Dear Friends and Comrades,
As per the decision in the AIEC conducted online on 11.10.2020, a letter has been served on the CBIC requiring separate arrangements to be made for PV at the Division level, with proper infrastructure, so that Range Officers and Range Work does not suffer. The letter is given below:
Letter regarding Physical Verification of Units for GST Registration
The AIEC also decided that the ROs may also give a letter to their controlling officers, enclosing a copy of the Association letter to the Board, requesting for relief from the work and to keep the already allotted PVs in abeyance.
Any further call will be given by the Association depending upon the response of the Board. Hence all members are requested to give the letters in the following draft format and watch this space for any further developments.
With fraternal greetings,
Secretary General
FORMAT OF LETTER TO
BE GIVEN BY ROs
From
Superintendent of CEX/GST,
-----Range/Division,
_______
To
The Deputy/Assistant Commissioner,
__________
Sir/Madam,
Sub:
Physical Verification not being part of Range work, request to exempt – reg
I
am being asked to undertake Physical Verification of units which have sought
Registration under GST. In this regard, it is brought to your kind attention
that the present manpower and infrastructure for Rages in the CBIC have been
decided upon without factoring in the work load, infrastructure requirements,
etc involved in this work. Further,
Superintendents alone cannot undertake this work and AIO is not equipped to
delegate this to Inspectors.
Hence,
it is requested that separate arrangements may please be made for the Physicial
Verification of the units seeking verification.
In this regard a copy of the letter addressed by our Association to the
CBIC is enclosed for kind information.
If
still PV is insisted upon to be performed by me, it is placed on record that I
may kindly be provided with vehicle, mobile
and assistance of Inspector and Havildar and further, that I may not be held
responsible for any deficiencies on that front in respect of time line or other
Range works which may suffer due to this additional burden of work.
It
is also submitted that until the above infrastructure is provided, Physical
Verification allotted to me may kindly be kept in abeyance.
Thanking
you,
Yours faithfully,
Encl: Copy of Association letter
(-----------------------)
Station:
Date:
Copy to:
The General Secretary,
________Unit of AIACEGEO
Yes, its time for individual cadre members serving for 20 to 35 yrs Service for self realization setting justice to young brigades...No AC/DC nor inspectors posted at Commr( A), Thane, Mumbai & pressurized to perform Original Works of others besides Multi-task works & without recognization..not only against cbic norms but against guidelines pointed out by AIACEGEO...if ASST Commr post r vacant then WHY Supdt r devoid of promotions who r already overdue for promotions, highly reprehensible????
ReplyDeleteR.K.Singh( Executive Member) CESA.
ReplyDeleteSir,
ReplyDeleteAIB may explore the possibility of Physical Verification by local police just like in case of passport. If Ministry of External affair can relier upon the verification done by state police department why MinusMin of Finance Can not.
Offices must be shifted in their respective jurisdiction.At present offices are situated outside the jurisdiction. This will resulted in insult to injury as the officers have to go 30-40 Kms for verification in Mumbai. If the offices shifted in the respective jurisdiction then it is hardly 1-3 Kms distance in Mumbai.
बहुत वढिया
ReplyDeleteकाम के असहनीय बोझ के कारण हमारे बहुत से रेंज अधिकारियों ने स्वैच्छिक सेवानिवृति की अर्जी दाखिल कर दी है । उनका मानना है कि अत्यधिक काम और रेंज में स्टाफ ना होने के कारण उनको मानसिक प्रताड़ना मिल रही है , जिसके कारण उनकी सेहत पर बहुत बुरा असर पड़ रहा है इसलिए वह सेवानिवृत्ति के लिए मजबूर हैं । स्थिति सचमुच में विकराल होती जा रही है है और अगर यह जल्द ठीक ना हुई तो ऐसे लोगों की संख्या और बढेगी ।
ReplyDeleteYes, brother .It is basically all India phenomenon.But the officers at Mumbai are taking VRS.Ranges have no Insprs,no sepoy , only AIO and Comp which does not work.Range offices are located convenient to higher ups and far away from PPOB, and units are alloted alphabetically which is beyond capacity to handle by one Suptds as in the case of Worli
ReplyDeleteRange also doing Adjudication work from brief facts to preparation of OIO including his Adjudication order
ReplyDeleteThe Adjudicating Authorities who are acting as quasi-judicial authorities have
ReplyDeletethe sole responsibility to prepare their orders without getting influenced by the
subordinates. In this reference, the provision laid down in the adjudication manual is
worthwhile to mention here.
Recommendations by the office Assistants or other Subordinates for the
final decision of the cases:
An officer when adjudicating a case under the Central Excise Act and Rules or
the Customs Act or Finance Act, 1994, acts in a quasi-judicial capacity and that
he should, after the enquiry, take an unbiased decision in each case applying
his own mind to the materials disclosed in enquiry independently. He has to apply his own mind to the facts and circumstances of the case and reach at his
own decision unfettered by anything else. From this it follows that even the
narration of facts in an adjudication order has to be drafted by the
adjudicating officer himself. From this point of view, any positive
suggestion in regard to the penalty etc. whether in an office note or
elsewhere is liable to be regarded as an interference with the functions
of the Adjudicating Officer thereby vitiating the decision. Office notes
should not, therefore, go to the extent of recommending the final decision or the
actual penalty, in the adjudication of offence cases"
From the plain reading of the aforementioned provision, there is no scope left
for the subordinate officers in assisting the adjudicating officer in preparation
/drafting the adjudication order apart from the typing assistant that too after proper
drafting of adjudication order by the adjudicating officer himself.
This is a fact
ReplyDeleteBut only in Manual, but in reality something else.If u refuse, u will be harassed
ReplyDeleteYes, if out of 5 Superintendent posted in Division, 4 ready to prepare OIO for AC/DC and only one refuse, he will be harassed. If you are not united, you supposed to be harassed.
DeleteYes
ReplyDeleteYes, totally True
ReplyDelete