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A Blog to disseminate information on cadre related issues to the Superintendents of Central Excise & Central Tax all over India (Members of AIACEGEO)
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Wednesday, October 30, 2019
Inadequacies of CGST
GS/ADMN/2019 Dated
03.09.2019
To
The Principal Chief Commissioner of
Central Tax, Central Excise & Customs
Thiruvanathapuram
Zone
Sir,
Sub: Inadequacies of CGST backend - Reg
Please
refer to this Associations letter dated 08.03.2019 bringing to your kind
notice, some of the requirements in CGST backend that would enable the officers
at field level to function effectively. We had among other issues pointed out
the inadequacy in accessing GSTR2A, non availability of certain reports for a
period greater than a month and the non availability of details of goods and
services supplied by a registrant in the
reports .
2. We would like to highlight some of the functionalities
available in the Kerala SGST and are constrained to state that we are far
inferior to them. You may recall the recent comparison of performance of CGST
and SGST officers where in it was observed that the performance of SGST
officers was much better. In this regard, we would like to unequivocally state
that SGST being better equipped with man power and technology such a conclusion
alone is to be expected.
3. In the
Annexure to this letter the reports available in respect of a single unit for
an SGST official in enclosed.
Yours
faithfully
ARUN
ZACHARIAH.P
GENERAL
SECRETARY
Copy to
The Principal Commissioner of
Central Tax & Central Excise
Cochin/Thiruvanathapuram/
Calicut,
ANNEXURE
Letter on recognition
GS/ADMN/2019 Dated
18.03.2019
To
1)
The Chairman, CBIC, North Block, New
Delhi.
2) The
Member (Admin), CBIC, North Block, New Delhi.
3)
The Member (South Zone), CBIC, North
Block, New Delhi.
Sirs,
Sub:
Procrastination by CBIC granting renewal of recognition to AIACEGEO leading to
undesirable practices – reg.
This
Kerala Unit of the AIACEGEO, represents the 415 No of Superintendents working
in the Commissionerates of Cochin, Calicut, Thiruvanathapuram, Cochin (Audit),
Cochin (Appeals), Cochin Customs (Preventive) & Directorates of DRI, DGGI
and NACIN. We have submitted to the
Board, the DDO Certificates for the year 2017-18 testifying to a paid up
membership of 386 number of Members, through our Secretary General Shri. R.
Manimohan. Our committee is the only
elected body in this unit.
We are aware of the Board’s letter vide F. No.
12017/07/2017-Ad.IV-A dt. 12.02.2019 wherein it has been communicated clearly
that promotee ACs cannot be members of the AIACEGEO as per the existing CCS
(RSA) Rules. Accordingly, the former SG
of our Association, Shri. Ravi Malik who was promoted as AC in February 2017
cannot any longer use the name of this Association. All his actions subsequent to his promotion
are null and void. The meeting convened
by him without the President of this Association in May 2017 was after his
promotion and hence all that he has done subsequently in the name of this
Association, including a claim for its legal ownership and to get the
recognition renewed in his name based on the DDO Certificates submitted by our
legally elected Secretary General Shri. R. Manimohan is also null and
void. The person whom he calls the
President of his camp is also an Assistant Commissioner. Thus when the camp led by him is illegitimate
and the Board should not allow them to use the name of AIACEGEO. Administrative and disciplinary action should
be taken against them for such misuse, even after the clarification by the
Board vide its letter dated 12.02.2019 cited above.
It has come to our
knowledge that Shri. Ravi Malik is still calling himself the Secretary General
of the AIACEGEO, in defiance of the Board’s letter cited above and collecting
huge funds through his appeals in his blog named cengoindia.blogspot.com. A copy of such a communication dated
13.03.2019 is enclosed for ease of reference.
Hence, it is
requested that the Board may kindly step in immediately to stop such
undesirable practices of illegal collection of money by an illegitimate
body. Considering that there is only one
legitimate body representing the Superintendents of Central Excise/GST at the
All India Level with Shri. Sanjay Srinivasan as the President and Shri. R.
Manimohan as the Secretary General and that this body has already submitted the
necessary number of DDOs to prove membership of 5317 members (out of an
estimated working strength of 11500 members) which is much above the 35%
required under the CCS (RSA) Rules, as done in the earlier instances, renewal
of recognition of the Association may be issued on the basis of these DDOs so that
any further procrastination on the part of the Board is not misused by the
vested interests and illegitimate bodies, for which Board should not become
responsible.
We seek your
immediate intervention in the matter and renewal of recognition of AIACEGEO immediately.
Encl
: Call dated 13.03.2019 of Shri. Ravi Malik
Yours
faithfully
ARUN
ZACHARIAH.P
GENERAL
SECRETARY
Copy to
Shri. R.
Manimohan, SG, AIACEGEO.
-for
information and records.
Pathanamthitta Man Power
GS/ADMN/2019 Dated
11.07.2019
To
The Principal Commissioner of
Central Tax & Central Excise
Cochin Commissionerate
I.S.
Press Road, Cochin 682018
|
Sir,
Sub:
Lack of manpower in
Pathanamthitta Division - Reg
The Association wishes to highlight
the plight of officers posted at Pathanamthitta Division due to the lack of
manpower. Only two Superintendents are posted to the Divisional Office and both
of them have been given additional charge, one of Ranni Range which is 20 Kms
away and the other of Pathanamthitta Range. Out of the two inspectors posted to
the Divisional Office, one has been given additional charge of Thiruvalla Range
which is 35 Kms away.
2. The stress and strain on officers who are
manning understaffed formations doesn’t require explanation. It is requested
that at least two more Superintendents may be posted to Pathanamthitta Division
and Ranni Range. It is suggested that officers under orders of promotion or the
senior in a station who has completed station tenure may be posted to these
places.
Yours
faithfully
ARUN
ZACHARIAH.P
GENERAL
SECRETARY
Penal Interest
GS/ADMN/2019 Dated. 05.08.2019
To
The Principal Chief Commissioner of
Central Tax, Central Excise & Customs
Thiruvanathapuram
Zone, I.S. Press Road, Cochin 682018
Sir,
Sub:Instructions issued on tax
liability on the value of Penal / Default
Interest collected as an additional interest on
delay in payment by NBFC
and chitties –
Reg
Kind attention is
invited to letter C No. IV/16/148/2018/CC(TZ)/IVC dated 16.11.2018 wherein
relying on the Maharashtra Advance Authority Ruling (AAR) order on Penal /
Default Interest collected as an additional interest on delay in payment by
NBFC and chitties vide GST-AAR-22/2018-19/B-85 Mumbai dated 06.08.2018, it was
pointed out that similar transaction was taxable under Section 66E(e) of the
Finance Act,1994 in respect of Penal / Default interest charged by NBFC and
other chitties and directions issued to ensure that these transactions were
brought to the tax net both under GST as well as the erstwhile Service Tax
regime.
In this regard, the following is brought to notice
for kind consideration:
1. SECTION
103 of the CGST Act, 2017 specifies that the Applicability of the advance
ruling pronounced
by the Authority or the Appellate Authority is binding only on the applicant
who had sought the advance ruling in respect of any matter referred to in
sub-section (2) of section 97 and on the concerned officer or the
jurisdictional officer in respect of the applicant.
2. SECTION
15 of the CGST Act, 2017 specifies that the Value of taxable supply of a supply of goods or services or both shall be the
transaction value, which is the price actually paid or payable for the said
supply of goods or services or both where the supplier and the recipient of the
supply are not related and the price is the sole consideration for the supply
and that it would inter alia include the interest or late fee or penalty for
delayed payment of any consideration for any supply
3.
Circular
No. 102/21/2019-GST dated 28.06.2019 clarified the applicability of GST on
additional / penal interest and specified that the transaction of levy of
additional / penal interest in the second example (reproduced at the end of the paragraph)given would not fall within
the ambit of entry 5(e) of Schedule II of the CGST Act i.e. “agreeing to the
obligation to refrain from an act, or to tolerate an act or a situation, or to
do an act”, as this levy of additional / penal interest satisfies the
definition of “interest” as contained in notification No. 12/2017- Central Tax
(Rate) dated 28.06.2017.(Case 2: X sells a mobile phone to Y.
The cost of mobile phone is Rs 40,000/-. Y has the option to avail a loan at
interest of 2.5% per month for purchasing the mobile from M/s ABC Ltd. The
terms of the loan from M/s ABC Ltd. allows Y a period of four months to repay
the loan and an additional / penal interest @ 1.25% per month for any delay in
payment. Clarification: The additional / penal interest is charged
for a transaction between Y and M/s ABC Ltd., and the same is getting covered
under Sl. No. 27 of notification No. 12/2017- Central Tax (Rate) dated
28.06.2017. Accordingly, in this case the 'penal interest' charged thereon on a
transaction between Y and M/s ABC Ltd. would not be subject to GST, as the same
would be covered under notification No. 12/2017-Central Tax (Rate) dated
28.06.2017. The value of supply of mobile by X to Y would be Rs. 40,000/- for
the purpose of levy of GST.)
4. Under the provisions of the
erstwhile Service Tax laws too, the value of the taxable service was the gross
amount charged and Rules 5 & 6 of the Service Tax (Determination of Value)
Rules, 2006 prescribed the Inclusion in or exclusion from value of certain
expenditure or costs and Cases in which the commission, costs, etc.,
will be included or excluded respectively. Specifically not to be included
in the taxable value was interest on delayed payment of any consideration
for the provision of services or sale of property, whether moveable or
immoveable as per the provisions of Rule 6(2) (iv) of the
Rules ibid. (w.e.f 01.07.2012)
In the light of the specific exclusion
from the taxable value as highlighted above, it is opined that the instructions
issued by the letter C No. IV/16/148/2018/CC(TZ)/IVC dated 16.11.2018 is bad in
law to the extent of application of the Maharashtra AAR to erstwhile Service
Tax cases and it is requested that the said directions be withdrawn as far as
Service Tax is concerned in order to avoid unnecessary and futile litigation.
Yours
faithfully
ARUN
ZACHARIAH.P
GENERAL
SECRETARY
Copy
submitted to:
The
Principal Commissioner of Central Tax & Central Excise
Cochin
Commissionerate
The
Principal Commissioner of Central Tax & Central Excise,
Thiruvanathapuram
Commissionerate
The
Commissioner of Central Tax & Central Excise,
Calicut
Commissionerate
The
Commissioner of Central Tax & Central Excise (Audit)
Cochin
Re –organisation of jurisdiction of Ranges and Divisions
GS/ADMN/2019 Dated.
05.08.2019
To
The Principal Chief Commissioner of
Central Tax, Central Excise & Customs
Thiruvanathapuram
Zone, I.S. Press Road, Cochin 682018
Sir,
Sub:Re –organisation of jurisdiction
of Ranges and Divisions – Reg
Kind attention is invited
to letter C No. IV/16/78/2016/CC(TZ)/IVC dated 15.07.2019calling for proposals
to reorganize the ranges so that the number of taxpayers in a Range goes in
tandem with the normative strength for a Range. This Association had on earlier
occasions represented that the Ranges having more than 1000 Registrants be
either bifurcated or sanctioned an additional Superintendent and Inspector and
the Ranges having Registrants between 750 to 1000 should be sanctioned an
additional Inspector. We reiterate that even after the reorganization of
Ranges, if any of the Ranges are having more than 750/1000 registrants, the
staff strength suggested by the Association may please be adhered to failing
which scrutiny of returns would become an insurmountable task.
2. The
present jurisdiction of Ranges is based on PIN codes as well as villages. But
the allocation of registrants done electronically has taken into consideration
PIN codes only. Though PIN codes have not been duplicated among Ranges, on
actual allocation it is seen that units having same PIN codes are allotted
among different Ranges. In some cases units having PIN codes that do not fall
within the jurisdiction of a Division is also allotted to the Range in that
Division. This might have occurred due to glitches in mapping. The cause for
such erroneous allocation may please be identified and rectified before
completing the reorganization.
3. It
is further submitted that if same pin codes are allotted to places falling
under two or more villages, the areas under the pin code may please be
identified and that area carved out of more than one village may specifically
be allotted to a single Range having proximity. Alternately it is also
suggested that identifying villages with the Post Offices / PIN Codes within
the villages would serve to provide territorial contiguity while at the same
time adherence to the Pan India norm of PIN Code based distribution of
Assessees.
4. It
is also requested that the exercise of Reorganisation of Ranges may please be carried
out in consultation with the Associations so that a meaningful conclusion that
is beneficial to the Department, Assessee as well as Staff can be worked out.
Yours
faithfully
ARUN
ZACHARIAH.P
GENERAL
SECRETARY
Thanks to CC
GS/ADMN/2019 Dated
10.07.2019
To
Shri. Pullela Nageswara Rao,
Principal Chief Commissioner of
Central Tax, Central Excise & Customs,
Thiruvananthapuram Zone,
Cochin 682018
Dear Sir,
The
Central Executive Committee of this Association in its meeting held on
04.07.2017 at Ernakulam took stock of the activities during the period November
2018 to June 2019 and as a part of the evaluation, the Original Application
filed by the Association along with two members before the Honourable Central
Administrative Tribunal, Ernakulam Bench for grant of NFSG of Rs. 5400/- in
PB-2 was discussed.
2. The
Committee was unanimous in its appreciation of the fact that Thiruvanathapuram
Zone alone was granted implementation orders by the Board without any contempt
action having been initiated for the same, for which we are all aware that the
credit goes solely to you. In keeping with the unanimous resolution of the
Committee, I convey and place on record our sincere gratitude to you for your
persistent follow up action with the Board that resulted in the favorable
decision to implement the Order of the Honourable Central Administrative
Tribunal, Ernakulam Bench in OA No. 180/00862/2018.
Thanking You,
we remain
Yours
in co-operation
ARUN
ZACHARIAH.P
GENERAL
SECRETARY
Technical Issues
GS/ADMN/2019 Dated
08.03.2019
To
The Chief Commissioner of Central Tax,
Central Excise & Customs
Thiruvanathapuram
Zone
Sir,
Sub: Undue pressure on GST field
formations and deficiencies in GST
backend
The
Association is constrained to highlight the unbearable pressure thrust upon our
members working in GST formations by overwhelming them with culling and
analysis of data on various mismatches and calling for immediate report and
realizations. The recent addition of DGARM data has further compounded the situation.
The Superintendents working in field formations are further burdened by the
lack of adequate staff. The compulsions for immediate verification reports puts
the officer at a high risk of disciplinary action at a later date when it comes
to notice that some mistakes have crept in due to the haste in implementing the
directions issued. It is apposite to mention here that the C&AG Audit
Parties have now started scrutinizing the TRAN 1 verification done by our
officers and there is every chance for the same being replicated on other
verifications. Hence, it is requested that sufficient time and manpower must be
given for completing these verifications.
2. We would like
to bring to your notice some of the practical difficulties in conducting these
verifications. The email id given in the application for registration is often
created merely for registration purposes and most often mails are not read by
the registrants. When the numbers of registrants to be verified are high, the
Range Officers are not in a position to place individual call to the
registrants, which are at times viewed as harassment also. You may recollect
that a question was raised in the Parliament regarding the phone calls to
registrants. It is hence suggested that the possibility of sending automated
messages and calls to the registered mobile number should be explored in order
to overcome this difficulty.
3.
Another major area of work is action against non-filers. Repeated emails
are not giving any result in many cases and non initiation of further action has
grossly discounted the worth of such emails. Automated GSTR 3A should be issued
to the Registrants. Suo-moto
Cancellation of Registration Option
may be incorporated in GST Backend Software in
respect of registrants who have not filed Return >= 6 Months, after
intimating the Tax Payer with a pre-defined
“As per Section 29(2) of CGST Act, 2017, Your Registration is liable for
Cancellation since you have not filed GSTR-3B Return for a continuous period of
6 Months” through e-mail and mobile no. with a due date (as a final chance) to
file the Returns and send a compliance report through online. The system may
cancel their registration after the due date, if no reply is received from the
tax payer and they still have not filed the returns even after the intimation. Amendment
may be required to change the word “proper officer” as “GSTN System/proper
officer” in Section 29(2) of CGST Act, 2017.
4.
A good number of verifications
required to be conducted pertains to ITC and one of the crucial documents in
this regard is the GSTR2A. Though the functionality to view GSTR2A has been
introduced recently, it is practically difficult to use. The GSTR2A cannot be
downloaded immediately and a request is to be placed. In a good number cases
the GSTR2A would not be made available. These requests are to be made
separately for each month and for each data field (B2B, B2BA, CDN, CDNA, ISD,
ISDA) and this becomes a time consuming exercise. The GSTR2A should be made
available on real time basis for a given range of months. It would be ideal if
the suppliers GSTR 3B status is also provided in the GSTR2A.
5.
We would also like to bring to your
kind notice, some of the inadequacies of the report functionalities available
in GST back end. Some of the reports in Reports Module can be generated only
for a single month. But most of the time, reports are being required for a
particular period i.e, in between periods (<= 12 Months). Hence it is very
difficult for the Range Formations to generate all reports for every month and subsequently
work out the same in MS Excel manually to compile a report for a particular
period, which is tedious and time consuming leading to wastage of time and man
power, although all data is available in the system itself. It is compulsorily
required to generate all reports for the period (From Month, To Month Options
and maximum for a period of 12 Months) at least for the Range Formations. If
possible “Values: Rs. in Crores/Rs. in Lakhs/Rs. in Actual” may also be included.
Also, the download option for the summary may be enabled so that all data can
be got in a tabulated form.
6.
In the HSN Report and Tax Offset
reports, the summary of various Taxes paid in cash and credit and the cash to
credit ratio is to be added. At present, these are to be calculated.
7.
Some of the reports when downloaded
do not contain the name of the formation or the period. The Non Filers of GST
Returns Report listing the Composition Levy Tax Payers also, who have already
filed GSTR-4 Returns which is required to be filed by them. Hence It is better
to have an Input Parameter during the report generation i.e., Type of GST
Return: GSTR-3B/GSTR-1/GSTR-4/GSTR-9/GSTR-10” to avoid this type of issues. It
is an urgent requirement since Suo-moto cancellation of Registration by the Tax
Officer is in the process based on the Non filers
of GST Returns for a continuous period of 6 months. It would be ideal if the
Non filers report also provides the email id and phone no of the registrant as
it would avoid the burden of identifying the data from the registration master.
8. It is also submitted that the Non filers data
are sometimes inaccurate causing embarrassment to field officers. Although the
GST Returns for the months filed by the Tax Payers are displayed with “Filed”
status, while verifying through “Search Tax Payer” Option in www.gst.gov.in, the Range
Officer is unable to retrieve the recently filed returns in the AIO. It takes 1
or 2 Days/1 Week time to view the recently filed returns through the AIO. The
Range Officer should be able to view the GST Returns in the AIO immediately
whenever the returns are filed. Only then the Report on Non Filers of Returns
will be correct while being generated from AIO.
9. An additional report comparing the revenue
trends of Top 100 taxpayers should be introduced. This should have data for
current month, upto month along with comparative figures of the previous year.
10.
As per the extant instructions,
application for cancellation of registration is allowed without looking into
the liability part. A report of cancelled registration should be made available
containing details of Registration Required Date, Registration Approved Date,
Cancellation Application Filed Date, Effective Date on which Cancellation is
required, Last Month for Which Return is Filed and Registration Cancelled Date.
11. In the downloadable tax payer details from
the registration menu, the details of the goods/ services supplied and the name
of the signatories may be added.
12.
The refund processing is soon expected to be completely online. In the case of
refund of ITC on zero rated supply, the prime concern is the correctness of NET
ITC declared. In the case of refund of ITC accumulated on account of inverted tax structure, the Statement 1A
required to be filed online contains the details of inward supplied which get
validated with GSTR2A before uploading.
Similar details are presently not required in Statement 3 pertaining to ITC on
zero rated supply. This detail is required to be filed online for smooth online
processing.
13.
The online learning management system
should be regularly updated to keep the trainers up-to-date.
Yours
faithfully
ARUN
ZACHARIAH.P
GENERAL
SECRETARY
Copy to
The Commissioner of Central
Tax & Central Excise,
Cochin/Thiruvanathapuram/
Calicut,
MINUTES OF THE STATE CONVENTION ON 24.1.2019
The
37th State Convention of of
AIACEGEO, Kerala unit was held on 24th
and 25th of January 2018 at FortCochin, Ernakulam. The function
started with an open session which was formally inaugurated by Shri.Pullella
Nageswara Rao, Chief Commissioner, Thiruvananthapuram Zone. The meeting was
presided over by Shri.Antonio Netticadan, President of the Kerala Unit and
felicitated by Shri.Uday Bhasker, Commissioner of Central Tax and Central
Excise, Cochin and Shri. Mohd. Yousuf, Commissioner Audit, Shri. R. Manimohan,
Secretary General, AIACEGEO, Shri. Bhaskarnath, General Secretary, AICEIA<
Kerala Circle. Shri.Arun Zachariah P welcomed the gathering and Shri.Sreedhar
E, Secretary (Central) offered vote of thanks. In his inaugural address the
Chief Commissioner stated that the Board os proposing to categorise the Ranges
as A, B, and C and deploy staff
accordingly. Ministerial staff would also be inducted into the Ranges.
The
delegates session started at 2.30 PM. The General Secretary read out the
Minutes of the Special Convention held on 11.08.2017. After discussion it was
approved unanimously. After that General Secretary presented the action taken
report for the period from 10.11.2016 and circulated hard copies of the report to
the members for discussion.
President
invited views/objections from the members on the Action taken report.
Shri.Anand and Sh.Varghese John accepted
the action taken report. Shri Biju remarked that he is happy to see a large
number of participants in the convention
and pointed out that the member participation in the CEC meeting has
reduced to 7 or 8 and the new committee should look into that. He expressed the
displeasure of the members to work under
the AC from Customs who are juniors. He opined that Association should stand
along with members in some of the individual issues like MACP, pay arrears,
fixation etc and support the individual for seeking legal aid by extending
financial assistance from the legal fund. Regarding e-way checking, he
suggested that we have to object e-way bill checking by since it is duty of the
Inspectors, we are not supplied with smart phone, tablets, vehicles etc and same rank officers in State GST are not
performing such duties. Regarding transfer policy, he remarked that Association
has to aware members to choose ‘Station’ instead of ‘’Commissionerate’’ while submitting transfer request.
Shri.Padmakumar
addressed the gathering and remarked that the report gives a picture of
successful working of the present Committee
and the report covers all the
issues during the period. He appreciated the working of the Committee
during the period especially the fruitful intervention of the office bearers in
the issue of Cusotms Jurisdiction. He also supported the views of Shri.Biju
that the association should take up the individual issues and extend legal
support.
Shri.Vinodkumar
addressed the gathering and mentioned that in some units the Association work
is not active and requested office bearers to visit such units and encourage
the members to keep the Association vibrant.
Regarding
legal support to the individual cases, President clarified that it is the
decision of the CEC Meeting that Association will take up the issue if it is in
the benefit of majority members. President assured that in MACP issue, if the
individual members move ahead for a legal remedy, Association will support
them. Shri. Narayanan stated that PAO objected the case (case of Pushpa &
Manojkumar) saying that stepping up should be given in the same cadre and
requested Association to take up the matter.
Shri.E.Sreedhar
commended that it is violation of FR 22(1) and relates only to pay scale and
not a cadre issue.
Reply
by GS
In
his reply GS stated that we received a good response and support from
Administration as a result good rapport with the Administration in solving some
of our genuine problems like Custom Jurisdiction. In the case of posting of
Customs ACs in Central Excise, the Committee presented the issue before the
Administration and given a letter in line with All India Association opposing
the posting of Customs ACs in our offices and to certain extent administration
has accommodated our demand. Regarding
stepping up issue, he stated that a letter has been given to the Administration
and read out the main points of the same and the issued has been taken up in
the Grievance Redressal Forum. Regarding legal support to the individual cases,
GS assured that if the members go for legal remedy, Association will support them considering the
genuineness of the issue and decision of
the CEC. Regarding e-way bill checking, we have to requested Admn for providing
smart phones/tablets and vehicles. The administration has already purchased
TABs and sought permission to hire vehicles.
Discussion
on dharna on 8 & 9 January 2019.
Discussion
on participation in Dharna on 08 & 09 .01.2019 in support of All India
Strike started after tea break and President requeste to present a unit wise
report on the same. He also reminded about a CEC meeting decision to conduct a
referendum about strike, but nothing happened. Unit wise report on the 2 day CL was presented
Kottayam
Unit: Out of 14 officers 8 participated, 6 not participated out of which 1 was
not willing to participate and others are retiring on 2019-2020.
Kannur:
Out of 10 officers only 4 participated, 6 not participated may be due to most
of the officers were posted to Kannur Airport.
Kozhikkode:
In CLT Hqrs, Urban DVN, Rural DVN, Audit and CPD all officers are participated
and members were of the opinion that
Association should have participated in strike rather than calling for dharna.
Malappuram:
Out of 7 officers, only 1 officer participated, and 3 not participated as they
are on probation.
Palakkad:
Out of 10, 8 participated and one who not participated is a non-member.
Requested for a meeting at Palakkad
Thrissur:
8 participated and 1 not participated. Members are of opinion that we should go
for agitation.
Chalakudy:
Out of 8, 6 participated by availing 1 day CL and 2 availed 2 days CL.
Audit:
All participated 2 availed 2 day CL and
shared the opinion of members in favour of agitation.
Angamaly
and Aluva : All participated (8)
Kathrukadavu:
4 Units:, EKM, Kakkanad, Audit and DGGI
Out of 45 members, only 3 not participated.( 1 is a non member)
Hqrs:
3 not participated.
Kollam:
Out of 12, 9 participated 3 not participated
Idukky
– Out of 5, 4 participated
TVM: 6
officers attended office
Shri.K.V.Anand
criticized the mode adopted (by availing CL) and shared his apprehension in its
politics. Shri.C.J. Thomas criticised the persons who opposed the strike and
urged all to be prepared for strike. Shri.Ramaswamy commended that the members
are participated not on the basis of politics. GS stated that there was a lack
of campaigning since the communication from Confederation came only on
27.12.2018 and could not convene a CEC meeting.Though our association had
informed the Confederation that we were ready fr strike, the confederation decided that only
dharna in support of the strike be comducted. GS clarified that there was no
political colour for the strike. It was not the first time that employees are
going on strike along with Trade Unions and the strike was always against the
then government irrespective of the party in power. Our participation was on
one hand a stock taking and on the other it conveyed our strength to the Board
as we fore see need for agitation in the ensuing cadre restructuring. Shri.
Padmakumar opined that if proper communication was there, participation would
have been better. Shri.Asok Narayanan commended that attendance in CEC has a
direct link to weakness in Association activities in the units. The leadership
should concentrate on those units that are not functioning. Association needs
to be proactive and our priority should be to achieve career prospects leaving
apart politics. Shri. Biju J Mathew opined that the AGB should be for one day
only and the house unanimously rejected the suggestion.
A
panel of officer bearers proposed by Shri.K.P.Manoj and seconded by
Shri.Vinodkumar was presented before the
house by Shri. P.N.Subash, Electoral Officer. House unanimously approved the
panel and declared elected.
President
: Shri.Antonio Netticadan
Vice
President: Sh.P.V.Narayanan
Vice
President: Smt. Belinda Rebello
General
Secretary: Shri. Arun Zachariah P.
Secretary
North:Shri.C.J.Thomas
Secretary
Hqrs : Shri. E.Sreedhar
Secretary
Central:Shri.Ranjit Mathew
Secretary
South: Shri.Biju J Mathew
Treasurer
: Shri.C.Padmarajan
CEC Members:
S/Shri.
1. TVM Hqrs (i) Toms
John
2.
(ii) Raju Joseph
3.
TVM
North DVN Roy Jose
4.
TVM
South DVN Rajendran Nair
5.
Kollam B.S.Ajithkumar
6.
Pathanamthitta Radhakrishnan
7.
Alappuzha
8.
Kottayam Ramesh Panicer
9.
TVM
Airport T.Jayaraj
10. ACC, TVM and UB Deepu Divakaran
11. Kochi Hqrs (i) Thara Divakar
12. (ii) Tinus
Mathai
13. EKM DVN Shobitha Bhaskaran
14. Kakkanad DVN L.Jayasree
15. Aluva DVN K.N.Jayaprakash
16. Perumbavoor
17. Idukki DVN Marykutty Chacko
18. Chalakudy DVN C.R.Sajith kumar
19. Thrissur Bjju Jacob
20. CLT Hqrs/DGGI (i) K.V.Anand
21. (ii) Manojkumar
V.
22. Palakkad T.H.Ramakrishnan
23. Malappuram P.K.Shanavaz
24. CLT Rural/Audit K.P.Manoj
25. CLT Urban T.G.Rejith
26. Kannur C.V.Madhavan
27. AP CLT C.Gokuldas
28. ACC CLT K.P.Ramdas
29. Audit Circle, CHN N P Padmakumar
30. CCP Hqrs P.K.Raeev
31. DGGI V.Jayaraj
32. Audit Circle, TVM Sugunan
33. CCP DVN, TVM Chitra C.R.
Special Invitees: 1. Joju Mampilly
2.Vinod kumar
V.V.
The meeting nominated Shri
Joffee Jose as the Auditor
After election, Discussion
continued on 25.01.2019 based on topics of importance
Staff
Shortage
Kollam
Shri. Ramaswamy Kollam Audit
Circle and Kottarakkara Range is facing shortage of Support staff and nobody is
there to close down the office at Kottakara Range. He also suggested that CPU, Kollam should be
bifurcated to 2 units one CPU and the other exclusively for coastal patrolling.
At present there are 2 Supdts. in CPU Kollam, Kollam port is developing and
more ships are coming, some pvt. Bonded warehouses have started functioning
there and as a result the volume of Customs related work increased. Furher,
Kollam Dist. Collector requested Customs Commissioner to form a coastal
security unit at Kollam considering the coastal security. Considering all this
Kollam CPU may be bifurcated to 2 units one Customs Preventive Unit and other
one Customs Port Unit.
President asked is any proposal
has been given to Commissioner (Customs Prev) on the issue. Shri. Ramaswamy
said that no official proposal has been submitted. President directed to prepare a detailed report on
present work load projecting actual requirements with a mention of District Collector’s letter so that we can
submit a formal letter to
Commissioner(Customs Prev.)
Malappuram
Malappuram Dvn. is facing staff
shortage. Out of 3 Superintendent posted there, only one Supdt is available at
present Manjeri and Tirur Ranges having more than 2000 Assessees is difficult
to manage by 1 Supdt. And One Inspector. Need one more Supdt. And Inspector.
There is no Havildar in Division, Manjeri and Tirur Ranges.
President asked to prepare one
letter depicting the shortage of staff and workload and send to the Association. He instructed all units to prepare a detailed
chart of the work load including the
legacy work, GST assesses, issues and staff requirements so that we can present
it before the Chief Commissioner.
Thrissur
Shri. Joju Mampilly opined that
since Inspectors working strength is reduced to 65%, every formation is facing
shortage of Inspectors. Hence Association should take up the issue before the
Admn, and appraise them that the statistical work should be reduced. Requiring large number of reports from field
formations crates pressure on the officers at field level. So Association
should pressurise Admn, to increase the number to Inspectors also.
Shir. Biju Jacob - In audit
Circles, uneven distribution of staff create problems.
Shri.Jossy There is a feeling
that the Superior Officers are thinking that there is no work at Range level.
So we should present the work load before them.
GS remarked that he will prepare a data sheet on the staff strength
workload, legacy, staff requirement etc. and forward to the Units to get the details and based on a consolidated report would
be presented before Admn.
Shri.Ramakrishan remarked that
innumerable number of reports are required from Hqrs and Association should request CC to reduce
the number of reports
Regarding Reports, President
said that GS have given a brief to CC regarding a list of reports available in
State GST backend and not available in our backend. We must approach the Admn
with facts. In the meanwhile GS will hand over the list of reports that can be
generated from the GSTN data to Smt.Thara. We will suggest Chief
Commissioner to retrieve the data from
GSTN data at CC Office level or
Commissionerate level itself.
Shri.Vinod said that All India
data is available in Antarang and our zonal data can be downloaded filter out
the required reports.
Transfer
Policy and List published
President stated and Supdt. Admn said that they have amended the
transfer proforma to choose the station and Commissionerate. Station choice
will be given priority but work choice can be given alongwith Station choice.
Shri.Biju asked whether there will
be transfer for the sake of transfer and President remarked that such an action
is not expected from the present Administration.
TA,
Allowances, Arrears etc.
Shri.Vinaya kumar said that in case of
Shri.Balagopal, PAO rejected the bill for pay arrears after fixation. Transfer
TA claims are remain unsettled even after 2 years. President replied that the issue has been raised in the Grievance
redressal Forum and the Fund exhausted in last October itself . TA bills of
officers of DGGI and DRI were settled by parent Commissionerate and we will
request Admn to settle their TA claim from the fund at Directorate level.
Shri.Anand opined that since SB is
maintained in the parent Commissionerate and DDO who is dealing with salary and
other bills is located there salary, TA claims are settled there. GS made it
clear that for settling TA claims, no SB is necessary and assured that we will
make a request to Chief Commissioner about the situation.
Allowances for
Additional Charge
Shri.
Vinod commended that As per the
Recommendations of 7 the CPC 14 allowances were abolished and introduced one
Additional post allowances with a condition that those who previously availed
one of those 14 allowances are eligible for this Additional post allowance.
Hence the scope is limited for us to get allowance.
Shri.Padmarajan
pointed out that Shri.N.S.Dev, AC got additional charge allowances for holding
charge of PAO. President suggested that
we will collect a report from Shri. Vinod and consult Shri.N.S.Dev and put up a
letter to Administration. We will also
suggest that as far as possible Superintendents may be spared from assigning
charge of AOs.
GST Preventive
Unit at Malappuram
Shri. Sabeesh
Pointed out that there is no GST Preventive unit in Malappuram Division
and e-way bill checking is assigned to Supdt, Tirur Range without any
infrastructure creates problems.
President
clarified that we have already requested Administration that proper
infrastructure to be supplied and will make it a point that without sufficient
infrastructure we won’t do anything.”
4 Batch System in
Kannur Airport
Shri
Manoj said that 3 batch system is now
followed in Kannur Airport and it has to
be changed to 4 batch system.
Shri.Narayanan commended that since there are only 2 flights a day at
present, the issue can be decided after some time. President
commended that looking into future increase in traffic, we may request Commissioner (Customs) for a 4 batch
system.
AO(DDO) Post
AO
(DDO) Posts are vacant in Malappuram, Chalakkudy and Thrissur (Audit).
President assured that we will make a request to CC to post AO(DDO) to all
Divisions with adequate Ministerial staff.
Infrastructure.
Shri.Joju
Mampilly commended that all facilities are centralized and Field formations are not supplied with
adequate infrastructure and fund. The
Fund available is not properly channelized.
Shri.
Ramakrishnan said that in Palakkad also Lift is not working. Members from
almost all units shared their complaints
about infrastructure.
President
assured that we will give a letter of CC/Commr. To redress the issue.
In
the issue of stepping up of pay, GS remarked that we can file a Writ petition
before the High Court if the SLP filed by Board is admitted.
DBF
Members
expressed a view that DBF is to be enhanced to Rs.1 lakhs. Shri.Joju Mampilly
proposed the introduction of a Group Insurance Policy for our members in the
place of DBF and suggested that it can be implemented with the co-operation of
Co-operative Credit Society. Shri.Paul P
George commended that if Association can
collect and give the list and details of
members, and propose the terms, Society is ready to take initiative to
implement the Insurance Scheme. Shri.Sebastian D’Silva endorsed the opinion of
Shri.Joju welcomed introduction of the
Insurance Scheme. Shri.Paul P George commended that in Hyderabad and similar
scheme has been introduced and premium of the policy may change according to
the number of members. GS said that we will create a blogspot and display the
benefits and calculations there.
Development of a blogspot and website is assigned to Shri.Vinayakumar
and Shri. Vinod and President directed to submit a report by 24th
February regarding the possibility of a website. In principle, the General Body agreed to
subscribe to a group insurance with the co-operation of Society and authorised
CEC for further proceedings in the matter.
Shri.
C.J.Thomas remarked that in connection
with DBF, a help desk is to be formed to help the family of deceased members to
get all eligible financial assistance from the Department. President suggested
that local CEC Member and Secretary may take initiative to assist the family of
deceased member.
Meeting
concluded at 12.30
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