Fax/Speed Post

F.No.A-26017/127/2017-Ad.IIA
Government Of India
Ministry of Finance
Department Of Revenue
Central Board of Excise and Customs

North Block
New Delhi, the 04th October,2017

To,

All Cadre Controlling Authorities under CBEC

Subject: Modified Assured Career Progression Scheme (MACPS) for the Central Government Civilian Employees – Implementation of the 7th CPC Recommendation Clarification regarding revised benchmark of “Very Good” of APAR grading.

Sir,

DoP&t vide OM No.35034/3/2015-Estt(D) dated 28.09.2016 had clarified that with effect from 25.07.2016. For grant of financial upgradation under the MACPS, the prescribed benchmark would be “Very Good” for all the posts.

2. The Board has been receiving a number of references from various field formations of CBEC, Associations and individuals on the subject mentioned above, seeking clarification whether the revised benchmark of “Very Good” (w.e.f 25.07.2016) may be applied to ACRs/APARs of 2015-16 and period prior to that, and whether the officers should be given opportunity to represent against the “Good” grading of past ACRs/APARs.

3. The matter has been examined in consultation with DoP&T .DoP&T has opined that there is no question of allowing second opportunity of representation against the APAR which are post 2009 as these are already disclosed to the employees in APAR process. DoP&T vide OM dated 28.09.2016 has implemented the recommendations of 7th CPC. accepted by the Government for enhancing the benchmark for grant of MACP to ‘Very Good’. These instructions are applicable w.e.f 25.07.2016, the date of issue of Government Resolution by D/o Expenditure. Therefore, in cases where the MACP falls due on or after 25.07.2016, the revised benchmark of ‘Very Good’ is to be followed. In other words, the overall grading of the APARs reckonable for grant of MACP should be atleast ‘Very Good’.

Yours faithfully.

(M.K.Gupta)
Under Secretary to the Government of India
Tele.No.011-230955528

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New Delhi: Ahead of the planned GST rollout from July 1, the government is strengthening the body responsible for detecting tax evasion and will set up two new agencies, including one for business intelligence and analytics.

With the goods and service tax (GST) subsuming central levies like excise duty, service tax and state VAT, the Central Board of Excise and Customs (CBEC) has reorganised its existing central excise and service tax field formations to suit the requirements of the new regime.

The CBEC will itself be rechristened as the Central Board of Indirect Taxes and Customs (CBIC) and will supervise GST and Customs activities and provide the government policy inputs.

The CBIC will be headed by a chairman and will have six members – for GST; IT, legal and compliance verification; investigation; tax policy; Customs and administration and vigilance.

In a letter to the zonal heads, the human resource arm of the CBEC said the Directorate General of GST Intelligence (DGGSTI) will be the new name of the existing Directorate General of Central Excise Intelligence (DGCEI), but with more powers.

The DGSTI will have its task cut out, keeping in view the steep increase in the GST taxpayer base, the letter said.

The organisation will be headed by a principal director general in Delhi who will be assisted by four sub-national directors general.

Also, two new directorates are being created. The Directorate General of Analytics and Risk Management (DGARM) will have two verticals for business intelligence and analytics and risk management centre to provide perspectives for policy formulation.

The Directorate of International Customs will be created to deal with WTO related matters, including tariff, as well as the Kyoto Convention, multilateral and bi-lateral agreements with other countries.

“It will also assist the board in functions related to the National Trade Facilitation Committee for implementation of the trade facilitation agreement (TEA) and Customs procedures for international Trade. All matters of cross- border trade through Land Customs Stations shall also be handled by this directorate,” the letter said.

Further, the National Academy of Customs, Indirect Taxes and Narcotics (NACIN), will be the new form of the existing National Academy of Customs, Excise and Narcotics (NACEN). In the GST regime, it will be the only academy of its kind in India that will provide regular training to officers.

It is also envisaged that the NACIN will provide training to representatives of trade bodies and tax professionals. Thus, it will be catering to the training needs of around 70,000 persons every year.

The role of the Directorate General of Taxpayer Services under the GST set-up will be to provide assistance to the taxpayers at their doorsteps, in addition to handling publicity and public relations, holding seminars and workshops, attending to queries of taxpayers and coordinating the resolution of taxpayers’ grievances.

PTI

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New Delhi: At least 50,000 letters will be sent by indirect tax officials to Prime Minister Narendra Modi seeking his intervention to ensure successful roll-out of Goods and Services Tax (GST).

A decision in this regard was taken during a meeting of representatives of All India Association of Central Excise Gazetted Executive Officers and those from Indian Revenue Service (Customs and Central Excise).

“We have decided that each employee working under Central Board of Excise and Customs (CBEC) will write a letter to the Prime Minister seeking his intervention for the successful GST.

“Though there are about 85,000 indirect tax employees working at various levels across the country, at least 50,000 letters will be sent to the Prime Minister within next two days,” said Anup Kumar Srivastava, President of IRS officers association.

He said through letters, the Prime Minister will be requested to revisit some of the decisions taken by the GST Council, headed by Finance Minister Arun Jaitley, in its meeting on January 16.

“There are certain issues concerning economic interests of the nation and concerning such a large work force like ours, who have been working for GST tirelessly for last 10 years and we want that these are resolved immediately to make roll-out of GST successful,” he told PTI.

The GST Council had in its meeting agreed to give states the powers to levy tax on economic activity within 12 nautical miles of territorial waters and to administer 90 per cent of the tax payers under Rs 1.5 crore annual turnover.

The indirect tax employees unions are demanding that the GST Council decisions are reviewed. They have also expressed concerns over Goods and Services Tax Network (GSTN) – a private company set up to provide information technology infrastructure for the implementation of the new tax regime, saying that it may be put under the CBEC.

PTI

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New Delhi: Ahead of the rollout of GST, Finance Minister Arun Jaitley today sought to address concerns of job loss from reduced work of central excise and service tax officials, saying they should have no insecurity as enough work and opportunities will be available to them in the new indirect tax regime.

“I see no reason really for disquiet for the simple reason (that) opportunities which are available to people in service and the matter of policy and constitutional guarantee are all protected,” he said at the Investiture Ceremony 2017 and International Customs Day 2017 organised by CBEC here.

Only the nature of activity will change because there will be one national sales tax replacing an array of central and state levies like excise duty, service tax and VAT.

“Important changes and evolutions which take place are never put on the back burner” just because the people who conduct the activity would now have to work in an altered form and environment, he said.

“The number of people required, the kind of opportunity will remain unchanged except that the nature of activity itself changes,” he said.

GST, he said, has for last several yeas been considered as a larger part of policy consensus in India and an important taxation reform that will lead to the economic integration of the country.

“Once it takes place you have a situation where taxes (that) are levied by the state (and) by Centre (will) all be integrated into one and therefore resulting in one assessment.

“Multiple systems on assessment which is there at present will evolve into a newer kind of system,” he said.

He was responding to Central Board of Excise and Customs (CBEC) Chairman Najib Shah’s remarks drawing his attention to “the rising disquiet in the cadre”, saying there were human resource issues in the service.

Jaitley said the revenue to be collected is going to expand and there will be expansion of economic activity as well.

“Therefore even though you have two parallel machineries which could now be converging into similar kind of activities and shared responsibility, I think the future will stand witness to the fact that there will be adequate amount of opportunities to be created and therefore the kind of disquiet in service, the kind of personal pressure I see on you should reduce as there is no real occasion for a fear of this kind or a sense of insecurity for anyone in this service,” he said.

The Finance Minister said change and evolution are an integral part of any economic order, and they are never held back because the nature of responsibility is going to change.

“This is an ongoing process it will continue and we will all have to adjust ourselves with this particular change. I can only assure you that there is no reason for disquiet, you can go and have a comfortable sleep tonight,” he told the revenue officials.

Revenue Secretary Hasmukh Adhia told the officers that they will have enough work to do under GST.

The Indian Revenue Service (Customs and Central Excise) Officers Association has asked the government to protect the sanctity of their service amid attempts by officers of state government VAT departments to equate themselves with IRS (Customs and Central Excise) officers.

PTI

The post GST will not lead to job losses at central excise dept, assures Jaitley appeared first on CENTRAL GOVERNMENT EMPLOYEES NEWS.

Opposing some recent decisions taken by GST Council, various indirect tax officials’ associations today decided to start non-cooperation movement.

To start with, the employees associations will not celebrate international customs day on Friday. Besides, they will observe ‘black day’ by wearing black badges on Martyrs’ Day, i.E. January 30, as per minutes of meeting held among their representatives here.

The associations said that their members are “highly disappointed” and feel “cheated” over the decisions taken by Finance Minister Arun Jaitley-led GST Council in its meeting on January 16.

The Council had agreed to give states the powers to levy tax on economic activity within 12 nautical miles of territorial waters and to administer 90 per cent of the tax payers under Rs 1.5 crore annual turnover.

“We feel that the biggest tax reform of the century should have been in conformity with the principles of responsibility and authority going together and also in conformity with the Constitutional design. We feel that the decision shall weaken the Centre’s ability to ensure its revenues.

“The decision will not only adversely affect the career of revenue officers but it is not in national interest. We oppose the decisions taken by GST Council and requests for deferment and review of above inappropriate and incorrect decisions,” as per the minutes of meeting of steering committee of associations representing Group A, B and C employees of Central Board of Excise and Customs (CBEC).

The decision came after a meeting of representatives of Indian Revenue Service (Customs and Central Excise), All India Association of Central Excise Gazetted Executive Officers, All India Central Excise Inspectors’ Association and All India Central Excise and Service Tax Ministerial Officers Association, comprising 70,000 personnel, here, office bearers said.

According to them, the decision taken by GST Council in its January 16, meeting will not only weaken the Centre but also adversely affect the Indian economy and revenue collection but also national security.

They have decided to request authorities concerned to take immediate necessary action to resolve the issues and to defer the unjustified decision of GST Council taken under pressure of state VAT officers.

“We feel that if the above genuine demands in national and revenue interest are not considered then this disciplined service will be forced to initiate non-cooperation movement following Gandhian methods of Satyagraha,” the associations said.

The Goods and Services Tax (GST) is likely to be rolled out from July 1, as against April 1 decided earlier by the government.

PTI

The post GST – 70,000 Tax Officials warn of non-cooperation movement appeared first on CENTRAL GOVERNMENT EMPLOYEES NEWS.

New Delhi: In the run-up to GST rollout, the finance ministry has warned tax officials of disciplinary action if they go ahead with planned protests, including taking mass casual leave, on the budget day.

The All India Association of Central Excise Gazetted Executive Officers is opposed to any assessee of excise and service tax being moved to states in the new GST regime and has given notice for protest that includes lunch hour dharnas and mass casual leave on the budget day.

The revenue department on October 10 issued an order asking officials not to go on any protest and cited service rules that bar such action.

“GST is a major tax reform. All decisions will be taken by the GST Council, keeping in mind the interest of all concerned – the tax payer and officers. Against this background, you are advised to refrain from proposed course of action,” it said.

The order cited service rules that do not permit participation in demonstrations and strikes.

The service rules attached with the order stated that “disciplinary action should be taken against the prominent participants in the ‘gherao’ by striking officers, and absence from work on account of participation in such a protest should be treated as “unauthorised absence involving break in service”.

“The absence should not be regularised as leave of any kind,” the service rules said.

Rule 7 cited in the order states that no government service shall “engage himself or participate in any demonstration which is prejudicial to the interests of the sovereignty and integrity of India, the security of the state…”

The association plans to hold lunch hour dharnas on November 9, wearing black badge in office on December 7, day-long protest on January 5 and mass casual leave on budget day by all officers.

In its memorandum to Finance Minister Arun Jaitley, the association said the Central Board of Excise and Customs (CBEC) and its officers and employees have experience and expertise of more than 70 years in handling excise and service tax “which is missing with state officers”.

It wanted that “none of the assessees of central excise (to be levied CGST on supply of goods) and service tax (to be levied CGST on supply of services) should be transfered to states for the purpose of levy and collection of CGST by the officers of states”.

“All central excise and service tax assessees falling above the annual turnover of Rs 20 lakh should necessarily be controlled by the Centre and its officers only. No need to say we require a strong and powerful Centre in our federal system,” it added.

It wants CBEC and its officers only to collect C-GST and I-GST. “State government officials should be allowed to collect only SGST on intra-state supply of goods and services,” the body proposed.

PTI

The post FinMin warns tax officials of action against GST protest appeared first on CENTRAL GOVERNMENT EMPLOYEES NEWS.

“On the receipt of the document… in respect of the pending case, the jurisdictional deputy/assistant commissioner… will make a provisional payment of 80 per cent of the amount claimed as refund within five working days of the receipt of the documents,” a CBEC circular said.

The move will speed up sanction of the refund accumulated CENVAT credit to exporters of the services, it added.

It is also clarified that the decision to grant provisional payment is an administrative order and not a quasi-judicial order and should not be subjected to review.

This payment of 80 per cent of the refund shall be purely provisional based on the documents above and without prejudice to the department’s right to check the correctness of the claim in terms of the relevant notification, it said.

On the CBEC move, Nasscom said the circular has reiterated granting 80 per cent upfront refund within a week and the balance 20 per cent on scrutiny of applications.

This is applicable to service tax refund claims filed under Rule 5 of the CENVAT Credit Rules, 2004 (CENVAT Rules) on or before March 31, 2015.

“This scheme is applicable to cases that have not been disposed of so far. A claimant on submission of statutory auditor certificate certifying refund eligibility in the prescribed format and an undertaking to repay with interest in the case of refund adjustment, will receive 80 per cent refund amount within five days,” it said.

Source: NDTV

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Customs & Central Excise Cadre Review

Board has issued CR NT Formations notifying the jurisdiction of all formations and the date of their effect.

The date of effect is 15-10-2014. So all the new Formations (new Commissionerates, Directorates, present Commissionerates reorganised and designated authorities) will take effect from 15-10-2014.

View the CBEC Notification dated 16th Sep’14

Source: http://paycommissionupdate.blogspot.in/

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With nothing left to be happy about in terms of career prospects, pay or any other service matter, superintendents of central excise, service tax and customs will gather before the residences of Joint Secretary (Administration) and Member (PandV) of the Central Board of Excise and Customs on September 20 in a symbolic manner to highlight their pain through a Satyagraha programme in New Delhi.

The same programme will be observed before the residences of CBEC chairperson and the Revenue Secretary on September 21.

Despite disappointment, job dissatisfaction, demotivation, humiliation and frustration, the revenue targets are regularly being achieved above the set targets by the sincere, committed and dedicated efforts of these officers but nobody is worried about their career prospects.

These officers are forced to retire at a PB2 (the lowest Group B gazetted) post with only single promotion in the service career of 35-40 years after joining as Inspector whereas their common entry counterparts are easily enjoying PB4 levels (Joint Secretary and Commissioner, top level Group A posts) after getting 5-6 promotions.

These officers are getting promotion (if any) merely to Junior Time Scale while their counterparts of CPWD, CSS, CSSS, AFHQS, Railway Board, Rajya Sabha Secretariat and many others like administrative services, police services, forest services, engineering services, state services etc. to senior time scale.
The employee grievance redressal mechanism has totally failed. These poor officers are also forced to work under the extreme juniors of Customs belonging to the same cadre.

Not only it, they are also deprived of the due pay scales in comparison to their analogous counterparts. The rights to grow, make progress and live with dignity have been snatched from them. There is no change in the scenario regarding their career prospects despite of the repeated representations and requests made to the administration.

“If career prospects were disclosed at the time of the recruitment, these officers would have never joined this job,” said Ravi Malik, Secretary General, All India Association of Central Excise Gazetted Executive Officers.

Malik also disclosed the facts that the direct IRS officers have been ensured up to nine promotions to upgrade them within the standard residency periods prescribed by DOPT by creating the posts at apex, HAG+ etc. levels in the higher scales even without availability of the eligible officers but no measures are being taken for the actual workforce of CBEC in the form of Central Excise Superintendents and Inspectors to promote/upgrade them within the standard residency periods prescribed by DOPT.

Their counterparts of Income Tax (CBDT) and the Assistants of CSS under the same Department of Revenue are able to reach the post of Commissioner and Joint Secretary. Almost all other counterparts of them are also reaching the PB4 levels.

The CBEC is even unable to conduct the DPC for promotions from Group ‘B’ to Group ‘A’ at prescribed intervals. Nothing has been done for these poor officers for decades to improve their career prospects. They are given false assurances but nothing has ever happened. All of other cadres below Group ‘A’ except Inspectors and Superintendents are also already getting 5 to 6 promotions in CBEC.

Malik added that the cadre restructuring, which should have been implemented immediately after its notification on 18.12.13 particularly keeping in view the monthly mass level retirements of our officers without getting even IInd promotion, is still pending even after more than eight months of its notification.

“Now under the prevailing circumstances, we have no option other than the revival of the Satyagraha programme to sit before the residences of the authorities including Commissioners/ADG’s, Chief Commissioners/DG’s, Joint Secretary, Members, Chairperson, Revenue Secretary, Minister of State (Revenue) and Finance Minister requesting them for immediate implementation of cadre restructuring and taking concrete measures independent of cadre restructuring to retire our officers also in PB4 under the hope of being listened in a better way at the residences of the authorities,” he said.

“In view of the above, our officers limited to 51 in number will gather peacefully before the residences of the Joint Secretary (Admn.) and Member (PandV) of the CBEC on 20.09.14 (Saturday) and the Chairperson of CBEC and Revenue Secretary on 21.09.14 (Sunday) under the ’51 programme’ requesting these authorities to fulfill our demands as per the charter of demands enclosed herewith,” he added.

“Under next step, such programmes will be observed before the residences of the Commissioners and Chief Commissioners throughout India and before the residences of other higher authorities in Delhi, if our demands are not acceded,” said Malik.

Source:  http://www.business-standard.com

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S. Kaliamurthy
PRESIDENT,CHENNAI
09848234942

The Secretary, Seventh Central Pay Commission,
Post Box No. 4599, Hauz Khas P.O,
New Delhi 110 016
E-mail:- secy-7cpc@nic.in

Sub: – Submission of Memorandum on issues of the All India Customs Ministerial Employees’ Federation under Central Board of Excise & Customs-reg.

Respected Sir/Madam,

I am submitting herewith the Memorandum on issues of the Customs Ministerial Staffs, Chemical Staffs(Group-‘C’) and Marine Staffs working in the field formation of the Central Board of Excise & Customs, North Block, New Delhi-110 001.

I on behalf of my Federation would like to request before your goodself to allow this Federation to submit an oral deposition with documents before 7th CPC for redressal and we would also like to request you to give us opportunity for supplementary submission, if any, for your kind consideration.

Thanking you.

Submitted by

This Federation i.e. All India Customs Ministerial Employees Federation (AICMEF) is the largest Ministerial Federation recognized by the Central Board of Excise and Customs(CBEC) after satisfying the Membership over 35% of working strength of the Ministerial Staff as laid down in the CCS(RSA)Rules,1993. It is known to all that CBEC is functioning under Department of Revenue whereas another wing is existing in the name of Central Board of Direct Taxes (CBDT). This CBDT & CBEC is the major Revenue earning organization of Govt. of India. This Federation, AICMEF have their members all over India in the ‘Customs’ domain.

Ministerial Staff in the Customs Field formations are participating directly in the process of Revenue earning and is engaged in different technical departments such as Import Noting, Appraising, Export, Preventive etc. and is also playing a pivotal role in doing the housing keeping job.

PROFILE OF MINSTERIAL CADRE UNDER CBEC:

Other than Group ‘A’ cadres there are mainly two types of cadres (1) Executive cadres such as Appraiser (Group ‘B’ Gazetted), Superintendent of Customs (Preventive)(Group ‘B’ Gazetted), Inspector (Preventive Officer & Examiner) and (2) Ministerial cadres. Ministerial cadres at present consists of Chief Accounts Officer (Group ‘A’), Administrative Officer (Group ‘B’ Gazetted). DY. Office Superintendent (Group ‘B’ non-gazetted), Sr. Tax Assistant (Group ‘B’non-gazetted), Tax Assistant(Group ‘C’) and Lower Division Clerk (Group ‘C’).

Distinctive function of Ministerial Cadre:

It is evident from the designation that these Ministerial Cadres are directly involved with the Revenue collection procedure which is unique to this Ministerial cadres because the Ministerial cadres in other department are involved with the house keeping job only. It is not out of context to mention here that the Staff Selection Commission takes a separate examination to appoint Tax Assistant in the Revenue Department i.e. in the CBEC & CBDT.

Read full memorandum click here
Source: Confederation

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