of Inspectors, Superintendents, Assistant Commissioners and Deputy Commissioners of Central Tax would be responsible for any negative fallout of GSTN.

(Abhishek Kamal)	(R. Manimohan)	(B.A.Chakravarthi)
Secretary General	Secretary General	Secretary General
AICEIA	AIACEGEO	IRS[IDT]OA

JOINT ACTION COMMITTEE

OF INSPECTOR BASED ASSOCIATIONS OF CBEC

[Representing the Associations of Inspectors, Superintendents and Promotee IRS Officers in CBEC]

MEMORANDUM -3 SUBMITTED TO THE GOVERNMENT OF INDIA

ON THE EVE OF ROLL OUT OF GST

                                                                                               

          It is noticed that in certain Zones, SIM cards are being bought and supplied to the field officers for GST work.  In this regard, it is brought to the notice of the CBEC that Officers have not been supplied with any handsets to operate such SIM cards and hence the entire exercise would be futile, unless handsets or also supplied urgently or the officers are permitted to purchase them against specific amount allotted for the said purpose.       

(Abhishek Kamal)	(R. Manimohan)	(B.A.Chakravarthi)
Secretary General	Secretary General	Secretary General
AICEIA	AIACEGEO	IRS[IDT]OA

JOINT ACTION COMMITTEE

OF INSPECTOR BASED ASSOCIATIONS OF CBEC

[Representing the Associations of Inspectors, Superintendents and Promotee IRS Officers in CBEC]

MEMORANDUM - 4 SUBMITTED TO THE GOVERNMENT OF INDIA

ON THE EVE OF ROLL OUT OF GST

                                                                                               

          It is learnt that 1st July is to be celebrated as GST day. In the instructions issued in this regard, it has been stated that the trade and industry have to be involved in the said celebrations.  It is brought to the notice of the CBEC that the demand for celebrating Excise Day has been acceded in the Departmental Council of Revenue, in 1994, only as per a specific demand from the staff side, to celebrate the achievements of the staff in the department.  Hence, it is resolved to urge the CBEC to issue instructions to identify achievements by the staff and give them proper recognition in the GST day celebrations. The CBEC is urged to issue guidelines to identify such achievements, in all fields of activities in the department. This would be a morale boosting measure for the beleaguered cadres.

(Abhishek Kamal)	(R. Manimohan)	(B.A.Chakravarthi)
Secretary General	Secretary General	Secretary General
AICEIA	AIACEGEO	IRS[IDT]OA

JAC Memorandum on stagnation of Inspector recruit community in Central Excise

For clarity, the word document is reproduced below:

JOINT ACTION COMMITTEE

OF INSPECTOR BASED ASSOCIATIONS OF CBEC

[Representing the Associations of Inspectors, Superintendents and Promotee IRS Officers in CBEC]

MEMORANDUM – 1 SUBMITTED TO THE GOVERNMENT OF INDIA

ON THE EVE OF ROLL OUT OF GST

                                                                                               

We represent the Officers in the Central Excise side of the Central Board Excise and Customs, recruited basically as Inspectors and working as Inspectors, Superintendents and Assistant Commissioners.

On the historic occasion of roll out of GST, we would like to make this short memorandum to the Government of India, through our CBEC as well as the Revenue Secretary.

Our base cadre is Inspector of Central Excise.  We are the cutting edge level officers of the department and bulk of the responsibilities is shouldered by us. Most of the higher supervisory posts have been ornamental than substantive. More so in GST administration as most of the technical functions end with Joint Commissioner/Additional Commissioner. The entire responsibility and burden of implementation of GST has been placed on the shoulders of Superintendents, Assistant Commissioners and Deputy Commissioners of Central Tax vide CBEC's Circular No. 1/1/2017 dated 26.06.2017 issued from F.No. 349/75/2017-GST.  

However, the actual field level officers inducted as Inspectors have all along got a raw deal in respect of promotions and career prospects in the department, in spite of their contribution for a successful switchover from Tobacco Excise and multiple Excise to consolidated Excise to Physical Control to Self Removal Procedure to Record Based Control to MODVAT to CENVAT to Service Tax to Online verification and now to GST. These officers who started their career as Inspectors could swiftly adapt to the changes in tax administration. Yet they remain unfairly discriminated when compared to other cadres who entered the Department contemporaneously.

The following table would show the discrimination this cadre has suffered in terms of their promotions in comparison with the other cadres in the same department, on Central Excise as well as Customs side:

Recruited as	Promoted up to	Number of promotions in the career of around 35 years
		Minimum	Maximum
Group-D officers	Superintendent	5	6
DEO	Superintendent/AC	4	5
LDC	Superintendent/CAO	5	6
UDC	Superintendent/AO	4	4
Inspector of CEx	Superintendent/AC	1	2
Examiner	DC/JC/ADC	3	4
Preventive Officer	DC/JC	3	4
DR IRS	Principal CC/Member/Chairman	7	9

          The above distortion in promotional avenues has caused severe resentment in the cadres recruited as Inspectors of Central Excise, getting only one promotion or at best two, in their entire career. The pay raise also is consequentially insignificant when compared to the pay raise the others enjoy in terms of percentage increase to their pay at the time or recruitment.

          In the year 1996, the CBEC undertook an exercise of Upgradation of Inspectors and Preventive Officers who had completed service of 15 years without a single promotion and granted them one promotion to the next grade.  1756 Officers were covered by that scheme from 1996 to 2001.  The Board also took a decision vide Brief No. 72/95 on 16.1.96 to merge the Executive Cadres of Examiners of Customs, Preventive Officers of Customs and Inspectors of Central Excise who are all recruited through a common examination conducted by the SSC, but between which cadres a wide disparity was prevalent in respect of promotional avenues. But till date that decision has not been implemented and the disparities between these coevals has only increased multifold and caused wide chasm. Even subsequently in 2014, the DGHRM has reiterated the wide disparity between these cadres, in a note on the subject.

          When an officer from the Customs side, who is junior in terms of the date of recruitment through the common exam, is promoted ahead of his senior on the Central Excise side and posted to the Central Excise, a junior becomes a supervisory officer to a senior. This anomaly creates rancor and unpleasantness besides demoralizing the cadres on the Central Excise side.

          On the eve of roll out of GST, it is found that promotions have been ordered for several Direct Recruit IRS Officers, to boost their morale. It is felt that the morale of the cutting-edge level officers, appointed as Inspectors and bearing the entire burden of the department on their shoulders, should also get a similar, if not more sympathetic treatment. Needless to say, as an army marches on its stomach, the department’s performance is directly related to the satisfaction of its performing cadres.

          Hence, it is requested that as a onetime measure, the following promotions could be ordered in the CBEC for Officers:

On completion of	To be promoted as
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

          The above promotions would put the Officers recruited as Inspectors of Central Excise on par with those recruited as Examiners in Customs as well as Inspectors of Income Tax, all of who are recruited through the same exam in the upper echelons of departmental hierarchy. It may not be out of place to mention that considering the pay elevation on account of annual increments and MACP the above said officers would have achieved during the above said period of their service and what they ought to have got in comparison to other cadres, the promotion suggested would not create a great burden on the exchequer with incremental expenditure.

          It is sincerely felt that the above simple and just demand would get a fair and favourable consideration at the hands of the Government at this momentous hour.

(Abhishek Kamal)	(R. Manimohan)	(B.A.Chakravarthi)
Secretary General	Secretary General	Secretary General
AICEIA	AIACEGEO	IRS[IDT]OA

Letter to CBEC on infrastructure

Circular No. 1/2017

ALL INDIA ASSOCIATION OF CENTRAL EXCISE GAZETTED EXECUTIVE OFFICERS (Representing the Superintendents of C.Ex & CGST) [Recognised vide CBEC Letter F. No. B 12017/10/2004-Ad IV A dated 21/01/2008] 6/7 A.T.D. Street, Race Course Road, Coimbatore – 641018. Email id: aisacbitc@gmail.com & manimohanr66@gmail.com

President    Sanjay Srinivasan Vice Presidents:  Prabir Mukhopadhyay   Sanjay Kumar  H.S. Bajaj  K.S. Kumar P.K. Jaishankar Iyer Secretary General  R. Manimohan (09443063989) Asst Secy General  Shishir Agnihotri Joint Secretaries: Kousik Roy D. S. Thakur Malkit Singh  Kalugasala Moorthy Sandip Panvalkar Core Committee: R. Chandramouli Tirthankar Pyne Ajit Kumar K.G.

CIRCULAR 01/2017                                                        Date:  20.06.2017 Dear friends and Comrades,              It is almost one month since the 12th Convention at Chennai had elected the new AIB.  I take this opportunity to greet each one of you, be it a unit, an Office bearer or a member of this All India Association.               This circular has been waiting only for the dust to settle down.  A delegation on behalf of the new AIB had met with the Member (Admn) Shri. S. Ramesh on 08.06.2017 and with the Chairperson Smt. Vanaja N. Sarna on 09.06.2017.  We also met with the ADGHRD, Shri. Balesh Kumar and discussed regarding stagnation and re-organisation related issues.  All the three officials have given us a patient hearing.   The issues in brief and the outcome of the said meetings have been narrated in our blog : ‘Superintendents of CBITC’- http://supdtsofcbitc.blogspot.in/ under the heading ‘Hello Comrades’.              Our new body is born out of two fundamental issues: 1)      When there is a separate Association to cater to the interests of Promotee Gr A Officers in Central Excise being heard by the Govt, and when we are also part of the JAC comprised of that organisation also and when the RSA Rules also do not provide for continuance of Supdts on promotion in this Association, no AC can continue as member or be an office bearer in our Association. 2)      This Association has to be run democratically at the AIB level and at local level on the basis of elections based on subscribed membership strength as per the periodicity fixed by the Constitution.           Without grass root involvement, simply sending letters to the authorities will not yield results.  There is a great resentment of the cadre at the grass roots which requires to be properly channelized for the betterment of the cadre and department.  Personal and parochial considerations shall not be allowed to defeat these legitimate aspirations of the membership. In the above light, we are in the process of reviving most of the units which have become non-functional due to no elections being conducted in such places for several years now.           Towards this consolidation process, we seek the support of all units and members throughout India.  We request that elections may be conducted in all units, if not conducted in the past 2 years and the report of such results may kindly be forwarded to me in the address given at the top.  All Units are requested to collect the DDO certificates and send the same to my address, so that renewal of recognition would be our next immediate necessity.  Fraternally yours, R. Manimohan To All members through the Unit Office bearers