TIOL-DDT 2222
01.11.2013
Friday

IN a landmark judgement delivered yesterday in a writ petition filed by former Cabinet Secretary TSR Subramanian and some eminent retired civil servants highlighting the necessity of various reforms for preservation of integrity, fearlessness and independence of civil servants at the Centre and State levels in the country, the Supreme Court directed the Centre and the States to constitute a Civil Services Board and to provide for a fixed tenure for the babus.

The Supreme Court observed,

"Civil servants have to function in accordance with the Constitution and the laws made by the Parliament. In the present political scenario, the role of civil servants has become very complex and onerous. Often they have to take decisions, which will have far reaching consequences in the economic and technological fields. Their decisions must be transparent and must be in public interest. They should be fully accountable to the community they serve.

Civil Services Board: CSB, consisting of high ranking in service officers, who are experts in their respective fields, with the Cabinet Secretary at the Centre and Chief Secretary at the State level, could be a better alternative (till the Parliament enacts a law), to guide and advise the State Government on all service matters, especially on transfers, postings and disciplinary action, etc., though their views also could be overruled, by the political executive, but by recording reasons, which would ensure good governance, transparency and accountability in governmental functions. Parliament can also under Article 309 of the Constitution enact a Civil Service Act, setting up a CSB, which can guide and advice the political executive transfer and postings, disciplinary action, etc. CSB consisting of experts in various fields like administration, management, science, technology, could bring in more professionalism, expertise and efficiency in governmental functioning."

The Supreme Court directed the Centre, State Governments and the Union Territories to constitute such Boards with high ranking serving officers, who are specialists in their respective fields, within a period of three months, if not already constituted, till the Parliament brings in a proper legislation in setting up CSB.

Minimum Tenure: The Supreme Court noticed that, at present the civil servants are not having stability of tenure, particularly in the State Governments where transfers and postings are made frequently, at the whims and fancies of the executive head for political and other considerations and not in public interest. The necessity of minimum tenure has been endorsed and implemented by the Union Government. Fixed minimum tenure would not only enable the civil servants to achieve their professional targets, but also help them to function as effective instruments of public policy. Repeated shuffling/transfer of the officers is deleterious to good governance. Minimum assured service tenure ensures efficient service delivery and also increased efficiency. They can also prioritize various social and economic measures intended to implement for the poor and marginalized sections of the society.

The Supreme Court directed the Union State Governments and Union Territories to issue appropriate directions to secure providing of minimum tenure of service to various civil servants, within a period of three months.

Oral Orders/instructions: The Supreme Court is of the view that the civil servants cannot function on the basis of verbal or oral instructions, orders, suggestions, proposals, etc. and they must also be protected against wrongful and arbitrary pressure exerted by the administrative superiors, political executive, business and other vested interests. Further, civil servants shall also not have any vested interests. Resultantly, there must be some records to demonstrate how the civil servant has acted, if the decision is not his, but if he is acting on the oral directions, instructions, he should record such directions in the file. If the civil servant is acting on oral directions or dictation of anybody, he will be taking a risk, because he cannot later take up the stand, the decision was in fact not his own. Recording of instructions, directions is, therefore, necessary for fixing responsibility and ensure accountability in the functioning of civil servants and to uphold institutional integrity.

By acting on oral directions, not recording the same, the rights guaranteed to the citizens under the Right to Information Act, could be defeated. The practice of giving oral directions/instructions by the administrative superiors, political executive etc. would defeat the object and purpose of RTI Act and would give room for favoritism and corruption.

The Supreme Court directed all the State Governments and Union Territories to issue directions like Rule 3(3) of the All India Services (Conduct) Rules, 1968, in their respective States and Union Territories which will be carried out within three months.

Last week a Superintendent of Police in Andhra Pradesh challenged his transfer before the CAT on the ground that he should have a tenure of two years.

Will the Supreme Court judgement reinforce the Steel Frame?

See 2013-TIOL-59-SC-SERVICE

Please also see India's 'Steel Frame' reduced to 'Fragile Frame'!

DDT is 2222!

FROM DDT 1 to DDT 2222, it has been a long tortuous journey, gathering friends, foes, supporters and critics - all through the way. Only a few colleagues and I know the agony that precedes each DDT that reaches you, but at the end of 2222, each sleepless night was eminently worth the trouble.

DDT thanks all its patrons and the Government who made this possible.

Customs -Anti Dope Agency added

AS per Notification No. 146/94-Customs, dated the 13th July, 1994, Anti-doping and dope testing related equipment imported by “ National Dope Testing Laboratory "are exempted. Now the Government has added the imports by “National Anti-Doping Agency" to the exemption.

Notification No. 48/2013-Cus., Dated: October 30, 2013

Tariff Values of Gold marginally Decreased -Other Items see big changes

THE Government has decreased the Tariff values of Gold from 442 USD to 440 USD per 10 gms with effect from yesterday. The tariff value for silver has been hiked from 699 to 738 USD. Other items except poppy seeds and areca nuts have new tariff values.

It was only two days ago that Government changed the tariff value of gold.

Tariff values as on 29.10.2013 and with effect from 31.10.2013 are as under:

Table 1

Table 2

Table 3

Notification No. 107/2013-Cus (NT), Dated: October 31, 2013

DDT Cartoon

Jurisprudentiol – Monday's cases

Service Tax

Appellant employing personnel belonging to parent company - 75% salary paid by group company in Germany and thereafter debit notes raised on appellant - method of disbursement of salary cannot determine nature of transaction - it is not Manpower Supply - Appeals allowed: CESTAT

THE appellant employed personnel belonging to their group company in Germany for a specific period. During this period, the appellant entered into agreements with the personnel for their employment. Since the personnel employed were foreign nationals, about 25% of the salary was paid in India in Indian currency and the balance 75% was paid by the group company in Germany to the credit of accounts of the personnel employed and thereafter, debit notes were raised on the appellant by the foreign entity towards reimbursement of the salary paid in Germany. For the income earned in India by the personnel, the appellant also discharged the Income Tax liability showing the personnel employed as their own employee.

The Central Excise department was of the view that the transaction involved comes within the purview of ‘Manpower Supply or Recruitment Agency services' and for the amount remitted to the German entity for payment of salary to the personnel employed in India, a show-cause notice was issued demanding Service Tax thereon.

Income Tax

Whether a notice for reassessment once issued and accepted voluntarily, can later be challenged on technical ground - NO: HC

ASSESSEE is a Company engaged in the manufacturing and sale of Pan Masala. During assessment, it was informed by the Central Excise Authority that search and seizure operation was conducted by them at the business premises of the assessee and its sister concern, during which, books of accounts and other relevant documents were impounded. On the basis of incriminating material, it appears that there was a suppression of production and clandestine/ unaccounted sale. Thus, AO had issued notice u/s 148, which was duly served on the assessee. The assessment order was passed u/s 143(3)/147, where various additions were made. The issues before the Bench are - Whether a notice for reassessment once issued and accepted voluntarily, can later be challenged on technical ground; Whether in case assessee itself is guilty of misstating facts, relief under constitutional remedy can be granted; Whether participation by assessee is sufficient for accepting the validity of a notice served and Whether a technical mistake would render any proceeding invalid per se. And the verdict goes in favour of the Revenue.

Central Excise

Entire case of Department against Respondent relies upon the evidence with regard to fictitious nature of transactions of M/s. Pasondia Steel regarding the supply of CR Sheets by showing their bogus productions and bogus sale - however this evidence is of no relevance to present case where claim of respondent is they have purchased HR Coils - no infirmity in order -Revenue appeal dismissed: CESTAT

THE respondents are manufacturers of Dense Phase Pneumatic Conveyor System, and the inputs being used by them are HR Coils, MS Plates, MS Channel, MS Angles etc. on which they availed CENVAT credit.The dispute in this case is in respect of HR Coils which according to the respondent, were purchased by them during the period from 27.04.2004 to 04.11.2005 from two registered dealers M/s. Rishav Trading Co. and M/s. Bansal Structural.

See our Columns Monday for the judgements

Until Monday with more DDT

Have a Nice weekend.

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