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Friday, September 25, 2020

Suggestions on guidelines for scrutiny of GST Returns

Letter on scrutiny -PDF 

Data sheet suggested

Ref. No: CBIC/34/2020 Date: 25.09.2020


To

Shri. M. Ajit Kumar,

Chairman, CBIC, New Delhi.

Sir,


Sub: Prescription of guidelines for scrutiny of GST returns – certain pre-conditions submitted for improving efficiency- reg.


It has come to our notice that an Officers’ Committee has been constituted with Officers of the rank of Joint Commissioners to Commissioners, vide F. No. 20/06/18/2020-GST dated 4.09.2020 for suggesting guidelines for scrutiny of GST returns.

The said committee has been mandated to submit its report before 25.09.2020.

The Proper Officer prescribed under Section 61 of the CGST Act, 2017 for scrutiny of GST Returns as on date, is the Central Tax Officer (Superintendent). However, no prescriptions have been made so far relating to the percentage of scrutiny and the elements or extent of scrutiny, so far. Hence, if these were the aspects that were expected to be considered by the committee, it could have required the Superintendents and Inspectors who are currently in the field and have hands on knowledge on the complexities involved in such a scrutiny to have been included in the committee. Since the committee has been constituted only with Joint Commissioners, Additional Commissioners and Commissioners, it is therefore presumed that the Committee has been constituted with the objective of prescribing certain ‘roles’ for Officials of these ranks/cadre.

In this regard, this Association would like to place on record the following points as pre-requisites for any prescription of scrutiny of GST Returns:

1)  Since already the Range Officers are heavily burdened with numerous works pertaining to various verifications, cross-verifications, generation of reports, attending to calls of the Tax Payers and Higher Officers, giving reply to Audit Paras, preparation of SCNs/ Draft SCNs etc, without the requisite infrastructure and without manpower as could be comparable with their counterparts in the State GST, no further prescriptions should be made to increase the present work load for the Superintendents. The main work that is at present attended to by the Ranges is enclosed as Annexure A.

2) Officers of the cadres of Assistant Commissioners and above, to be directly assigned such duties of scrutiny, should be notified as Proper Officer under Section 61 of the CGST Act, so that the assigned duties for these higher officials do not flow back to the Superintendent (Central Tax Officer) practically, though on paper it will remain only to justify the existence of the higher posts. This exercise will also have to be linked to adjudicating powers.

3) Scrutiny powers will have to be assigned according to the revenue basis/turn over basis, found practically feasible, in such manner that the entire prescribed scrutiny will be done by these officials, only with the assistance of Inspector or Steno. No Superintendents should be again involved in this work to assist the re-defined proper Officers. It should be made clear that the entire scrutiny and work related to any correspondence, issue of SCN, Draft SCN, reply to Audit paras, reports on the work performed etc, related to these scrutinies, will have to be done ONLY BY THESE DESIGNATED OFFICIALS and SHOULD NOT BE PUSHED DOWN AGAIN TO THE RANGES. It is pertinent to emphasise that for any system to be effective, the underlying maxim should be that a position carrying higher authority should also be yoked to a higher level of responsibility and accountability. That can be ensured only if the defined duites of the post, just as its powers, cannot be delegated.

4) It is our experience from earlier instances that whenever some original work has been assigned to the higher posts on revenue basis, either it was not performed or it was again delegated, officially or unofficially to the lower cadres, ultimately making the Inspectors then and Superintendents later to do that work also thereby defeating the declared purpose for such prescriptions. Even today, a majority of the Group A Officers are directing their subordinates to operate the system on their behalf. Hence, scrutiny to be prescribed for the higher officials, should be mandated to be done through the AIO or system only and any Official using the USER ID and PASS WORD of another Officer or asking another officer to use it should be strictly brought under the ambit of the definition of ‘Corrupt practice’ so that if any such instances are noticed or reported, action should be initiated against the Official who has allowed the others to use their User Id or Password. This has to be made specific because, it will otherwise lead to either harassment of the already burdened cadre of Superintendents or will lead to corruption, favouritism, etc.

5) The percentage of scrutiny to be undertaken by each of the above said officials, as per the revenue limits prescribed, should be decided according to the availability of the posts for such purposes and to the extent practically possible for those posts as detailed earlier, with revenue limits of higher amount prescribed for higher officials. Similarly, risky and sensitive commodities have to be assigned to the higher officials depending upon the risk element or sensitivity involved.

6) Since the Government has declared that no new posts can be created now, for the above work, the department can utilise the services of Superintendents who are already drawing salaries equivalent to the salaries of ACs/DCs/JCs, etc, (only due to the acute stagnation in the cadre of Inspector/Superintendents) by a mere re-designation of the posts so that the above said scrutiny could be achieved without creating additional posts and also by utilising the available man power without incurring additional expenses. In this case it is also pertinent to note that the GST formations in most of the States and UTs have re-designated their officials. The DGHRM also in its’ Cadre Restructuring proposal recommended a Branch B Service on the model of the State GST. This therefore will be a logical extension of the same policy without creation of posts or incurring additional expenditure.

7) The work load in the Ranges will have to be reduced for the above purposes, by making the automation proper so that most of the verifications and cross-verifications between returns are done by the system. Detailed suggestions for these are enclosed as Annexure B.

8) The nature of details to be covered in the scrutiny should be properly laid down in such a manner as to not give room for CERA objections or other agencies questioning certain aspects not taken into account. In other words, scrutiny should be confined only to the submitted data and documents.

9) The details of modalities in the course of Scrutiny should be well advertised since it is expected to be faceless without calling the Assessee in person and/or calling for Documents from Assessees.

10) To facilitate proper scrutiny, all officers should have access to a Centralized data warehouse with analysing access.

11) Scrutiny should be system driven i.e. returns should be chosen randomly and should be openly marked as ‘not scrutinised’ ‘scrutiny initiated’ and ‘scrutiny done’.

12) A System based flagging mechanism should be devised so that the scrutiny prescribed and carried out does not overlap with audit, which is one of the terms of reference for the ‘Scrutiny Committee’.

13) The check list for scrutiny should be System based and if hyperlinks are provided in the check lists then it would be not only easier for the field officers to scrutinize but also will result in focused analysis and quality work. Presently the details of Risk Parameters/Flags are provided through separate letters/circulars and only Serial Numbers are mentioned in Data provided to field officers. Due to frequent transfers of field officers and due to lack of awareness about updated parameters, many field officers face difficulty and may result in omissions due to oversight. It is suggested that check list should therefore be so devised that hyperlinks to risk flags/parameters are available by hitting the Risk Flag/Parameter number in the check list itself. Similarly if various tables/columns/rows of GST Returns, which affects any entry, are also hyperlinked then it will not only improve the quality but also save man hours.

14) A computerised data capturing system as in the DDM should be designed so that every Show Cause Notice is entered in the system with complete details by the issuing authority and every formation should be able to update the status depending upon the stage at which it is pending. This will enable every demand to be traced from its genesis up to its closure, either by payment of due or by any order against the demand coming to be accepted by the department. This will also enable monitoring the arrears of revenue at different stages simultaneously, without again and again calling for reports from lower formations.


It is hoped that the Committee would take into consideration our suggestions above so that the entire exercise would ensure that the to-be designated Proper Officers for scrutiny of GST Returns as per revenue/turn-over basis or risk/sensitivity parameters will usher in a new work culture.

It is also requested that before the issue is finalised, the Board could discuss the issue with this Association because we represent the main cadre of Superintendents who are at the cutting edge of the executive in the field.



Thanking you,

Yours truly,

Encl : Annexures A, B & additional sheet




(R. Manimohan)

Secretary General

Copy submitted for information and necessary action to:

Shri. Rajeev Kapoor, Commisisoner, GST Pune, Convenor,

Committee on suggesting guidelines for scrutiny of GST returns




(R. Manimohan)

Secretary General




ANNEXURE A

A brief on the present work load in Ranges (only illustrative)

At the time of launch of GST, it was widely speculated that the work in GST era is going to be decreased substantially. However this expectation has been vastly belied.

Currently Range Officers are having enormous work pressure, mainly owing to some of the following items of work:

1) GST filer/non-filer check (In respect of non-filers, although the SCNs are issued in bulk, the adjudication is required to done individually based on individual case-wise compliances)

2) Various reports of different hues and columns called for by different authorities/Directorates.

3) GSTR 1 vs GSTR 3B mismatch

4) ITC reconciliation

5) Cancellation of Registration (Suo-Moto cancellation of Non-filers beyond 6 month period requires immense monitoring and checking)

6) Giving reasons for shortfall in revenue (practically not possible without approaching the TPs and recording their verbal communication for submission to higher formations)

7) Revocation of cancellation verification report including No Due certificate.

8) Action against an unregistered Tax Payer consequent to TPs being permitted to file cancellation of registration and as per current instructions cancellation of registration happens without recovery of dues which are then required to be recovered subsequently.

9) DGARM related reports and compliance.

10) Revenue augmentation drive

11) Scrutiny of returns

12) ST3 pending scrutiny

13) Service Tax verification of Third party information

14) Arrear recovery

15) Audit SCN and para-wise comments (not Range work per se, but loaded)

16) Processing amendment of registration and change of mail id/mobile number from their users. (Though this appears not a complicated task, but the system caters this job poorly and hapless TPs frequently continue to visit Ranges or calling over phone as the raising of tickets on Grievance portal often leads to stereotype resolution to contact jurisdictional officer although RO has no facility to resolve the issue.)

17) Investigation/verification in respect of ITC fraud, Registration fraud, etc.

18) Verifications in respect of Risky exporters.

19) Issuing a certificate under seal for the assessees who were issued SVLDRS 3 but could not /did not pay the amount under proper link provided but made the payment through general payments (and thus exposing them to remain vulnerable to any future fraud).

20) Answering to queries of TPs in person or over phone.

21) Answering the higher ups over phone or attending meetings from time to time for ‘assessment of performance’.

22) Preparation of data for such meetings and also whenever ACs have to attend meeting with their higher ups.



All the above works get more compounded and complicated due to:

i. the un-manageable number of Tax Payers in many of the Ranges;

ii. non-distribution of the Tax Payers in any uniform pattern even within the CGST Ranges;

iii. non-existence of proper infrastructure and manpower (to the extent that NOT EVEN ONE INSPECTOR IS AVAILABLE IN SEVERAL RANGES);

iv. The system being very slow and poor when compared to that of the GST of State/UT where their back end provides them with a 360% view of any TP (with end to end data) within minutes of accessing the information; and

v. Additional charges given to the Superintendents of other Ranges/formations and/or also as AOs.




ANNEXURE B

(Suggestions to improve performance and efficiency 

and decrease wastage of man-power in Range work)

1) The value declared in the GSTR 3B should be auto-populated from the net taxable value (i.e after any corrections) from GSTR1.

2) Necessary columns should be added to the Annual Returns to enable the system to auto calculate the interest amount along with the liability, if any past dues or ineligible ITC is declared in the GSTR3B or the Annual returns. The Annual return should be permitted to be filed only after payment of liability along with interest. (Income tax returns already have this facility).

3) Whenever a Return is not filed within a due date, the system itself should be envisaged to send bulk SMS/EMAIL to the Tax Payers.

4) Generation of reports also should be made properly automated so that every time for each data the Ranges should not be disturbed. With the levels of computerisation achieved, this should be a primary pre-requisite.

5) The GSTN and private soft wares (though subscription based) are already available to the taxpayers for matching/for analysis of discrepancies but there is no such mechanism available with the Departmental officers. Such access should be provided by the GSTN to the Departmental Officers also. The GST back end of the States and UTs provide them with a 360% view of any TP (with end to end data) within minutes of accessing the information.

6) There are so many Returns in GST like GSTR-1, GSTR-2A, GSTR-3B, GSTR-9, GSTR-9C etc. and all of these contain lot of tables/columns/rows. Moreover e-way bill data is also there. It is very difficult and time consuming to reconcile all these Returns. Therefore System based matching/data analysis by GSTN with access at Range/field officer level is required.

7) There are many differences in Return filing Procedures if compared with Central Excise/Service Tax era because in that era only 2 ST Returns per year and maximum 12 CE Returns were there for any Financial Year. Even the revised return could be filed within 90 days. But in GST era there are so many returns and amendment is possible till September of next financial year (if time limit not extended). What is more cumbersome is that the amendment is possible through Debit/Credit Notes and through many tables of GST Returns. Even the entries in GSTR-2A are fluctuating depending upon the GSTR-1s filed by the suppliers. System based analysis of Data is the only solution.

8) Taxpayer are able to download year wise data of 3Bs, 2A, 3B vs 1M/Q etc in tabular form. Similar facility should be provided to departmental officers also since the departmental officers are at present required to submit month-wise request for GSTR2A that too separately for B2B, ISD, Import, etc.

9) Towards improving the IT back end in our department, this Association had vide its Ref. No. 01/RS/2019 dated 04.03.2019 addressed to the Revenue Secretary, with copy marked to the Chairman and Member (IT) of the Board and DG Systems, given elaborate suggestions. It is learnt that till date, they have not been addressed.

Hence, for completion of the work for the past period, the GSTN back end should be enabled to create the data sheets in the attached format so that computation and issue of SCNs will be quickened as a result of which not only precious manpower will be saved, but revenue will also be generated. 

 

Tuesday, September 22, 2020

Letter to define the duties and responsibilities of each cadre

 Ref. No: CBIC/33/2020                                          Date: 22.09.2020

 

To

Shri. M. Ajit Kumar,

Chairman, CBIC, New Delhi.

 

Sir,

 

          Sub: Specification of duties and responsibilities of each post – reg

 

     This Association has been, for the past several years, insisting upon the CBIC to declare the duties and responsibilities of each post in the department in each formation.  This had been one of the main suggestions/demands made before the Cadre Restructuring Committee also.  We had also submitted a copy of such a duty list issued in the CBDT for reference.  However, the Cadre Restructuring Committee failed to prepare such a duty list for our department and we had pointed out this basic flaw in our reaction to the Draft Cadre Restructuring Proposals.  We consider it as a basic flaw because, without demarcating the duties and responsibilities of each cadre in each formation, there cannot be a justification drawn for the existence of the cadres and the number of posts required in each cadre and formation. 

 

2.     The practical problem faced by our cadre is that due to the non-demarcation of such duties and responsibilities, all the responsibilities and duties are dumped on the heads of the Superintendents for the following reasons: (i) Severe vacancies in the cadre of Inspectors (ii) Available Inspectors being new to the Executive Cadre take time to learn work and by the time they learn the work they could be promoted   as Superintendents (iii)  All those above the rank of Superintendents, do not want to perform any original work  (iv) Superintendents do not have any other assistance for their work and (v) The present day Superintendents are those who had been doing all original work when they were Inspectors and they only continue to do the same work as Superintendents and for decades now.

 

3.     Added to the above problems, it is becoming a trend to give additional charges to the Superintendents, of other formations, works of other sections or formations and that of Administrative Officers.  Effectively, our cadre is reduced to that of a Multi Tasking Force, from that of a specialised cadre for executing Law and Procedure.

 

4.     With the level of stagnation that this cadre is facing and the assault on its dignity faced day in and day out, a great depression is setting in the minds of the cadre.

 

5.     Apart from the demoralisation of the cadre, it is also important to note that these methods of disturbance to an organised cadre would lead to increased scope for corruption, favouritism, nepotism, uncertainty and administrative anarchy, ultimately landing the department in absolute chaos within a very short period.

 

6.     Hence, we urge that even if the Cadre Restructuring is to get delayed, the DGHRM may be directed to immediately draw up the list of duties and responsibilities of all cadres in the department as is done in any other department under the Government.

 

7.     Until such time, our cadre shall not be held lawfully responsible for any actions, other than that have been specified in the Act and Rules to be executed by the formations to which they are posted.  Further, instructions may also kindly be issued that no additional charge for Superintendents shall be continued beyond three months and if any officer represents in writing, they shall be relieved of any additional charge(s) forthwith.

 

     With regards,

 

Yours truly,


(R. Manimohan)

Secretary General

Copy for information and necessary action to:

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

2)      Member (Admn & Vig), CBIC, New Delhi.

3)      DG, DGHRM, CBIC, New Delhi.

4)      The Commissioner (Co-Ordination), CBIC, New Delhi.

5)      The Joint Secretary (Admn), CBIC, New Delhi.

 


(R. Manimohan)

Secretary General

Letter for extension of time for issue of SCN

 Ref. No: CBIC/32/2020                                 Date: 22.09.2020

 

 

To

The Chairman,

CBIC, New Delhi.

 

Sir,

Sub:  Relaxation of Time Limit Under Certain Indirect Tax Laws – requirement of further extension - reg.

 

          Please refer to the Ordinance dated 31/3/2020 on the above subject and subsequent notification dated 27/06/2020 under the same. In terms of the ordinance, time limit for issuing Notices under Central Excise Act, 1944 and Finance Act, 1994, which were due within 31/3/2020, now stands extended to 30/9/2020. We also understand that a bill has already been placed in Parliament to substitute the ordinance with an Act.

 

          Members from all corners of the country are urging upon the Association to request further extension in relaxation of time limit under Central Excise Act, 1944 and Finance Act, 1994 through notification under the ordinance/ Act (as may be applicable) mainly due to the following reasons:

         

1.   The work in the Ranges has been increasing multi-fold in spite of claims of simplification and skewed perception. These can be listed as below:

·         GST filer/non-filer check

·         GSTR 1 vs GSTR 3B mismatch

·         ITC reconciliation

·         Cancellation of Registration

·         Revocation of cancellation verification report including No Due certificate,

·         DGARM reports,

·         Revenue augmentation drive

·         Scrutiny of returns

·         ST3 pending scrutiny

(the above are scheduled Range work)

·         Service Tax verification of Third party information

·         Arrear recovery

·         Audit SCN and para-wise comments

(not Range work per se but loaded)

Recently in many places, even Investigation like - fraud ITC, fraud Registration, Risky exporters verification, etc are also being put on Ranges. Many Ranges are even now issuing a certificate under seal for the assessees who were issued SVLDRS 3 but could not /did not pay the amount under proper link provided but made the payment through general payments (and thus exposing them to remain vulnerable to any future fraud).

 

2.   Due to shortage of staff, in a large number of Ranges, not only the Superintendents, but even Inspectors are holding multiple charges.  Hence the quality of work vastly suffers when the quantity is increased multi-fold.

 

3.   Unlike all other stipulated or non-stipulated work, “verification of third party information”, is fully dependable on quality of data/ information provided by income tax   department and then again on the taxpayers’ cooperation. It would not be wise to issue blind SCNs by relying only on the values from the said data as also already instructed by DG (Systems) vide letter F. No. IV(20)/3/2015- Systems/Pt-I dated 08.07.2019 in r/o ITR-TDS data (registered assessees) wherein it is mentioned “It may be noted that before taking any legal action in this matter, the facts may be properly investigated”. As these assessees are not registered with the Department, in order to obtain their documents/ information (in case not submitted against our communications made) for issuing a justified SCN, search of the assessee’s premises is required under a Search Warrant under Section 67 of the CGST Act, 2017.  In a period of pandemic, the difficulty in indulging in such exercise, in respect of several assesses, with very little manpower at our command, could very well be imagined. 

 

4.   During the ‘lockdown’ and the continuing pandemic period, collecting/ verifying outside data/ information has become very challenging. The acute paucity of manpower and infrastructural support like computers (laptops) and vehicles in ranges only make it more difficult and in any fair assessment, in hundreds of Ranges, either the quality of verification or quantity might be compromised causing loss of potential revenue.

 

5.   Further it is reported that for third party data of 2015-16 (EDW-2), last date is within 01.10.2020 to 24.10.2020 and that the data is not available in many cases due to which a Notice issued for the sake of issuing would become futile and cause unnecessary strain to the Officers and harm to the exchequer.

 

6.   The pandemic has been increasing in spread in various parts of the country.  Our Officers in the field are much exposed to the threats of the virus and assesses also have a reasonable excuse not to respond to our calls, summons etc, during such an unprecedented emergency.  The trade which is also reeling under an economic emergency get irritated when approached for investigations since they feel harassed at such a juncture.  Thus, any   investigation cannot be complete to the satisfaction of the department if hurried for the sake of meeting the deadline for issue of SCNs.

 

Accordingly, we request your good office to initiate and ensure a further extension of the time limit for issuance of notices etc. under Central Excise Act, 1944 and Finance Act, 1994 falling due up to 31/3/2020 (and now extended up to 30/9/2020) and oblige. 

 

On the same lines, extension may kindly be sought in respect of all due dates falling between March 20 to 24th Oct. 20 for all legacy SCNs at least up to March 2021, but for which there will be a heavy pressure on the Officers and the Notices may ultimately fail due to be wanting in details or vital parameters causing the exchequer dear.

 

Thanking You,

Yours truly,


(R. Manimohan)

Secretary General

Copy for kind attention and necessary orders to:

        The Finance Secretary to the GOI, North Block, New Delhi.

 


(R. Manimohan)

Secretary Genera
l



Saturday, September 19, 2020

SALUTE TO OUR MEMBERS

 

         We salute our members who have filed an IA before the Hon’ble Supreme Court in the matter of Jarnail Singh against an IA filed by the vested interests with false claims in the name of this Association. 

        The Jarnail Singh case pertains to the reservation issue and is currently slated to be heard on 25.09.2020.  The Board has been taking a stand that the promotion from Group B to A in CBIC has been pending because of that case.  We do not understand how that case has a bearing on our promotions alone, since  reservation is a matter affecting all cadres in all departments.  While the case has been there from 2011, several DPCs were held subsequent to that itself, in our department also and continues to be held in respect of all other cadres till date.  

         Certain vested interests, desperate to get their promotions alone, by hook or crook, because they are benefited by the present position of theirs in the present All India Seniority List, have planed this IA.  This IA has two objectives:

(a)        To claim the legitimacy to be the AIACEGEO by fest Court that they represent the Superintendents and the promotee Group A Officers.

(b)        To overcome the litigations in various lower legal forums in the matter of (i) catch up rule (ii) own merit AND (iii) uniform implementation of N R Parmar.

 

Will anyone have the guts to go and make a claim before the Apex Court contradicting the findings of the Board without at least a tacit approval by the Board or someone very senior in the Board?  IF THERE WAS NO SUCH UNDERSTANDING, THE BOARD SHOULD FILE A REJOINDER/COUNTER BEFORE THE APEX COURT CALLING THE BLUF OF THAT IA WHEREIN THEY HAVE DARED TO STATE SOMETHING CONTRARY TO WHAT THE BOARD HAS REPEATED IN THREE OF ITS OWN LETTERS.  That is why we brought the matter to the attention of the Board in our letter dated 11.09.2020 published in this blog:

 Our letter on the subject

Now regarding the other issues in their IA, they want to thwart the legal process of other members of this Association in different parts of India.  We have repeatedly stated that the Association should not come in the way of the exercising of the legal rights by the individual members.  If it is against the general interests of the department and cadre, the department has the mechanism to bring it before the relevant judicial forum and get remedy.  As an Association, we have to urge on the Administration to do just that.  If the department is not able to get any stay over any order of the lower judicial forums, they should implement the order subject to outcome of any appeal.  That is the proper judicial administrative method.  We all know that.  Instead of that, the administration instigating the Association to fight its own members in the court, to spread canards against any one going to the court etc are all leading the way to administrative anarchy.  Some persons claiming to be Office Bearers of the Association, succumbing to such designs of the administration, are stabbing their own members in the back.  It is evident that only for this purpose the Board prefers to keep this bunch of vested interests and for that reason wants to keep the matter of renewal of recognition hanging - even after our submission of DDOs evidencing the strength of around 60% membership while they have not been able to produce even for 10%; for that matter even for the previous renewal the then SG, who still wants to be called so and is a patron and is patronised, has not been able to produce even the mandatorily required 35%, as per the Board’s file noting itself.

 

In this scenario, it is heartening that some of our members, from various parts of India have come together to file a counter IA in the same case to expose the lies in the IA filed by the vested interests, in the name of this Association.  We salute the spirit of these members who have kept the flag of this Association and the self-respect of the members and cadre flying high.  Long live this spirit.

 

It is only due to this spirit, shown by 11 out of the 15 zones and some more members from the other zones, even where units are not democratically and properly run through elections/ check –off etc, that we are sustaining.  That these units and members have stood strongly in-spite of the Board repeatedly showing preference for the bunch of vested interests, is a strong sign on the wall of time, which the administration shall not afford to ignore, for its own good.

 

We are reproducing the IA filed by the vested interest group as well as our comrades, below.  All of us are capable of reading and understanding and therefore no pains are taken to explain the implications.

Filed by Mr. Harpal, C.S Sharma and others

Filed by our Comrades

With fraternal greetings,

R. Manimohan,

SG, AIACEGEO

Friday, September 18, 2020

ANOTHER TEST

 

Dear friends and comrades,

An IA has been filed in Jarnail Singh Case in the Hon'ble Supreme Court, misusing the name of this Association by the non-entity group (as declared by the Board itself) but widely giving an impression that it has been done with the blessings of the Board.  In our view, this is only another attempt by that group to once again collect funds.  We find that apart from trying to get a sanction from the highest Court of this land by deceit that they are THE Association 'representing the Superintendents and promotee Group A Officers in the CBIC', they are also trying to overcome the cases NOT EVEN RELATED TO RESERVATION MATTER WHICH IS THE ISSUE IN JARNAIL SINGH. 

Hence, we have sent the letter given below to all concerned.

We are hopeful that the Board, this time atleast, will try to be neutral and put forth the actual facts before the Hon'ble Supreme Court.  

yours fraternally,
R. Manimohan
Secretary General, AIACEGEO.


TEXT OF OUR LETTER:

Ref. No:CBIC/31/2020                       Date: 11th September 2020

 

 

To

1)   The Secretary for Finance and Revenue, GOI, New Delhi.

2)   The Chairman, CBIC, New Delhi,

3)   The Member (Admn&Vig), CBIC, New Delhi.

 

Sirs/Madam,

 

Sub: Perjury/mis-statementmisleading the Hon’ble Supreme Court – request for urgent intervention – reg.

 

     We hereby bring to your kind urgent notice that IA No. 89073 of 2020, IA No. 89075 of 2020 and IA No. 89078 of 2020 are learnt to have been filed before the Hon’ble Supreme Court of India in the matter of Jarnail Singh and others, in the name of this Association and others wherein it has been falsely claimed that this Association represents the Superintendents and promotee Group A Officers of C.Ex/GST. 

 

2.     The above claim is contrary to the letters dated 12.02.2019, 08.08.2019 and 16.01.2020 issued by the CBIC in F. No. 12017/07/2017-Ad.IV.A, clearly holding that promotee Assistant Commissioners cannot be members of this Association,as per the existing CCS (RSA) Rules, since the Constitution of the said Association as approved by the Government, in terms of the said Rules, did not permit it and any amendment to the said Constitution to the contrary has also not been approved by the Government.  

 

3.     Thus those who have filed the above IAs before the Hon’ble Supreme Court are indulging in perjury/mis-statement with an intent to defeat or overcome the stipulation in the CBIC’s letters cited above.  It is evident that they have been emboldened to mislead even the highest Court of the land, only because of the leverage gained by them, due to the delay in renewal of recognition to this Association, for reasons best known only to the CBIC, in spite of our complying with all the requirements necessary for such renewal.

 

4.     Apart from the above, we also see that the above said IAs are trying to short circuit the due legal process pending in lower forums, by falsely tagging even matters not related to reservations which is the actual matter in the Jarnail Singh case.  This will (a) distort the proceedings before the Hon’ble Supreme Court, and also (b) interfere with the rights of the litigants in the lower courtswherevarious litigations on different matters are pending in relation to the All India Seniority of Superintendents of Central Excise and GST, wherein the CBIC is also a party.

    Hence, it is urged that the CBIC should immediately take necessary steps to bring the true facts before the Hon’ble Supreme Court, regarding the misleading and distorted claims placed in the above IAs to ensure that the UOI does not, by acquiescence, become a party to misleading of the Hon’ble Supreme Court, by perjury/mis-statement by vested interests.

 

Yours truly,

 


(R. Manimohan)

Secretary General

Copy submitted for kind information and necessary action  to:

1)   The Hon’ble Minister for Law and Justice, Government of India, New Delhi.

2)   The Hon’ble Minister for Personnel Public Grievances and Pension, GOI, New Delhi.

3)   The Hon’bleUnion Minster for Finance, GOI, New Delhi.

4)   The Hon’ble Minister of State for Revenue, GOI, North Block, New Delhi.

5)   The Cabinet Secretary, GOI, RashtrapathyBhavan, New Delhi.

6)   The Secretary, DOPT, New Delhi. (with reference to OM in DOP F.No.2/1/2019- JCA-I(Pt) dt18.12.2019)

7)   The Commissioner (Co-ordination), CBIC, New Delhi. 

Congratulations, celebrations and retrospection.

 Dear Member and Friends, Hearty Congratulations to all the Superintendents who are promoted as Assistant Commissioners in the order dated 1...