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Misc - Royalty not a tax; royalty is contractual consideration paid by mining lessee to lessor for enjoyment of mineral rights & liability to pay royalty arises out of contractual conditions of mining lease: SC CBMisc - Payments made to Government cannot be deemed to be a tax merely because statute provides for their recovery as arrears: SC CBMisc - Since power to tax mineral rights is provided for in Entry 50 of List II, Parliament cannot use its residuary powers in this subject matter: SC CBCus - Owner of goods has a liability to pay customs duty even after confiscated goods are redeemed on payment of fine - Interest follows: SCI-T- Demand notice issued mechanically merits being quashed, where passed in ignorance of assessment order giving clean chit to assessee: HCIndia discovers Lithium Resources in Mandya and Yadgiri districts of KarnatakaI-T- No disallowance under section 36(1)(iii) can be made if funds are available with the assessee, which are sufficient to meet the investment: ITATIndia's installed Nuclear Power Capacity to triple by 2031-32: MoSI-T- Penalty rightly quashed where assessment order proposing penalty is itself quashed: ITATGoyal sets USD 50 bn target for footwear industry to achieve by 2030I-T- Where public trust claims deduction under Chapter VIA & due to absence of separate provision in ITR for Section 80GGA at time of filing it, then claim being clubbed u/s 80G is valid: ITATIndian-origin German citizen nabbed with 6 kg of cocaine at IGI AirportIndia to remain steadfast in commitment to nurturing adolescents' talents: Health SecyAI-based SearchGPT to compete with Google: OpenAII-T- Assessee's acceptance of the cash in the form of SBNs, assessee being an Urban Cooperative Bank, which is not being covered by the RBI Circular, cannot be considered as unexplained for addition U/s. 68 of the Act: ITATDelhi liquor scam: United Spirits CEO summonedVAT - burden of proof lies with Department to verify & approve refunds to ultimate taxpayers: HCBiden to attend QUAD meeting to be held in New Delhi this yearST - Appellant is entitled to avail CENVAT Credit on re-insurance of motor vehicles and credit availed by it during relevant period from April, 2011 to March, 2012 on this score were all admissible credit: CESTATChinese youth furious over appeal to raise retirement ageST - As there is no positive act established against appellant with regard to suppression of facts, the period being transitional period, invocation of extended period was set aside: CESTATUS & allies allege North Korean hackers of stealing military secretsCus - Assessee-company is not liable to pay interest on deferential Customs duty arising out of the final assessment of bills of entry: CESTATMexican drug lords arrested in USCX - Cenvat credit of input services as per Rule 6(5) of CCR 2004, is allowed, even if such services are partly used for exempted businesses: CESTATNew Income tax Code to be developed internally by CBDT, says Revenue SecretaryCus - Department has not established any positive act on the part of appellant in regard to suppression of facts with intent to evade Customs duty, no grounds found for invocation of extended period, demand of CVD along with interest and imposition of penalties cannot sustain: CESTATKejriwal to remain in judicial custody till Aug 8CX - Refund of pre-deposit is governed by Section 35FF of Central Excise Act, 1944 and rate of interest is governed by statutory provisions and notifications issued in this regard, appellants are entitled for payment of interest as per provisions of Section 35FF and at the rate prescribed therein: CESTAT
 
Reinventing CBEC in the times of GST

JUNE 28, 2016

By Neeraj Prasad

IN these uncertain times, the whole country is eagerly awaiting the roll out of GST which indeed would be a huge leap of faith and expectation from the present noodle bowl tangle of indirect tax administration. However, within the folds of CBEC there is a sense of disquiet and foreboding about what the future portends. GST has the promise to be a game changer for the country and there is no doubt about that. What will be the eventual role of the department will eventually be determined by the powers that be. One thing is certain, the GST proposed in the 122 nd Constitutional Amendment Bill envisages a win-win situation for both centre and the state. But is this reassurance enough to prepare for the momentous change - Certainly no!! There is an urgency like never before to reinvent CBEC.

The faceless majority of officials have to live with the daily ignominy of being considered capable of not much until and unless micro-managed and still worse being branded as corrupt. This scenario makes the typical functionary a very fearful and thoroughly de-motivated person. These officials, who would like to quietly and resolutely go about discharging their official responsibility, would quite easily identify themselves with the character of Vernon in the book Vernon God Little (2003) by DBC Pierre: Vernon is considered responsible by default for the killings carried out by his friend Jesus Navarro who later commits suicide. Fearing death penalty, Vernon goes on the run to Mexico. The Mexico of this majority of officials is a state of inaction or functional paralysis, an outcome more as a result of deficient institutions, which does not allow an enabling environment to contribute. There has to be a concerted attempt to address this problem.

OECD in its annual tax administration surveys, points out the questions which are relevant from the point of view of having an effective Human Resource Management strategy which are as follows: Does the tax administration periodically survey staff on their attitudes, perceptions and workplace satisfaction?, Does it assess staff engagement and motivation?, Are the results of any such surveys and assessments shared with staff?, Are staff consulted in developing and implementing actions plans in response to such survey and assessment findings?

Organisational Climate Survey (OCS) which also stands recommended by TARC report (vol. 1), has been adopted by tax administration of many developed economies to address the human resources issues raised by OECD. “Organizational Climate” is defined as people's perceptions of the environment in which they work. The concept of Organisational Climate Survey was first propounded by George H. Lotwin and Robert A. Strainger Jr., in their seminal work: Motivation & Organisational Climate (Harvard Business School Press, 1968).

Singapore Inland Revenue Authority (IRAS) conducts such an exercise. The biennial Organisational Climate Survey (OCS) is one of the key channels for staff to provide feedback on IRAS development and initiatives, and helps in identifying the areas of improvement which would make working in IRAS more rewarding and meaningful for staff. The Internal Revenue Service of USA also comes with periodic efforts such as the Report titled: IRS Workforce of Tomorrow .The focus of this report is aimed to create a culture in which every employee is valued and empowered to contribute to his/her own success and the success of the organisation. Having a periodic OCS framework in place should be an urgent imperative for the CBEC.

Simultaneously, CBEC also needs to undertake a thorough diagnostic of its tax and customs function, a process owned and monitored by it . The framework which can be used for this purpose is Tax Administration Diagnostic Assessment Tool (TADAT) developed by IMF. It is an integrated monitoring framework that measures performance of a country's tax administration at a point in time. It is designed to provide objective and consistent assessments of the outcome performance across the essential tax administration functions. The tool addresses questions of “what” and “why” with respect to performance. TADAT assessment provides country authorities with a better understanding of the health of the system of tax administration, the extent of reform required, the relative priorities for attention, and the basis on which to develop plans for future reform initiatives. Similarly for customs, the framework developed by the World Customs Organization (WCO) for customs reform and modernization should be used to meet internal goals and international commitments made under the Trade facilitation agreement (WTO). This Customs reform should also focus on creation of capabilities and institutions. Very recently, Minister of Commerce (GOI) talked about creation of an organization on the lines of International Trade Commission (USA), CBEC can also have similar such institutions, integrating and enhancing its capacity across the entire gamut of International trade policy making and administration.

The eventual purpose of all this exercise should be to come up with a strategic action plan of the CBEC. This Strategic plan would be the CBEC guide for deployment of resources and provide focus on key activities and measurements of achievement in attaining the vision or future state of the organization. A strategic plan is a tool that helps management do a better job, as it assists in establishing the key linkage between core values, the principles of tax policy, and the tax administration, by anticipating challenges, developing appropriate responses, and effectively utilizing strengths to achieve improvements. The strategic plan helps to focus the entire tax administration's resources and efforts and guides all parts of the tax administration towards the same goals. The end product of the strategic planning process is a collaborative set of decisions on the objectives or goals about what to do, a justification for why do it, and, through a series of actions and projects, an approach on how to do it.

To undertake all of this gargantuan effort, CBEC certainly would have to take the assistance of outside agencies/experts. Keeping in view the planned roll out of GST from 1 st April 2017, it would be great if the strategic action plan of CBEC is issued before that, being available to all its officers & would go a long way in giving them a sense of assurance and renewed purpose.

(The author is Additional Commissioner, Delhi Customs (Preventive) and the views expressed are strictly personal.)

(DISCLAIMER : The views expressed are strictly of the author and Taxindiaonline.com doesn't necessarily subscribe to the same. Taxindiaonline.com Pvt. Ltd. is not responsible or liable for any loss or damage caused to anyone due to any interpretation, error, omission in the articles being hosted on the sites)

 RECENT DISCUSSION(S) POST YOUR COMMENTS
   
 
Sub: No need of another report for deployment of staff


I totally agree with the author that the officers in CBEC are demotivated lot for the reasons recorded. But at the same time, I totally disagree that a fresh study using external agencies need to be undertaken. I feel it is further wasteful exercise, as our department has not taken note of such earlier reports seriously and made attempts to motivate the officers. In this regards the recent DRISHTI, TARC are no exception. No purpose will be served unless it is implemented in letter and spirit. The norms prescribed have never been adhered to. No action whatsoever initiated on any one for not sticking on to such norms prescribed. All such reports are lying in paper only. No one cares to implement them. When this is the attitude, there is no sense in getting another report.
Similarly department has not provided basic facilities to its working members. The basic tools such as computers, internet facility, or manuals, tariffs have not been provided to all the field formations. Even when requests for such working tools are made, the same have not been attended to. The ACES, intended to be for total automation has remained ineffective inspite of bundles of recommendations and suggestions. Same is the problems faced in customs wing. In respect of service tax, less said the better. There is no proper working atmosphere provided. But whenever anything goes wrong, only the lowest rung of the officers are held responsible and treated as culprits. In such a situation, I don't find the necessity of another report. Let us first get together to reform ourselves internally. Instead of talking, let us start doing good things at all levels to bring a change in the department. There is immediate need to work as an integrated family, forgetting the colonial hangovers.
Further I proudly add that our senior officers are capable and are in a better position to understand and deploy the staff in GST regime. But there is requirement of initiating such step from the top. It is not difficult, but requires resolute efforts by all sections of the department. We can do it ourselves, I am confident. Let us not waste money on another futile report about our deployment.
M G Kodandaram,Superintendent NACEN,Bangalore

Posted by madihally kodandaram
 

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