News Update

FM reviews CAPEX of CPSEsGovt writes to over 2800 corporates to clear MSME duesGovt carrying out reforms in every sector of economy to prop up growth: PMIgnoring limitation proves costlyInverted duty structure - A Case study (See 'TOG Insight' in promotes four officers as Pr Commissioner of Customs & Central Excise + posts Sameer Pandey as DS in GST Council SecretariatSC cannot be a place for Govts to walk in when they choose, ignoring period of limitation prescribed - Petition dismissed as time barred; costs imposed on State for wasting judicial time - amount to be recovered from officers responsible: SCIs penalty compulsorily attracted on late payment of GST?No mutation of COVID-19 detected in India: Health MinisterCus - Goods re-imported for repair and re-exported - Merely because Assessee could claim duty drawback later on and it may give rise to a revenue neutral situation, it cannot be said that period of one year prescribed in 158/95-Cus is without any meaning: HCST - Payment of mobilization advance is a separate financial transaction within contract for providing of service & so is not to be included in gross taxable value as per Section 67 of Finance Act 1994 - duty demand cannot be raised thereon when there is no allegation of any part of contracted value having evaded taxation: CESTATBSVI introduction a revolutionary step: JavadekarCX - It is settled position in law that an assessee is entitled to interest on delayed disbursal of refund after three months from date of filing of refund claim till date of its realisation: CESTATCus - Drawback - After turning down request for taking test samples, Revenue cannot brush aside report given by an expert Committee simply for the reason that sample was not drawn and referred by Department: CESTATPayment made to a trust formed for the benefit of employees of the company, of which the assessee was a shareholder & whose shares the assessee had sold, does not qualify as expenditure incurred wholly in connection with transfer of asset: HCBogus purchases - only the profit element embedded therein is to be disallowed, rather than the entire quantum of purchases made: ITATSearch assessment is invalid where it is completed even before search operations are conducted or where any material incriminating the assessee has not yet been found: ITATWhere assessee did not claim exemption in respect of one residential property, the assessee can avail such benefit in respect of a second house or plot of land: ITATIndia successfully test-fires cruise missile from Indian Navy’s destroyer INS ChennaiCOVID-19: Global tally goes past FOUR Crore with 11.15 lakh deaths; America has close to 27 lakh active cases against 8 lakh in IndiaCOVID-19 - Almost 80% new cases coming from 10 StatesCountrywide S&T infrastructure facilities to be accessible to industry & startups: GovtPM calls for speedy access to vaccines once readyNew Zealand PM earns second term for managing COVID-19 wellDigital Media - Govt to extend all benefits available to othersGovt not considering any DA for Govt employees: GangwarCBDT issues transfer order of 395 Addl / JCITs on All India basisSBI given nod for sale of electoral bonds for 10 daysEducation CESS - the spoilt fruit
Too little Mr. PC

20 07 2006

While the CBEC Chairman, Mr. VP Singh deserves all praise for the ex gratia of Rs. 5 Lakhs to the families of the excise officers killed in the Mumbai blast, Rs 1 Lakh to the permanently disabled and Rs. 25,000 to the injured Ė these are too small amounts of money to be announced in the name of the Finance Minister of the country. Somebody is permanently disabled due to the madness of some terrorists and you offer him a lakh of rupees! It is demeaning! What is Five lakhs of rupees to a young lady who has just lost her husband?.,

This was a great opportunity for the CBEC to tell its staff that at least in times of tragedy, there is a government to stand with you and offer some solace. With so much of money lying in the welfare fund, the Board should have been a little more liberal. When an IPS officer was killed by naxalites in Bihar, the poor state government apart from an ex gratia of Rs. 10 Lakhs, announced a house for the wife of the officer any where in the country apart from paying her the salary her husband would have got till his actual retirement date. If poor Bihar could do it, the rich CBEC could have done much better, especially when they have so much money in the welfare fund. The CBEC should have extended the gesture to the CBDT also as they donít have a welfare fund.

DDT suggests-

1. The spouse of the dead and seriously injured should be given a job immediately in the department.

2. Give them a pension equal to the last salary drawn by the deceased or seriously disabled Ė with periodical increments.

3. The government should bear the entire educational expenditure of the children till they are employed

4. Provide a free housing accommodation for the next 25 years wherever they want to stay.  

5. If the complicated government rules do not allow all this, use the money from the welfare fund.

6. In any case, cut the red tape and do things fast. Designate a Chief Commissioner in Mumbai to be personally responsible to ensure that the families do get the aid on time.

7. Treat this as a life, not a file.

This is a great opportunity for us to prove that beyond our daily routine nonsense of assumed collection of revenue and producing tons of data, we also CARE.

IT men on strike Ė file your returns early

July 31 is the last day to file your IT return and this year it may not be extended. Donít wait for the last day to file your return; you may not beat the deadline what with the income tax employees threatening to go strike. Their demands:-

1. Dropping the proposal to set up Large Taxpayer Units

2. Drop  the department's decision to outsource income tax forms

3. Clear promotions.

Genuine Demand, May be! The employees plan not to work beyond office hours and not to work on 29th and 30th, which are holidays. Nearly 70% of the assessees file their return in the last week of July, and if employees donít co operate, things can be really bad. Employees should realise that it is no more possible to blackmail the government; hey can as well outsource the job. And government should consider the employee grievance and should not drive them to the point of a strike.

Biometrics for PAN Ė Income Tax invites bids

The Income Tax department uses Permanent Account Number (PAN) to identify its taxpayers and it is also used as a common business number by several departments of the central government. Till date the Income Tax department has issued around 46 million PANs and around 500,000 new PANs are allotted every month.  The interface with PAN applicants is managed by two service providers, viz. M/s National Securities Depository Limited and M/s UTI Technology Services Limited, who operate approximately 2000 front offices for PAN services across the country.

Now they want to use biometric features, such as finger prints, iris or retina images, before allotting PAN to prevent allotment of more than one PAN to any one person. So they arte inviting offers from organizations engaged in the business of providing biometric solutions for identification purposes and having requisite experience

The department wants to ensure that the proposed solution should be cost effective and should not lead to long queues of applicants at the front offices. 

File returns Ė Ahmadabad Commissioner tells dealers

The Commissioner observes that There are large number of dealers who are registered with the Central Excise Department under Rule 9 of the Central Excise Rules, 2002, but it has been noticed that some of these registered dealers are not following the Central Excise Procedures properly as they are not filing the Quarterly Returns regularly or/ and have not filed returns for the last four quarters.,

The Commissioner further clarifies that the registered dealers are further requested to note that they have to file 'NIL' report, even if they do not transect any business during the quarter.

This is advisory as of now but if you donít comply, action as per law will be taken.

TRADE NOTICE NO. 32/2006 - CENVAT NO 4/2006 - Dated : July 4, 2006

Ex gratia - an ex gratia payment is a payment made without the giver recognising any liability or legal obligation.

By the very nature of things no one has a legal right to claim a reward. The scheme itself shows that it is purely an ex-gratia payment subject to guidelines and may be granted on the absolute discretion of the competent authority and cannot be claimed by anyone. - 2004-TIOL-10-SC-REWARD

 This apart, (reward) being ex gratia, no right accrues to any sum as such till it is determined and awarded as a matter of right. - 2003-TIOL-09-SC-REWARD

Until Tomorrow with more DDT

Have a nice day.

Mail your comments to

Sub: Hoping against hope


It would be nothing short of a miracle if the 7 wishes were to turn to horses !!! In any case, thanks are just not sufficient for having given serious thought , purpose and some real hard words to the cause of the family of our officers -- A job on compassionate grounds to the wife/ kin of our officers is a must -- but what followed thereafter in "wish no 1" hopefully only shows the passion of DDT on the subject issue !!! About useless officers in the Department, I think we will take up this matter at a later date --

Thanks to DDT again , even if the bashing could have been tempered -- Treat this as a life, not a file -- Yes !!! for all those who can do the difference, please do show that we 'CARE'

Posted by Suresh Kumar nair
Sub: compensation to mumbai blast victims

If I were the Finance Minister / CBEC Chief I would have answered you suggestions in the following way:

(1) There is already a big pending list of those waiting for jobs on compassionate grounds in the department. We did not care to clear that list so far. Forget about the latest entrants. Moreover we want to downsize the department by not filling up arising vacancies. So how can you ask for jobs to the dependents of deceased employees, especially in the lower cadre? In view of this we are pleased to inform that your suggestion has not been considered.

(2) For giving pension equal to the last drawn salary, the deceased/disabled person should be a direct recruit IRS Officer. How can people from other cadres claim this benefit? Moreover rules do not permit such a thing.

(3) & (4) One either needs to be a politician or a Civil Servant of the type IAS, IPS, IRS, et al, for his family to get a free housing accommodation, etc. Same is the case if the educational expenditure of the children is to be borne by the Government. Further there is no provision by which what you suggested can be done.

(5) Welfare fund is only for the welfare of the top-level officers, their association offices, guesthouses, etc. Lower level employees cannot claim any right over that. Let them apply in the proper format and through the proper channel. If it reaches us, we will consider.

(6) How do you expect a Chief Commissioner to be held personally responsible for the families of some deceased employees not getting aid? It can be only vice-versa. Moreover do you think a Chief Commissioner has no other work excepting looking after the welfare of deceased/disabled employees.

(7) We have considered the cases sympathetically. We definitely treat it as a life, which is not ours. We have already announced some compensation. We feel thatís reasonable. Just of think of those people who do not have even this facility.

With this your application stands disposed.

Manager (Investigation)
Corporation Bank H.O.,

Posted by harish betha