minutes of m - home | income tax gazetted ... of manali mcm.doc · web viewminutes of m. c. m of...

63
Minutes of ITGOA - MCM held at Manali MINUTES OF M. C. M OF ITGOA HELD ON 28 th & 29 th July, 2011 at Manali The meeting was chaired by Shri B. Shanthi Kumar, President and was attended by 64 delegates from all Units of ITGOA except Bihar, Nagpur, Pune & T.N. Out of the Office bearers of CHQ, S/Shri Rajiv Puri (V.P.), V.M. Jayadevan (J.S.), Baswanand (A.S.), K.K. Nath (EZ Sec.), Sunil Kumar (WZ Sec.) and B. Sagadevan (SZ Sec.) were not present. Before business session, all delegates observed 2 minute silence as a mark of respect to Smt. Thankamani Raju, PS and Committee Member of ITGOA-Mumbai who left for her heavenly abode today i.e. 28 th July, 2011 and for all the departed souls from the last MCM to till date. 2. President’s welcome President, on behalf of the CHQ of ITGOA, then welcomed all 64 delegates to the MC Meeting and after a brief introduction of the members present for the MCM, the President, then asked Shri Rajesh Menon, Secretary General, to appraise the house about the status of various issues and developments, post Khajuraho MCM. 3. Secretary General, then spoke, as under: All members of ITGOA was complimented on their excellent performance in the F.Y. 2010-11 i.e. Achieving the budget target by collecting K 4,46,070 Crores, which was 56% of the total revenue and an increase of K 68,007 Crores from the last years collection. Thereafter wishing all the delegates, the very best in the current F.Y. 2011-12, following account of the developments post Khajuraho MCM and status on various issues concerning the members of ITGOA, was expounded for a critical analysis: i. Promotion to the grade of JCIT Page 1 of 63

Upload: hoanghanh

Post on 16-Apr-2018

215 views

Category:

Documents


2 download

TRANSCRIPT

Page 1: MINUTES OF M - Home | INCOME TAX GAZETTED ... of Manali MCM.doc · Web viewMINUTES OF M. C. M OF ITGOA HELD ON 28th & 29th July, 2011 at Manali The meeting was chaired by Shri B

Minutes of ITGOA - MCM held at Manali

MINUTES OF M. C. M OF ITGOA HELD ON 28 th & 29 th July, 2011 at Manali

The meeting was chaired by Shri B. Shanthi Kumar, President and was attended by 64 delegates from all Units of ITGOA except Bihar, Nagpur, Pune & T.N. Out of the Office bearers of CHQ, S/Shri Rajiv Puri (V.P.), V.M. Jayadevan (J.S.), Baswanand (A.S.), K.K. Nath (EZ Sec.), Sunil Kumar (WZ Sec.) and B. Sagadevan (SZ Sec.) were not present. Before business session, all delegates observed 2 minute silence as a mark of respect to Smt. Thankamani Raju, PS and Committee Member of ITGOA-Mumbai who left for her heavenly abode today i.e. 28th July, 2011 and for all the departed souls from the last MCM to till date.

2. President’s welcome President, on behalf of the CHQ of ITGOA, then welcomed all 64 delegates to the MC Meeting and after a brief introduction of the members present for the MCM, the President, then asked Shri Rajesh Menon, Secretary General, to appraise the house about the status of various issues and developments, post Khajuraho MCM.

3. Secretary General, then spoke, as under:All members of ITGOA was complimented on their excellent performance in the F.Y. 2010-11 i.e. Achieving the budget target by collecting K 4,46,070 Crores, which was 56% of the total revenue and an increase of K 68,007 Crores from the last years collection. Thereafter wishing all the delegates, the very best in the current F.Y. 2011-12, following account of the developments post Khajuraho MCM and status on various issues concerning the members of ITGOA, was expounded for a critical analysis:

i. Promotion to the grade of JCITDespite all out efforts of the 15 litigating DRs of 2002 & 2003 batch, 295 DCITs were promoted as JCIT on Ad-hoc basis on 30-3-2011. M.A. filed by the said DRs praying for stay on Ad-hoc promotion was heard by Hon’ble Delhi H.C. on 28-3-2011, but without granting any stay. The matter was then followed-up in such a way with Board that the promotion order was issued within a matter of two days, even though the Hon’ble MOS & FM was not in station. Further details relating the litigation would be explained by the Treasurer, Shri Anantharaman Iyer.

ii. Draft Civil ListThe issue with regard to Draft Civil List of IRS-2011 (as on 01-01-2011) with all seniority rules, as stated by the CBDT in its affidavit and other submissions filed before the Hon’ble Delhi High Court, was duly highlighted in the JCA meeting with Chairman-CBDT held on 19-4 & 20-7-2011 and it has been assured that the Civil List will be finalized only after the final orders/judgement of the High Court.

Page 1 of 38

Page 2: MINUTES OF M - Home | INCOME TAX GAZETTED ... of Manali MCM.doc · Web viewMINUTES OF M. C. M OF ITGOA HELD ON 28th & 29th July, 2011 at Manali The meeting was chaired by Shri B

Minutes of ITGOA - MCM held at Manali

iii. Promotion to the cadre of ACITThese promotions have got entangled in the web of litigation, firstly the OA filed by ITSEWA in Mumbai CAT, on the ‘Own Merit’ issue and then the OA filed by Shri J.B. Singh in the Lucknow CAT against the All India Seniority List of ITOs. The hearing in Mumbai CAT is complete and the judgement is reserved, but in the meanwhile it is learnt that in another case, the relevant DOPT OM dtd 10-8-2010 has been quashed by Hon’ble Punjab & Haryana High Court and Shri Satish Bhalla, GS of NWR Unit has assured that as soon as this order is issued by the High Court, the same will be sent to CHQ & Mumbai Unit, for further necessary action. As regards, the OA in Lucknow CAT would be detailed by Shri R.S. Meel, Addl. Sec. Meanwhile, due to persistent follow-up by ITGOA, Board has agreed to proceed with Ad-hoc promotion of ITO to ACIT and the concerned file has already been sent to the Hon’ble FM.

iv. Matters concerning Admn. Officers – Gr. III & PSNothing much has been achieved on the pending issues w.r.t AO & PS/Sr PS. Neither the demand of higher Grade Pay, nor granting of Laptops out of 1% incentive, has been clinched, despite the follow-up at all forums. But, now the Order issued by postal department granting GP of 5400 to its Sr PS after 4 years along with 1 increment, has been given to Board/HRD for a similar dispensation for Sr PS of our Department. But, as the posts of AO/PS are there in all Govt. Depts., we will have to wait for Dept. of Expenditure’s approval for all AO/PS in entire Govt. Service. However, the Cadre Review proposals have in a way solved this anomaly by ensuring grade elevation for all the AO-III/PS. Board has agreed in principle, to issue Laptops to AO & PS.

v. Correct Seniority for DCITs ( S.K. Shukla)

Hon’ble Supreme Court has dismissed Board’s SLPs in the case of Subhash Sahni & Pradeep Kumar Singh, wherein the CAT (PB) had directed the CBDT to give Sr. Scale i.e. DCIT promotion, w.e.f one year before to Promotee ACITs of a particular year, who are bunched at the bottom of that batch. These orders have been uploaded in the ITGOA’s website. The Administration has finally agreed to consider our demand to give a uniform effect to the SK Shukla judgement.

vi. 1% incremental incentive

Utilisation of 1% incremental incentive was decided by the committee wherein our President and K.K.N.Kutty, then Secretary General of ITEF were also members. Some of the suggestions like mobile phone connection to all staff & officers, data card for all officers with laptops have been operationalised. Action for Air-conditioning of all the office buildings has been started. Board’s proposal for 3 more operational vehicles per Range is pending clearance from Dept. of Expenditure.

Page 2 of 38

Page 3: MINUTES OF M - Home | INCOME TAX GAZETTED ... of Manali MCM.doc · Web viewMINUTES OF M. C. M OF ITGOA HELD ON 28th & 29th July, 2011 at Manali The meeting was chaired by Shri B

Minutes of ITGOA - MCM held at Manali

vii. Cadre Restructuring / Review

After getting the clearance of Dept. of Expenditure, the proposals went to DOPT, from

where quite a few queries were raised which have all, been replied to by the CBDT.

Further, it has been offered to the DOPT that for any more queries, CBDT will depute

officials to clarify all doubts/queries.

The next course in this regard would be that the proposals with DOPT clearance will be

sent to the Cabinet Secretary through RS, MOS & FM. Then the proposals will be placed

before the Union Cabinet and after getting the final approval, it will come to back to

CBDT, which will constitute an implementation committee in which all service

association will be duly associated and a decision on whether the cadre review will be

implemented in one go or in phases will be decided at a later stage, after evaluating the

availability of eligible officials for promotion. Similarly, the decision as to whether all

additional posts are to be filled up by promotion only by relaxation of recruitment rules

will also be taken later. Here, the ongoing litigation w.r.t relative seniority between DR

& PR arising from the last cadre restructuring of 2001, will also have to be considered. In

any case this time, the number of new posts in the grade of ACIT has been worked out

both on the basis of functional need and also level of stagnation of ITOs. There seems to

be some confusion w.r.t the reserves numbering 720 in Group ‘A’. This reserve does not

mean that an intermediate grade between ITO & ACIT is being created. In fact, the

reserves which was in existence up to 2002 and which was lost thereafter, was to

compensate for 2 batches in NADT at any given time, deputation, study & other long

leave, etc & final effect of this reserve would be in the lowest grade of Gr. ‘A’ i.e. ACIT.

viii. All India Transfer

For the first time, AGT was affected in the month of March 2011 and almost all officers

who have completed 2 years cooling-off period have been transferred back to their place

of origin. For this ITGOA would place on record its satisfaction and appreciation for the

efforts/achievement of the then Chairman - CBDT viz. Shri Sudhir Chandra.

However, there are still some ACITs from Gujarat (eg. YS Meena), Mumbai (eg. Shivaji

B Ghode), West Bengal (eg. Quazi Kaushik, Raja Sengupta), whose requests with respect

to posting has not been considered. Similarly, in the case of JCIT also, there are few

officers (eg. Rakesh Agrawal, Rajan Bahadur, YP Verma, Arun Shenoy, Raj Mehra, T.H.

Jana, Ajit Khan, Partho Datta, Timir Chakraborty, etc) whose requests have not been

considered. All these cases are being followed up with the Board.

Page 3 of 38

Page 4: MINUTES OF M - Home | INCOME TAX GAZETTED ... of Manali MCM.doc · Web viewMINUTES OF M. C. M OF ITGOA HELD ON 28th & 29th July, 2011 at Manali The meeting was chaired by Shri B

Minutes of ITGOA - MCM held at Manali

ix. Relation with ITEF, our partner in JCA

Although, the significance of JCA needs no overemphasis, in the last 3 to 4 times, it was seen that ITEF was unilaterally withdrawing from the agitation without getting even assurance from the Board and this was causing untold consternation amongst our general members and this was the main reason why majority of Units of ITGOA backed-out from the Strike of September 2010, which was called for by Confederation of C.G. Employees, that too at the behest of some political party, against price-rise etc.

It was the responsibility of each member of ITGOA to put in their mite in building a strong JCA and in this direction every local JCA must exert necessary pressure on the CHQ of both ITEF & ITGOA, to sink their differences and once again stand as a united force. For this, we will have to first define our ideas and terms of interaction with modes of agitation to be adopted.

x. New office bearers of different Units-ITGOA

Consequent to elections and transfer of officers, new team and/or office bearers have taken-over in different units. Some of the new faces, who were present for this MCM were as under :Gujarat Unit - Krishnakumar-GS, Mahesh Parwani-JSKarnataka & Goa Unit - Narayan Sarma-JS/TreasurerMumbai Unit - K.D. Pawar-PresidentOrissa Unit - R.N. Mohanty-President, Manmohan-JSU.P.(E) Unit - President, J.B.Singh-GSU.P.(W) Unit - M.K. Shrivastava-President, Vinay-JSW. B. Unit - Tanuj Neogi-President, Sayantan Bannerjee-JS

3.1 Shri Anantharaman N.V. Iyer, Treasurer spoke as under on the litigation relating to the fixation of seniority between PR & DR :

In the Khajuraho MCM, it was explained in detail about the genesis of litigation started

by some DRs (5 of 2002 & 10 of 2003), on the fixation of relative seniority with PRs and

claiming seniority over some PRs of 2000 & all PRs of 2001, with the OA No. 1052 of

2010 and the Ld. CAT (PB)’s Order dated 02-11-2010 directing CBDT to publish

Seniority List of IRS Officers and till then interdicting the Board from giving effect to the

DPC for JCIT that concluded on 22-8-2010 & also about the Writ Petition filed by

CBDT, ITGOA & some DRs of 2000 & 2001.

Page 4 of 38

Page 5: MINUTES OF M - Home | INCOME TAX GAZETTED ... of Manali MCM.doc · Web viewMINUTES OF M. C. M OF ITGOA HELD ON 28th & 29th July, 2011 at Manali The meeting was chaired by Shri B

Minutes of ITGOA - MCM held at Manali

The only development thereafter was conclusion of hearing in the Hon’ble H.C. on the 3 WPs and Orders reserved on 3-3-2011 and the filing of 2 Misc. Applications by the said DRs. The first one was for restraining the CBDT from granting Ad-hoc promotion and the second one was for furnishing the notings from files of HRD wherein some officers have opined that Civil List is not strictly on the principles of 1:1 between PR & DR as provided for in Rule 9(iii) of IRS Rules 1988.

Hon’ble HC did not grant any stay & then Ad-hoc promotion to the grade of JCIT was effected on 30-3-2011. The first M.A. was dismissed as infructuous and in answer to the second M.A., CBDT has filed an affidavit stating that the notings from the files of HRD are mere opinions of individual officers and the stand of the Dept./Govt. is in consonance of the Writ Petitions, Submissions, Affidavit & Rejoinder, filed in the High Court in the course of hearing.

ITGOA filed another M.A. along with notings from the files of CBDT-Ad.VI wherein authorization of competent authority in Board is there for submissions & affidavit filed in High Court and the sanction of Revenue Secretary is there for filing CBDT’s Writ Petition. Further, correct state as per HRD notings and dissimilarity in HRD’s stand w.r.t bunching i.e. honouring principle of bunching the excess DR of a particular year at the bottom of that year, but dis-regarding the same bunching principle for excess PRs at the bottom of respective year in the name of recommendations of Khan Committee report, has also been brought in this M.A. With all these the attempt of confuse has been thwarted and the Hon’ble Court has disposed off the second M.A. as heard and the judgment is reserved. All the MAs & CBDT’s reply have been uploaded in our website.

3.2 Shri Raj Singh Meel, Additional Secretary and Chairman of the Committee that finalized All India Seniority List of ITOs, spoke as under, on the subject:

All India Seniority List of ITO has been finalized after a lot of hard work, first by the committee under S.K.Gupta with S/Shri Mustafa, Seshadri, J.B.Singh as members, which after considering different suggestions for determining seniority of ITOs across 18 different regions promoted on the same day i.e. 18-6-2001, zeroed in on the suggestion that the All India Seniority of ITOs be based on the length of service in immediately lower grade (Inspector) without disturbing the already determined inter-se seniority of every region. For this, the formula of Deemed Date of Joining as Inspector was adopted. The Seniority List prepared on that formula was discussed in around 4 MC Meetings, starting from the one held in Ahmedabad on 16th & 17th June, 2007 in which the Committee under myself with S/Shri Arvind Trivedi (UP-W), B.A.Dave (Gujarat), K.R.Narayana (Ktk) Subrato (WB) as members was constituted mainly to resolve the objections to the list based on the factual inputs and not on the concept or formula on which the seniority was to be determined.

Page 5 of 38

Page 6: MINUTES OF M - Home | INCOME TAX GAZETTED ... of Manali MCM.doc · Web viewMINUTES OF M. C. M OF ITGOA HELD ON 28th & 29th July, 2011 at Manali The meeting was chaired by Shri B

Minutes of ITGOA - MCM held at Manali

In the deliberations of the second committee, members from Mumbai Unit had put-forth

an idea to finalise the All India Seniority List based on an entirely new formula i.e. All

India Rank given by the Staff Selection Commission at the time recruiting the Inspectors.

Although, this suggestion was beyond the term of reference of the committee, still the

same was discussed in all fairness, only because of the felt-need to be all inclusive &

reduce the conflict to the maximum. But, it was realized that the All India Ranking was

available for only 1/2 years & S.S.C had expressed inability to provide the same in reply

to an RTI application.

Thereafter, Shri J.B. Singh started insisting for adoption of All India Ranking of S.S.C as

the basis for finalizing the All India Seniority List of ITOs in successive MC Meetings,

but himself could not provide the All India Ranking for the required years. Hence the All

India Seniority List was finalized on the basis of length of service in the feeder cadre i.e.

Inspector and also maintaining the already established seniority within a region, with the

formula of deemed date of joining as Inspector i.e. the date of joining of the junior most

Inspector of a year and this was to be adopted for all those who had a date later than this

deemed date.

The second committee duly considered all those officers who had retired or left service in

the intervening period, by using the authenticated data from each CCIT (CCA) region.

The seniority list, so compiled was first circulated to all Units and after incorporating all

valid objections, the final list was submitted to Board and the same was scrutinized by the

Ad. VI section of CBDT.

In the O.A. filed by Shri J.B. Singh, the above All India Seniority List of ITOs has been

challenged on the ground that All India Rank allotted by S.S.C at the time of recruiting

DR Inspector has not been considered, thus making him junior to Inspectors with lower

rank and who had joined along with him, but in other regions like Mumbai, Delhi etc.

Another point of contention raised in the O.A. is that deemed date of joining is an alien

concept to service jurisprudence.

The contention raised by JB Singh against All India Seniority List of ITO is not tenable, on account of the following:

Both ITO & Inspector are not All India Cadres/Service, as evidenced from absence of All India Transfer. All India Seniority List of ITOs is prepared for effecting the promotion of ITOs as ACIT, which is an All India cadre/service.

Page 6 of 38

Page 7: MINUTES OF M - Home | INCOME TAX GAZETTED ... of Manali MCM.doc · Web viewMINUTES OF M. C. M OF ITGOA HELD ON 28th & 29th July, 2011 at Manali The meeting was chaired by Shri B

Minutes of ITGOA - MCM held at Manali

Thus, Seniority List of Inspectors & ITOs is basically a regional one and the All India Seniority List of ITOs, is nothing but a collation of such regional seniority list. Hence, a primary requirement of such All India list is to honour the already established regional seniority. Till 2001, the basis for such All India Seniority List of ITOs was the date of DPC i.e. Officers considered by an earlier DPC was senior to those of later DPCs, even if the difference was only of that of one or two days. But, in 2001 i.e. after Cadre Restructuring, date of DPC has been declared as 18-6-2001 for all the regions in the entire country.

After thorough deliberations in different meetings of ITGOA, it was decided that ideal basis for finalizing the All India Seniority List of ITOs would be the length of service as Inspector. Further, for honouring the already established regional seniority, the agency of Deemed Date of Joining (DDoJ) as Inspector was adopted, which was the actual date of joining or date of joining by the junior-most Inspector of a particular panel year, whichever is earlier.

All India ranking is there only for DR Inspectors who constitute only 1/3rd. Balance 2/3rd Inspectors are PR, who do not have any common All India yardstick. Further, waiting period for being promoted as Inspector is not uniform across the country. Hence, if All India rank of DR Inspectors (who are only a minority, being 1/3 rd) for determining the All India Seniority of ITOs including the PR Inspectors (who are in majority being 2/3rd) and with no common All India yardstick & due to the difference in number of years for getting the promotion as Inspector, then there will be serious and contentious issues, leading to complex litigation.

Besides, when there is inter-regional transfer of Inspector, there is a rule for losing seniority and the official is made junior to all Inspectors of the new/ transferred region. But, if such Inspector happens to be a DR Inspector with a better All India Rank, then all Inspectors of that region will automatically will become senior in All India S.L. of ITOs, which is not logically correct.

Deemed Date of Joining is not alien to service jurisprudence, as it is the implied principle on which the inter-se seniority of DR Inspectors based on the SSC ranking, are fixed irrespective of their date of joining.

S.S.C had expressed its inability to provide All India ranking of inspectors except that of 1988 & 1989. This also strike at the root of JB Singh’s claim.

Last but not the least; JB Singh was a member of Gupta Committee that recommended DDoJ of Inspector, as the basis for fixing seniority of ITOs in the All India List. Hence, as per principle of estoppel, he cannot raise any contention against that basis for finalizing the All India Seniority of ITOs.

Page 7 of 38

Page 8: MINUTES OF M - Home | INCOME TAX GAZETTED ... of Manali MCM.doc · Web viewMINUTES OF M. C. M OF ITGOA HELD ON 28th & 29th July, 2011 at Manali The meeting was chaired by Shri B

Minutes of ITGOA - MCM held at Manali

4. President requested the members to deliberate on items of agenda, in the order of their

respective Units.

4.1 The Units present, expressed their views on various issues, as under:

a. A.P. Unit ( S/Shri R. Jayakumar – GS & Sitarama Rao )

Following points were reiterated for the consideration of the house :

Most important issue bothering all the promotee officers is the case filed by few disgruntled IRS officers of 2002 and 2003, who are not in the consideration zone for promotion, against the age old practice of 1:1 fixing of seniority between the promotes and direct recruits and bunching the left-over officers. Even though the matter was well represented before the CAT by the CHQ, the outcome was not satisfactory. Now the matter is pending before the Delhi High Court and here again CHQ’s efforts have been exemplary without which there would have been any hope for the entire promote service. In fact, the transfer of our Secretary General and Treasurer from Mumbai to Delhi has been fully justified, considering their contribution in protecting our interest in the said litigation. The final judgement may be pronounced shortly. CHQ should enlighten this House about the steps taken and the present status of the issue. AP Unit is of the opinion that if the need arises, the matter has to be taken to the Hon’ble Supreme Court. A sum of Rs. 5 Lakhs has already been contributed by A.P. Unit towards litigation fund.

In the civil list as on 1-1-2011, it appears that Board has implemented the instruction of DOPT”s OM dated 3/3/2008. This instruction clarifies the year of availability of vacancy for the purpose of rotation and fixation of seniority, as the actual year of appointment. So, from now onwards if the appointments against unfilled vacancies are made in subsequent year the person so appointed shall not get seniority of the earlier year, but would get the seniority of the year in which they are appointed on substantive basis. This will adversely affect the promotional avenues of our members as our DPCs are not conducted in time and always delayed every year. As per the present Civil List, the promotee officers from 2005 batch are adversely affected. In this regard it was suggested that a petition under RTI be made to get file notings to know the circumstances which led to the suo-moto issue of this circular without any provocation from any quarter and challenge the same appropriately. Efforts should also be to ensure that DPCs in future are conducted in time. As a strategy to resolve such a dispute permanently, we must demand that ITOs must be promoted directly to DCIT.

Page 8 of 38

Page 9: MINUTES OF M - Home | INCOME TAX GAZETTED ... of Manali MCM.doc · Web viewMINUTES OF M. C. M OF ITGOA HELD ON 28th & 29th July, 2011 at Manali The meeting was chaired by Shri B

Minutes of ITGOA - MCM held at Manali

In last several MCMs the matter of notional effect from 1.1.96 for the revised pay-scale of ITO/ITI has been discussed & it is told that it is pending before CAT, Bombay. CHQ must pursue this matter vigorously and get it clinched.

CHQ’s efforts in pursuing promotion to ACIT were laudable & the news that the file has been sent to Hon’ble FM was welcome. The momentum must continue, so that promotions (either regular or Ad-hoc) are issued in time.

The issue of granting GP-4800 to AO-III/PS & GP-5400 after 4 years, in line with ITO must be pursued with all vigour. Similarly, DPA-Gr. B must also be granted GP-4800 and GP-5400 after 4 years of service. Further, these officers must be re-designated as ITO (Systems).

Also, CHQ must convince Board to issue instructions for issuing Laptops to the newly promoted ITOs, AOs and PS/Sr PS, so that they also feel included in the 1% incentive. Board must be impressed upon that the depreciated value of these Laptops after about ¾ years would be practically NIL and hence, granting of laptops must be on non-returnable basis, at least for those who are having at least 3 years of service for retirement. For others, there can be an option for paying depreciated value, for retaining the laptops.

Long pending demand of restoring T.B. date back to 31st March, must be pursued more vigorously, as only that can solve much of the work-load related problems. Here, Board must be told that artificial deadlines in the Action Plan like 30 th

November for completing all TB Assessments and insistence on monthly targets for disposal of scrutiny cases, is both notorious and impractical. These must be objected to, with full force.

AOs and PS should be granted the grade pay of Rs.4800 immediately and Rs.5400 on completion of 4 years. Income-tax Officers should be granted grade pay of Rs. 5400 instead of Rs.4800 and ACITs should be granted grade pay of Rs.6000 instead of Rs.5400. At least 4 promotions, i.e., change of four grade pays should be ensured to every official in their entire career. Grade pay of DPA, Grade-B should also be granted grade pay of 4800 and may be re-designated as ITO (Systems).

Board must be asked to clarify on Special Pay i.e. Posts & Uniform rate for the entire country i.e. @ 10% of Basic + GP, because as on today, different regions are adopting different rates.

There should be regular upgradation of stand-alone desktop computers for checking the obsolescence and also to store voluminous data.

Page 9 of 38

Page 10: MINUTES OF M - Home | INCOME TAX GAZETTED ... of Manali MCM.doc · Web viewMINUTES OF M. C. M OF ITGOA HELD ON 28th & 29th July, 2011 at Manali The meeting was chaired by Shri B

Minutes of ITGOA - MCM held at Manali

b. Gujarat Unit (S/Shri Krishna Kumar – GS & M.A. Parwani – V.P. )

On behalf of the Unit, following views were expressed :

CCIT (CCA) has purchased Laptops out of Office Expenditure and issued it to

AO & PS/Sr.PS, in the Gujarat region. This can be emulated by other regions.

Further, these laptops must be on non-returnable basis, considering the fact that in

2/3 years it will be obsolete. CHQ must also demand for data card for AO/PS.

Promotions of ITO to ACIT is pending for 3 R.Ys i.e. 2009-10, 2010-11 & 2011-

12, which has resulted in many of our members retiring without getting their due

promotion. It appears that Administration is taking advantage of litigations for

justifying the delay or non-holding of DPC. The General Body of Gujarat Unit in

its meeting held on 22-7-2011, passed a resolution to ask the Administration to

hold DPC either for regular or for Ad-hoc promotion, without any further loss of

time. Copy of the said Resolution was handed over to CHQ.

Matter of fixing inter-se seniority of Inspectors was also discussed in the above

General Body Meeting, wherein a Resolution was passed to ask the Board to issue

directions to implement the decision of Hon’ble Gujarat HC in the case of NR

Parmar & Others, as even Hon’ble SC has directed for its implementation. This

alone will bring about a uniformity in seniority of Inspectors i.e. from date of

joining, as opposed to date of examination adopted by some CCsIT (CCA). This

alone will make All India Seniority List of ITO correct, as its basis is seniority of

Inspectors. Copy of the said Resolution was handed over to CHQ.

Special Pay must be demanded for Central Circle, Audit, Investigation & Intl.

Taxation. Besides, ITOs in Investigation Wing must be given power to issue

summons u/s. 131, as they are leading search parties, on many occasions.

In most of the Ranges in Gujarat, there is only 1 operational vehicle per Range

and the vehicle is exclusively used by Addl.CIT, thus denying the facility to

DCIT/AIT/ITO/TRO. CHQ must take-up this issue with Board and insist for

uniform guidelines.

Uniform transfer policy for Group-‘B’ Officers must be adopted in all over India.

On the matter of Grade Pay of 5400/4800 to Sr PS/PS/AO and filing of a petition

before CAT-Ahd, it was informed that a petition file before CAT-Jaipur is

pending for decision and after seeing its outcome, further action will be taken.

Page 10 of 38

Page 11: MINUTES OF M - Home | INCOME TAX GAZETTED ... of Manali MCM.doc · Web viewMINUTES OF M. C. M OF ITGOA HELD ON 28th & 29th July, 2011 at Manali The meeting was chaired by Shri B

Minutes of ITGOA - MCM held at Manali

c. Karnataka & Goa Unit ( S/Shri K.E. Rajan - G.S. & N. Sharma - Treasurer )

After seconding the earlier speakers on the subject of promotions to the grades of ACIT,

DCIT & JCIT, following issues were highlighted :

Even in Karnataka & Goa region, there is gross misuse of operational vehicles

and many stations are there with 1 operational vehicle per Range. Board must be

told that the ambitious target of budget collection and collection from Arrear

Demand, can be achieved only with proper infrastructure, including operational

vehicles to all officers.

CHQ must follow-up with Board for granting of interest free loans for child

education, self/child’s marriage, construction/hiring of convention halls at major

centre & guest-houses at tourist places, out of 1% incentive.

Laptops must be issued to AO/PS/Sr. PS and also newly promoted ITOs.

Cadre restructuring status needs to be informed, as general members are anxious

to know about it, especially ITOs in whose case the stagnation is acute.

Telephone connection under Tarang (including the mobile connection & data

card) are being billed by BSNL. Clarification from the Board is urgently required

in this regard.

There is a move for setting-up of a CPU exclusively for TDS Returns. CHQ must

make its stand clear on this and also on the outsourcing of data entry.

Recent communication from the Board/DGIT(L&R) has curtailed the time

available for field formation for submitting SLP proposals from 45 days to 21

days and that too inclusive of holidays. CHQ must impress upon the Board that

considering the manpower/infrastructural constraints and the fact that the relevant

cases are very old one, such short time is totally insufficient. The time limit must

be atleast of 30 days exclusive of holidays.

When there is no provision in IT Act for obtaining Range-Head’s approval before

sending questionnaire in scrutiny cases, then the requirement to that effect in the

Action Plan, must be resisted at any cost.

JCA is very strong in Karnataka region. Contribution towards Litigation fund will

be paid in a couple of months time.

Page 11 of 38

Page 12: MINUTES OF M - Home | INCOME TAX GAZETTED ... of Manali MCM.doc · Web viewMINUTES OF M. C. M OF ITGOA HELD ON 28th & 29th July, 2011 at Manali The meeting was chaired by Shri B

Minutes of ITGOA - MCM held at Manalid. Kerala Unit (Shri R. Rajagopalan – G.S.)

Following were stated on the items of agenda:

While CHQ deserves full kudos for the stupendous achievement, especially in securing the 295 promotions to the grade of JCIT, during the period after the Khajuraho MCM, the progress points entrusted with the Units for action, is not known. For example, all the Units were asked to send letters to the CBDT suggesting amendment to section 153 for restoring the TB date to 31st March, and follow-up with CCIT (CCA) on scrutiny work-load. What happened thereafter has to be informed at least in the course of this meeting. This is important because ITGOA will be truly effective only when both CHQ & all the 18 Units are equally active. Otherwise the MCMs will be reduced to a routine exercise of just assembling once in 6 months and mouthing platitudes on pending issues, in a meaningless display of oratorical skills.

The issue of litigation on all-India Seniority List of ITOs, started by Com. JB Singh needs to be discussed and thrashed out, as Com. JB Singh himself is present in this meeting, as the G.S. of the UP (E) Unit. The matter is important as it may affect future ACIT promotions. In the last MCM it was decided that Coms. Diwakar Singh and Arvind Trivedi would persuade Com. JB Singh to withdraw the O.A. The outcome of the efforts they made, if any, is not known.

Clarifications are required on issues of Work-load of the TDS wing, Cadre Review, Special Pay to Audit/Investigation/Central and the stand on outsourcing of data-entry work for processing of paper returns.

Vigilance cases, especially where the officers are already retired, are allowed to drag on without any progress, thereby denying even pensionary benefits to those officers. Here, the cases of S/Shri R. Sridharan & V.A.Narayanan are worth mentioning, which even after taking up with the former Chairman-CBDT viz. Shri SSN Moorthy, are still pending. The CHQ must follow-up with the DGIT(Vig.) and the Member (P&V), for early settlement of such cases.

The JCA in Kerala is very strong and vibrant. For a purposeful JCA, we must have a code of conduct, and association with the ITEF must be issue- based. If required, the ITGOA can also go alone with agitation, but for long term benefit, we must forge a formidable alliance with the ITEF.

On the matter of litigation relating to fixing relative seniority between the PRs and the DRs, affecting JCIT promotion, the CHQ has done its best to protect the interest of promotee officers. The outcome of this litigation will also affect issue of the Civil List. Hence, there is need to continue to be vigilant.

CHQ must follow-up the matter of sanctioning higher Grade Pay to AOs & PS.

Copies of the orders issued in Gujarat sanctioning laptops to AOs/PS, may be circulated to the other Regions also.

Page 12 of 38

Page 13: MINUTES OF M - Home | INCOME TAX GAZETTED ... of Manali MCM.doc · Web viewMINUTES OF M. C. M OF ITGOA HELD ON 28th & 29th July, 2011 at Manali The meeting was chaired by Shri B

Minutes of ITGOA - MCM held at Manali

e. M.P. & Chhattisgarh Unit (Shri S.N. Bhadra – G.S.)

On behalf of the Unit, following points were emphasised :

Promotion of ITO to ACIT for 2010-11 & 2011-12 is delayed due the litigation, started by ITSEWA on ‘Own Merit’ issue. As now Ad-hoc promotion is being contemplated, CHQ must insist that the consequential vacancy after 295 promotion to the grade of JCIT, must also be considered and for this if need be the promotion for the year 2011-12 may be deferred. Otherwise for the said consequential vacancy a review DPC will be needed.

Suggestions have been called for utilization of 1% incentive of 2009-10 i.e. Rs 80.63 Crores, which must be discussed & suggestions be finalised.

Utilisation of Welfare Fund must be monitored & our suggestion for Guest House/Holiday Homes in places of tourist interest must be ensured.

In the past, one post of CIT (A) was diverted from MP to Bengaluru. Recently, 1 post of CIT (Admn.) from Jabalpur has been diverted to Delhi. This will cause diverting of staff/officer posts and even operational vehicle, which is not acceptable. The said CIT (Admn.)’s post must be revived in Jabalpur, MP and CHQ must follow it up with the Board, especially when there is no decrease in number of Returns from the said place.

Laptops to AO & PS/Sr.PS must be given following Gujarat model and for this CHQ must impress upon Board to issue necessary directions. Similarly the demand for GP-4800 for AO/PS must be pursued vigorously.

We must demand that on promotion ITO be given Sr. Scale (DCIT) directly considering the experience of 10 to 14 Years as ITO-Gr.B. Further on the principle of ‘Equal Pay for Equal work’, JCIT must also be placed in PB-4 along with Addl. CIT.

As most of our members do not get Reward consequent to search action, we must demand Ad-hoc reward on the surrendered amount within a period of 1 or 2 years from the date of search or completion of assessment.

The special pay to Audit & Investigation was withdrawn, by stating that the same is being examined. Board must be asked as to what is the status of the said examination ? and the special pay must be restored on priority, to Audit, Investigation, Central

On the vigilance matter, there must be a definite period of non-field posting for officers on agreed list. Such officers cannot be made to languish in non-field postings for 4/5 years, as there is social stigma attached with such a treatment and is akin to punishing without trial.

Page 13 of 38

Page 14: MINUTES OF M - Home | INCOME TAX GAZETTED ... of Manali MCM.doc · Web viewMINUTES OF M. C. M OF ITGOA HELD ON 28th & 29th July, 2011 at Manali The meeting was chaired by Shri B

Minutes of ITGOA - MCM held at Manali

f. Mumbai Unit (S/Shri Ravi Shankar – J.S. & K.D. Pawar - President)

Following  points/ideas were presented for deliberation :

295 Ad-hoc promotion to the grade of JCIT on 30-3-2011, despite the spirited attempt by

the 15 litigating DRs of 2002 & 2003, is an eye-opener for all, to the effect that ITGOA

can turn the tables on any adversary and win/achieve on any field or issue, provided the

matter is taken-up with zeal  and seriousness that it deserves. CHQ’s efforts on this issue

has no parallels and deserves sincere praise. But, the issue is still not fully clinched, as

the final judgement of Hon’ble Delhi H.C. is yet to come. Mumbai Unit will request

CHQ to take this issue to its logical end and defend our case with the same zest in

Hon’ble S.C. also, for putting an end to this controversy, once for all. Mumbai unit

assures its full support on all points to CHQ in this matter.

Almost all DCIT/ACIT have been transferred back to their place of origin, on completion

of 2 year cooling-off period. This is another feather in the cap of CHQ on which we all

should be proud of. Even, in the posting order of JCIT, there are few grievances. CHQ

has effectively represented in the case of Shri Rakesh Agrawal, JCIT who has been

posted to Chennai without his choice. However the revised order is awaited.      

On a close scrutiny, it will be revealed that the casual approach of CBDT to the service

related matters is the real cause for the spate of litigation. For example in the litigation on

‘Own Merit’ issue, in the original OA, CAT-Mumbai gave Board 6 months to implement

the OM dated 10-8-2001,as against two years as desired by the Board. However,in

principle there was no opposition to the said O.M. by the Board. Subsequently, it was

decided in the Board’s meeting on 3rd Jan.2011,that in selection posts the said O.M. has

to be implemented w.e.f year 2002. Later on an affidavit was filled in Mumbai CAT by

the Board stating that this O.M. is not implementable in the light of certain judicial

pronouncements. Hence, in case the Board was in disagreement, then the said CAT-Order

must have been challenged and got quashed from the High Court, which was not done.

Thus, it is evident that the official stand on the implementation of the O.M. has taken a

U-turn. This change in stand has created a lot of confusion in the minds of our comrades,

which has resulted in a spate of litigations, all over the country. Had the Board taken up

the issue in right earnest this situation could have been avoided. Board’s partisan attitude

is revealed here, when we compare the disinterest displayed for ACIT promotion and

relaxation of 6 & 18 months being sought for Ad-hoc promotion to JCIT, for 2002 &

2003, where DRs will be major beneficiary.

Page 14 of 38

Page 15: MINUTES OF M - Home | INCOME TAX GAZETTED ... of Manali MCM.doc · Web viewMINUTES OF M. C. M OF ITGOA HELD ON 28th & 29th July, 2011 at Manali The meeting was chaired by Shri B

Minutes of ITGOA - MCM held at Manali

As no early resolution of ‘Own Merit’ issue is likely, Board must be pursued for Ad-hoc

ACIT promotions, by referring to huge vacancy. Further, vacancy arising on account of

295 Ad-hoc promotion to the JCIT must also be considered, especially as DOPT OM

dated 3-3-2008 stipulates that seniority will fixed as per the actual date of joining.

Besides, in an informal discussion between some DRs of 2002/2003/2004 and Secretary

General & Treasurer along with some committee members of Mumbai Unit, it

emerged that main cause for the litigation w.r.t fixation of relative seniority between PR

& DR was the Board’s total ignorance to around 110 petitions/ reminders sent by DRs of

2002 & 2003, on the matter of fixing their relative seniority vis-à-vis promotees of 2000

& 2001 who were promoted consequent to Cadre Restructuring of 2001.

Hence, a constant vigil must be maintained on the decisions & actions of Board w.r.t

service matters, including finalization of Civil List, especially after HRD’s partisan

attitude made clear in the file notings.

Board and HRD ought to keep ITGOA informed about the day to day developments &

major deviation, if any, from original recommendations on the cadre restructuring, as we

are one of its signatory.

OA on the issue of notional effect for revised pay-scale of ITO/Inspector w.e.f 1-1-1996

is being followed-up properly and latest judgment of CAT (PB) in the case of Kuldip

Singh, provided by CHQ has also been given to our counsel with a request to press for a

decision in next hearing. Positive developments in this regard will be informed to all.

CHQ must pursue the upgradation to G.P.- 4800 & GP-5400 after 4 years for A.O.s & Sr

PS, in line with postal department and revival of Special Pay to Audit, Investigation,

Central etc. as per the new rates i.e. 10% of Basic + GP, by highlighting that PRP scheme

as recommended by 6th CPC has not be implemented. Also, the Gujarat CCIT(CCA)’s

step of providing laptops to AO & PS, out of OE must be replicated in all regions and for

this a suitable direction is required from the Board. The retiring officers may be allowed

to keep laptop with them after taking the depriciated value from them.

Monthly targets and artificial deadlines mentioned in the Action Plan is causing undue

pressure on our members, who are likely to be victimized for not achieving it. CHQ must

impress upon the Board for a clarification to the effect that, non-achieving of these will

not come in the way of correct evaluation of an officer’s performance. In other words, the

targets w.r.t monthly disposal and completion of all TB Scrutiny by November 2011, can

only a desirable objective, for enhancing Revenue. Page 15 of 38

Page 16: MINUTES OF M - Home | INCOME TAX GAZETTED ... of Manali MCM.doc · Web viewMINUTES OF M. C. M OF ITGOA HELD ON 28th & 29th July, 2011 at Manali The meeting was chaired by Shri B

Minutes of ITGOA - MCM held at Manali 

On the OA filed by JB Singh, it will not be prudent to sit tight by saying that there is no

prayer for stay. Many more OAs can follow the one filed by JB Singh and where Stay can

be sought and CATs will be more than happy to grant stay on promotions, as that is the

first step for ensuring justice. Hence, we all must take a principled stand on the matter.

CHQ should urgently make a strategy for withdrawal of  draconian DOPT’s O.M. dt

3/3/2008 on the issue of seniority, since DPCs are usually held beyond the R.Ys.

JCA was a united movement of staff and promotee officers since 1979.  ITEF Conference

at Mumbai in 2009, was preceded by a Joint Working Committee of JCA wherein both

national & local convenors and members were present and the problems facing the joint

movement was discussed threadbare and wherein a common meeting point was last-

minute withdrawals from agitation/strike was demoralizing the general membership and

it was decided that it will be avoided in future. Thereafter the 15th July, 2010 strike under

JCA was a stupendous success and the joint mobilization for agitation was also well

received by all centres. But, despite the decision in JCA meeting held at BKC in Mumbai

preceding the launch of agitation, ITEF unilaterally called-off the agitation even without

getting any formal assurance, by citing their inability to continue in August 2010. In that

confusion, it was difficult for ITGOA to participate in the strike of 7 th Sept., 2010 which

was basically called for Confederation of Central Govt. Employees & Workers, of which

only ITEF was a constituent and not ITGOA. Further many Units of ITGOA and JCA-

Delhi consisting of even ITEF-Delhi did not participate in the strike of 07-09-2010.

Therefore, ITGOA had to finally decide against participating in the said strike action. For

this decision, ITEF in Mumbai hurled expletives on our members, which has further

strained our relation with them both at Mumbai & CHQ. Above facts are being brought

before the House, for a correct appreciation of the situation, which will be absolutely

essential in reviving the spirit of JCA, that is the need of the hour.

In fact, there is hardly any problem with JCA at local level and the difference of opinion

is emanating from the strategy adopted by both the constituent associations. For reviving

the spirit of JCA, the pre-requisite is that firstly there has to be a heart-to-heart talks

between the national convenors and then a formal MOU can be signed specifying a code

of conduct with dos & donts, for the constituents especially w.r.t launching / calling-off

agitational program and joint negotiations.

Page 16 of 38

Page 17: MINUTES OF M - Home | INCOME TAX GAZETTED ... of Manali MCM.doc · Web viewMINUTES OF M. C. M OF ITGOA HELD ON 28th & 29th July, 2011 at Manali The meeting was chaired by Shri B

Minutes of ITGOA - MCM held at Manali

g. N.E.R Unit (Shri Pulak Das – G.S.)

Following ideas were bared :

CHQ deserved full kudos for achievement on DCIT  to JCIT promotion, All India

Transfers if DCIT/ACIT & JCIT.

NER region faced a unique problem with the election duty, where 86 persons

from IT Dept was deployed in the last election, for about 40 days. Besides, in

coming days IT Official will face atleast 6 State Assembly and 1 General

Election. In such cases the  entire office is likely to be drafted for the same and in

that scenario, how to work towards achieving the stiff & ambitious targets. CHQ

must take-up this matter with Board, who in turn can make a request to the Chief

Electoral Officer or Election Commission, by highlighting the importance of

Revenue Collection work.

The shortage of operational vehicle in NER was like that in other places. Atleast 5

Operational vehicles in a Range be provided. CHQ must bring this to the attention

of CBDT.

Engagement of data entry operator/out Sourcing of data entry work has been

resisted in NER and a mini processing unit with the TAs of the department is

started after negotiation with the Administration which is working very well.

Delay in holding DPC for ACIT due to litigation is understandable. But any delay

due to non-availability of ACR or vigilance clearance cannot be tolerated.

Administration must use this waiting period for completing such requirements.

Besides, responsibility must be fixed on officials who delay in reporting  and/or

reviewing of ACR/APAR.

A sum of Rs 80,000/- has been contributed to litigation fund. Balance will be

cleared in a couple of months.

Page 17 of 38

Page 18: MINUTES OF M - Home | INCOME TAX GAZETTED ... of Manali MCM.doc · Web viewMINUTES OF M. C. M OF ITGOA HELD ON 28th & 29th July, 2011 at Manali The meeting was chaired by Shri B

Minutes of ITGOA - MCM held at Manali

h. N.W.R Unit (Shri Satish Bhalla - G.S.)

On behalf of N.W.R Unit, following was emphasised :

CHQ’s achievement in 295 promotion to the grade of JCIT was laudable. But the issue is far from over and same kind of alertness be maintained and the matter be taken to its logical end. NWR has paid Rs. 1,00,000/- to Litigation fund and the balance 50% will also be given shortly

With a view to check its misuse, we must ask for details of allocation /utilization of 1% incentive cadre/grade-wise under RTI and then demand for allocation as a proportion of grade-wise composition.

Independent Operational Vehicles must be given for all the officers. Tie-up with hotels is generally for officers with GP of 7600 & above i.e. Addl. CIT onwards. Officers like ITO/ACIT/DCIT also undertake official tours. Therefore appropriate hotel tie-ups must be there for such officers also. Further, departmental guest-houses allocation also has to be strictly on first-come first-serve basis and should not in favour of CIT/CCIT. Also book allowance for home-use like subscribing to ITR Online etc must be given to upto ITO. Every office building must have place for rest/sports/ sports and gymnasium with upto date instruments, for ensuring a healthy work-force.

As compassionate appointments is unduly delayed, there must be financial assistance on death of any staff or officer, for ensuring same income level for the deceased’s family. For this purpose, Insurance policies with death cover for all employees, that are quite affordable can be worked-out.

In the entire NWR, only one Reward proposal has been cleared. CBDT must be told to issue directions to clear all pending proposals on priority. Further, where search action extends beyond 12 hours, there must be a financial incentive, as a compensation for hard & arduous nature of work.

Project Tarang mobile numbers & data cards are not functioning properly. There are a lot of call-drops or lack of connectivity. CBDT must be apprised of this, as also suggestions for overcoming them.

JCA in NWR is strong. But, while reviving the spirit of JCA, we must realize that ITGOA must rise to the status of an elder brother and provide definite direction to the JCA movement, because of our wide exposure. Our role is to bridge the gap between Board/Administration and staff.

Although many Units are not in favour of out-sourcing for data entry and house-keeping jobs, we must have a re-look at such a policy, as these jobs do not form the core function of the Dept.

Page 18 of 38

Page 19: MINUTES OF M - Home | INCOME TAX GAZETTED ... of Manali MCM.doc · Web viewMINUTES OF M. C. M OF ITGOA HELD ON 28th & 29th July, 2011 at Manali The meeting was chaired by Shri B

Minutes of ITGOA - MCM held at Manali

i. Orissa Unit (S/Shri Manmohan Rao - J.S. & R.N. Mohanty - President)

Following views were expressed :

In Orissa, agitation under the banner of JCA was in progress, in protest against the

high-handedness of CCIT(CCA) Mr. K.K. Mohapatra, who had recommended in

a DO Letter to the Board, for transferring 3 DCITs out of Orissa, out-of-turn, by

terming these officers as dead-wood. Shri K.K. Nath G.S. & E.Z. Secretary of

ITGOA was one of the three officers. As a form of protest, JCA-Orissa decided to

boycott the 150 Year celebration organized by the said CCIT and instead held a

separate celebration in the office compound, which was attended by Secretary

Generals of ITGOA & ITEF. The conference hall was denied to the JCA, for this

celebration. CHQ has taken-up the matter of out-of-turn transfer of KK Nath with

the Board and it is requested that the efforts in this direction, must be kept on.

JCA in Orissa is strong and is Biennial conference of JCA. In fact, with a view to

break the unity, Administration had called ITEF separately and requested to call-

off the above agitation. But still ITEF is standing in full support of ITGOA, till

date and has assured full co-operation in future also. Main reason for such a

strong JCA is because each constituent considers the demand of the other, as their

own

Direction for completing scrutiny assessment on AST and monthly targets of

scrutiny disposal is causing untold difficulty in the field, which must be

highlighted to the Board.

Long pending demand of GP-4800 to AO-III/PS must be pursued without any let-

up. On the issue of Laptops to AO/PS/Sr PS the Gujarat example must be

followed by all regions & for this uniform direction be issued.

Page 19 of 38

Page 20: MINUTES OF M - Home | INCOME TAX GAZETTED ... of Manali MCM.doc · Web viewMINUTES OF M. C. M OF ITGOA HELD ON 28th & 29th July, 2011 at Manali The meeting was chaired by Shri B

Minutes of ITGOA - MCM held at Manali

j. Rajasthan Unit (Shri G.D. Sharma-President & Sitesh Verma-Treasurer)

Following issues were highlighted :

DCIT to JCIT promotion numbering to 295 was ITGOA’s victory in a heroic

battle and CHQ’s efforts was significant. But, the issue needs to be carried to its

logical end, otherwise the Board & HRD where DR Officers are in the driver’s

seat, would somehow try to scuttle every legitimate right of promotees. IRS is still

under the grip of feudal mentality, which must be resisted and in this direction we

must demand renaming the official website of the Dept as www.cbdtonline.gov.in

It is also satisfying to note that the process for ITO to ACIT promotion has

already been initiated, like letter to DOPT/UPSC for Ad-hoc promotion in view of

the litigation initiated by ITSEWA on the issue of ‘Own Merit’ at Mumbai-CAT.

Here, it will be pertinent to note that a similar stay by CAT-Jaipur Bench was got

vacated from Hon’ble Rajasthan High Court. Similar action is required for getting

the stay vacated which was granted by CAT-Mumbai Bench. It was cleared that

ITGOA is not against any particular group i.e. Reserved or General, but there

should be no blanket stay on promotions, as this will only adversely affect all our

members, for all times to come.

As regards the claims and counter-claims on the All India Seniority List of ITOs,

we all must note that if we keep on wrangling with it, then the same shall not

become final and thereby adversely affect all future promotions. Even, if any one

has to go to court, then no stay should be sought.

There was no problem in functioning of JCA in Rajasthan. But, after the

September strike in which ITGOA did not participate, there was no major action

under the banner of JCA.

Clarification must be sought from CBDT as to whether under MACP, ITOs will

be placed in Non-functional grade with GP-6600, as they are already getting GP

of 5400.

Page 20 of 38

Page 21: MINUTES OF M - Home | INCOME TAX GAZETTED ... of Manali MCM.doc · Web viewMINUTES OF M. C. M OF ITGOA HELD ON 28th & 29th July, 2011 at Manali The meeting was chaired by Shri B

Minutes of ITGOA - MCM held at Manali

5 Operational Vehicles per Range will again bring with it confusion, as there are 7

Officers per Range including the Add/Jt. CIT. Hence, we must demand petrol

allowance for ITOs, say @ 100 litres per month and interest free advance/loan for

purchase of cars.

Monthly targets for scrutiny disposal in the Action Plan provides scope for

Addl./Jt CIT and CIT, to terrorise the Assessing Officers with adverse

remark/rating in APAR. CHQ must raise this with CBDT & seek necessary

clarification that protects the field officers.

There is absolutely no system support to the field officers. Hence, we must

demand posting of one or two ADIT/DDIT (Sys) in all the CCsIT (CCA), who

can not only solve problems, but also provide training to officers/staff.

More follow-up is required in the matter of Special Pay for Audit, Central,

Investigation etc. and CBDT cannot get-away by just saying that the matter is

pending with Dept. of Expenditure.

Connectivity in MTNL & BSNL phone under Tarang is very poor with frequent

call drop. The data cards are mostly not functioning. These must be brought to

the notice of the Board with a demand for time-bound action.

The path shown by Gujarat Unit on the issue of Laptops to AO & PS needs to be

followed by other units also.

Orissa Unit deserves to be complimented for fighting the high-handedness of its

CCIT(CCA) and all the Units must give their moral support to Orissa Unit.

CHQ must impress upon the Board that Hotel-tie ups are required for officers

with GP-4800/5400/6600, as these officers also undertake Tours.

Page 21 of 38

Page 22: MINUTES OF M - Home | INCOME TAX GAZETTED ... of Manali MCM.doc · Web viewMINUTES OF M. C. M OF ITGOA HELD ON 28th & 29th July, 2011 at Manali The meeting was chaired by Shri B

Minutes of ITGOA - MCM held at Manali

k. U.P. (E) Unit ( S/Shri J.B. Singh – G.S. )

Following was stated, on the pending issues :

The matter of Laptops to AO & PS/Sr PS needs more emphasis and efforts.

CBDT must be told that it does not involve huge financial outlay.

Independent Operational Vehicle must be demanded for all officers and if the

same is not feasible, then all ITOs must be given petrol allowance and interest

free vehicle loans, especially because ITOs in non-field postings like HQ, Audit,

Judicial, etc will not otherwise be covered by op. vehicles.

Compassionate appointments are few and far. Hence, there must a benevolent

fund from which immediate financial relief can be give to the next kin of the

deceased staff/officer, for compensating the financial loss of the family, on

account of sudden death of the earning member. Here, example of Banks where

there is compassionate appointment, but salary is paid to the family of the

deceased, every month till the date of retirement, is worth emulating.

All India Seniority List of ITOs has not attained finality, even after a lapse of 10

years from the promotion consequent to Re-structuring i.e. 18-6-2001 that is the

caused of the problem/confusion of determining the seniority of ITOs on an All

India basis, which is acceptable to all. This is bound to adversely affect all our

members, in the long run. If this is not resolved, then it will be our collective

failure.

In the All India transfers, a new concept of deficient region is emerging and this is

not defined. At a time, when there is vacancy / shortage of officers in all regions,

there is no definite basis (on % terms) for terming any region as deficient one.

CHQ must for a clarification on this, otherwise this agency will be used to

circumvent transfer policy for justifying vindictive actions.

Work-load in TDS Charges is very high, especially after introduction of Time

Barring dates for action u/s 201/201(1A). The circular fixing the limit of Rs 10

Lakhs for processing the defaults issued for last year, needs to be extended for

this year also. Besides, uploading the data from TMS into AST is impossible.

CHQ must take-up these issues with the Board.

Page 22 of 38

Page 23: MINUTES OF M - Home | INCOME TAX GAZETTED ... of Manali MCM.doc · Web viewMINUTES OF M. C. M OF ITGOA HELD ON 28th & 29th July, 2011 at Manali The meeting was chaired by Shri B

Minutes of ITGOA - MCM held at Manali

On the litigation w.r.t fixing relative seniority between PR & DR, we must not get

carried away by the Board’s action of filing writ petition & affidavit on the status

of Civil List as the only Seniority List, because Ld. CAT’s direction was finalise

Seniority List and Board could have easily published the very Civil List of 2006

as the Seniority List and then regular promotion could have been held instead of

Ad-hoc promotion to the grade of JCIT. CBDT is in the habit of complicating the

issues and this is evident from the draft Civil List as on 1-1-2011, where there is

no uniform basis. Has CHQ demanded removal of Shri B.K. Jha, DIT(HRD) for

his partisan role ?

On the OA filed by JB Singh assailing the All India Seniority List of ITOs, it

must be noted that there was no prayer for stay of promotions. Even when Shri

Timir Chakraborty had first suggested for Unit-wise roster system to fix seniority

of ITOs promoted on 18-6-2001 before SK Gupta committee, it was suggested

that year-wise segregation of Inspectors would have to be made before finalizing

the All India Seniority of ITOs and if this had been taken in to account, there

would have been no grievance. But, the way the issue was discussed in Khajuraho

MCM (where JB Singh was not present) and the telephonic talk by the Secretary

General (alleging that the OA will finish the ITGOA) was distasteful/unhealthy

and has caused deep anguish to JB Singh, who strongly feels that All India

Ranking given by SSC to Inspectors must be honoured while drawing the All

India Seniority List of ITOs and this alone will ensure that one who is recruited in

an earlier year will be senior to those of later years. Lastly, JB Singh is ready to

answer all queries of all members, on this issue.

CHQ must take adequate care while selecting venue for MCM, as even though

Manali was a place of tourist attraction, it is not easily accessible and all delegates

had to undergo lot of hardship to reach the venue and time available for business

is comparatively less. Besides, the impression amongst the common members is

that the delegates are enjoying. Hence, MCM should be in a place easily

accessible and this will give more time for deliberation.

Page 23 of 38

Page 24: MINUTES OF M - Home | INCOME TAX GAZETTED ... of Manali MCM.doc · Web viewMINUTES OF M. C. M OF ITGOA HELD ON 28th & 29th July, 2011 at Manali The meeting was chaired by Shri B

Minutes of ITGOA - MCM held at Manali

l. U.P. (W) Unit (S/Shri Arvind Trivedi - G.S. & Vinay Kumar - JS)

On behalf of the Unit, following was mentioned :

On the issues of compassionate appointments and pending promotion to the grade

of ITO, agitational program like Lunch Hour demonstration, Boycott of official

functions / functionaries and Walk-out was successfully held under the banner of

JCA, in the UP (W) region and as a result CCIT (CCA) has assured that DPC will

be concluded in July 2011. Similarly, the issue of inter-station transfer was solved

after a marathon meeting with CCIT. Thus our success rate will be high only with

JCA. Relation between ITGOA & ITEF in UP (W) is excellent. For improving the

same in CHQ, what is important is to remove certain misgivings and towards this

we can think of having a separate Bye-Laws for JCA detailing procedures for

launching agitation and its suspension or withdrawal. There can be a M.O.U

between ITGOA & ITEF, committing to adhere to such Bye-Laws of JCA. In

other words, there is need for proper institutionalization of JCA.

Workload comprising, processing of 20,000-25,000 Returns & 150 scrutiny cases

is too high, especially when adequate manpower & infrastructural support is not

provided. CHQ must therefore tell the Board in clear-cut terms that performance

will be proportional to the working strength. Artificial deadlines like completion

of scrutiny assessments by November and monthly targets should not be

acceptable. The action plan targets must only be desirables or preferable and not

compulsory. CHQ must take-up these strongly with the Board.

Venue of MCM, especially when the same is held on a payment basis, then it

must be in a centrally located place, which is easily accessible. Further, as far as

possible, places of tourist interest must be avoided, so that the common members

do not think that their representatives are enjoying.

Rewards must be released in cases where there is surrender and taxes have been

realized.

Page 24 of 38

Page 25: MINUTES OF M - Home | INCOME TAX GAZETTED ... of Manali MCM.doc · Web viewMINUTES OF M. C. M OF ITGOA HELD ON 28th & 29th July, 2011 at Manali The meeting was chaired by Shri B

Minutes of ITGOA - MCM held at Manali

On the litigation now pending in Delhi High Court, CAT directed the Board to

issue Seniority List and Board’s view as brought out in the affidavits is in favour

of bunching, then there is no problem in issuing a seniority list. Therefore, the real

issue before the court is the mode of finalizing the seniority list. Association’s

main strategy should be persuasion & agitation, but today we are bogged down by

litigation. The main hurdle is HRD, which is there only for welfare of DRs &

hence we must agitate against it. Indraft Civil List as on 1-1-2011, PR of 2011 is

equated with DR of 2009 which is totally wrong. This must be resolved first and

for this we will have to challenge the DOPT OM date 3-3-2008, which lays down

that actual year of joining will determine the seniority, by highlighting the delay

in promotions, which is not the mistake of the PRs.

CHQ must ask Board to define the deficient region, for avoiding mischief in all

India transfers on account of this. Because in the recent transfers, officer from

WB has been transferred out and officer from UP(W) has been transferred to WB.

But, as per Borad, WB is a deficient region, then why the above transfers ?

As regards transfer of KK Nath, GS of Orissa Unit, the action of CCIT-Orissa is

shameful and equally appalling is the conduct of the Board. Here, it will be

pertinent to note transfer of our former President Shri G. Gopalan, who was also

transferred on charges, which have all been dropped, now. Thus, each one of us

can be victimized, in this manner. Besides, we must demand that where there are

vacancies, then there should be no transfer. The case of Rakesh Agrawal’s

transfer to a region other than his 3 choice must also be taken-up strongly.

Cadre Review is delayed for more than 4 years and still another 6 months is being

envisaged for the same. Here, the important thing to be remembered is that ITEF

is not much interested in it because the stagnation is not much in their cadres.

Only ITGOA has real interest in cadre review and therefore, we must pursue this

such that cadre review is implemented at the earliest.

Page 25 of 38

Page 26: MINUTES OF M - Home | INCOME TAX GAZETTED ... of Manali MCM.doc · Web viewMINUTES OF M. C. M OF ITGOA HELD ON 28th & 29th July, 2011 at Manali The meeting was chaired by Shri B

Minutes of ITGOA - MCM held at Manali

m. W.B. Unit (S/Shri Bhaskar Bhattacharya - GS & Sayantan Banerjee - JS)

Following points were highlighted :

In the last Cadre Restructuring in 2001 also there was implementation

committee, but in the proposal itself it was clearly mentioned that all new

posts will be filled-up by promotions only and in one go, which resulted in

promotions to 1072 ITOs as ACIT. But in the present exercise there is no

such clarity and CHQ has done little to clear this. It seems that CHQ is

confused and directionless. JCIT is the apex level for Promotees, at which

level there is so much vacancy. If these vacancy is not filled-up then there

will be no use by creating more posts in that level and there will be no

consequential vacancy down-below. Another important aspect of present

cadre review is that it is based on projected work-load of 2014-15 unlike the

actual work-load as on 31-3-1997 used in CRE-2001. When all targets are

achieved despite huge vacancy in DCIT/JCIT and simplification of

procedures is envisaged by DTC coupled with Board’s decision to dispense

with the requirement of filing Returns by persons with salary income up to

5 Lacs, are all bound to result in serious objections by DOPT, that can strike

serious blow to the Cadre Review proposals. Hence, justifications will have

to be thought of, not only by CBDT but also ITGOA. Also, clarification is

required as to how 700 reserves are going to be filled up.

Higher GP and Laptops for AO & PS/Sr PS must be pursued by CHQ and

CCIT-Gujarat’s action to issue laptops out of OE is an exception and it

cannot be replicated in other Units. In fact, when Member L&C was in WB,

the matter was raised and the member stated that this requirement involves

very less cost and asked that the matter must be raised by CHQ leaders.

Although Board professes to reduce litigation, but CAT Orders favouring

promotees are always appealed against. Besides, such orders are never

implemented to all similarly placed officers, for eg. SK Shukla judgement

& every officer is required to file case in CAT/Court. Hence, only agitation

will bring about desired result.

Page 26 of 38

Page 27: MINUTES OF M - Home | INCOME TAX GAZETTED ... of Manali MCM.doc · Web viewMINUTES OF M. C. M OF ITGOA HELD ON 28th & 29th July, 2011 at Manali The meeting was chaired by Shri B

Minutes of ITGOA - MCM held at Manali

Out of 1% incentive, AO & PS/Sr PS have got nothing, except mobile

phone connection. We must demand cadre-wise allocation, for ensuring that

every member of this Dept is not deprived of their rightful share.

Diversion of posts of CIT from one region to another is playing havoc with

the number of supporting staff. In fact in the last one year there have been

22 such diversions from NER, Kerala, MP & W.B. and the posts are all

diverted to Delhi. It is obvious that such exercise is not based on any

scientific study of work-load but is only to accommodate more officers in

Delhi. This must be resisted at all costs.

Hon’ble FM has gone on record that Vigilance proceedings must be

expedited and that too in the case of retired officials. This was reiterated by

Member-CBDT during his visit to W.B. CHQ must follow-up with Board

and DG (Vig.) for timely completion of vigilance cases. Here, an example

worth mentioning is that of our former president Shri G. Gopalan, who

transferred from Chennai to Orissa on account of vigilance proceedings and

now after his retirement, all charges against Gopalan has been dropped.

Clarification is required as to whether under MACP, ITOs will get the 3rd

benefit i.e. GP-6600 to ITOs who are already getting GP-5400.

CHQ must take-up with Board the problem of missing ACR and part ACRs

and evolve a permanent solution to the same.

Our stand on outsourcing of security and caretaking functions and CPC &

LTU must be made explicit and for this a decision under the aegis of JCA

will be good. A concrete decision is to be taken in Central JCA and the

State units will follow the same.

JCA is very strong in WB and as reported, in all other States. The problem

is only in the central level, which is admitted by the CHQ also, and it must

be solved at the earliest through dialogue. WB Unit is ready to hold a

meeting of Central JCA as a step to resolve the differences.

Page 27 of 38

Page 28: MINUTES OF M - Home | INCOME TAX GAZETTED ... of Manali MCM.doc · Web viewMINUTES OF M. C. M OF ITGOA HELD ON 28th & 29th July, 2011 at Manali The meeting was chaired by Shri B

Minutes of ITGOA - MCM held at Manali

4.2 Zonal Secretaries and other CHQ members spoke as under :

a. North Zone Secretary (Shri Raghvendra, UP-West)

All Issues have by now crystallized and now we must concentrate on

implementing the decisions.

CHQ must make its stand clear on the reducing the TB date i.e. from 31 st

December to 30th November, in the Action Plan. Board’s insensitivity is clearly

evident from this one action, because this requirement is on the face of heavy

manpower & infrastructure constraints and the fact that even though Board has

passed the AGT in the month of March 2010, the consequential posting order in

many regions was done only in May/June and in regions like Delhi, it was only in

July.

Frustration amongst the members is on the rise, due to lack of promotion (ITO to

ACIT), heavy work-load coupled with non-availability of adequate support staff.

Then, the denial of any share in the 1% incentive to AO/PS/ Sr PS (by non

granting of Laptops), Non-resolution of GP issue of AO/PS, all of these must

have sparked off a strong agitation. But still we are only discussing the issues.

Less faith on the ability of Units might due to bad experience with ITEF. We must

therefore select 3 or 4 major issues and launch a strong agitation, which even if

implemented for 1 week, must bring the haughty CBDT to its senses.

Even though 295 promotions to the grade of JCIT have been effected, still one

should not forget the same is only Ad-hoc. Board should have published the

seniority list as directed by CAT and then regular promotions could have been

made.

Board has still not considered the objections on the draft Civil List-2011. In this

respect the DOPT OM dated 3-3-2008 must objected, either through litigation or

through agitation, especially as promotions to the ACIT level is never held as per

DOPT model calendar.

Page 28 of 38

Page 29: MINUTES OF M - Home | INCOME TAX GAZETTED ... of Manali MCM.doc · Web viewMINUTES OF M. C. M OF ITGOA HELD ON 28th & 29th July, 2011 at Manali The meeting was chaired by Shri B

Minutes of ITGOA - MCM held at Manali

Transfer Policy-2010 is not at all in favour of Promotee Officers, as our main

suggestion that ‘No Transfer for the sake of Transfer’ has not been considered.

Advanced age of PR at the time promotion as ACIT i.e. 40/45 Years and

consequent medical needs of self/aged parents, educational needs of children etc

renders compulsory transfer on promotion, a punishment.

CHQ must ask Board to define deficient region and cases of Quasi Kaushik,

Rakesh Agrawal, KK Nath, etc must all be resolved immediately.

85% of 1% incentive is being used for Officers from the level of Addl. CIT to

CCIT, which constitutes only 5 to 10% of workforce in the Dept. CHQ must

demand cadre/grade-wise allocation.

Cadre Restructuring is very important and CHQ must maintain a close watch on

all developments in this regard and must keep all members informed about the

same. Further, its implementation i.e. at one-go or phase-wise must also be

decided well in advance.

All India Seniority List of ITO not finalized after 2001 and CHQ must try a little

more, so that all objections to it are removed.

There is no problem with JCA at Unit-level. Whatever problem is there is only at

the CHQ level, which must be sorted out at the earliest for effective functioning

and achieving many of our legitimate demands.

Vigilance matters are inordinately delayed and with respect to the retirees it is

inhuman also to deny their retirement benefits. CHQ must take-up the matter for

expediting it & for this Hon’ble FM’s observation may be used.

Misuse of Operational Vehicle and non-functioning of MTNL/BSNL Cell

connection and Data Card must be brought to the notice of Board. We must also

demand Broad Band connection for all officers in office.

Time Barring date must be restored back to 31st March.

Page 29 of 38

Page 30: MINUTES OF M - Home | INCOME TAX GAZETTED ... of Manali MCM.doc · Web viewMINUTES OF M. C. M OF ITGOA HELD ON 28th & 29th July, 2011 at Manali The meeting was chaired by Shri B

Minutes of ITGOA - MCM held at Manali

b. Central Zone Secretary (Shri S.N. Bhadra, MP & CG)

We must adopt a resolution against transfer of office-bearers of Units, which is

striking at the effective functioning of those Units and demand that this must be

suitably incorporated in the Transfer Policy.

The situation prevailing in Orissa is worst of its kind and we cannot remain mute

spectators to the same. A strong resolution must be passed condemning the action

of CCIT (CCA),Orissa and demanding transfer back of KK Nath, GS of Orissa

Unit, who has been transferred out of turn.

Similarly the case of Shri Rakesh Agrawal, who has been transferred to a place

which is not out of his 3 choices, must also be pursued and clinched.

The problem in JCA, is mainly because of the steady refusal of ITEF in honouring

the genuine needs of ITGOA, which was witnessed in 2/3 meetings as Central

Zone Secretary. Still, we all must try to resolve this through talks, as a combined

efforts is very much essential for achieving our demands more easily and

certainly.

On the principle of ‘Equal Pay for Equal Work’, JCITs must be placed in PB-4 along with Addl CIT and this alone will ensure decent pay rise on being elevated as a Range-Head.

c. Vice President (Shri Timirharan Chakraborty, NER)

In the January 5th Video conferencing, Hon’FM agreed to meet the Service Associations. This must be institutionalized and ITGOA must use to air some of the grievances like the partisan attitude of Board & HRD and it dire consequences.

ITGOA can go ahead with agitation, even if there is not much support from ITEF. But, our efforts must be to be in JCA, which alone can assure success to both the associations..

As regards Civil List and litigation on seniority, CHQ (especially SG & Treasurer) are doing extremely well. Comrades from UP(E), UP(W) & WB must note that the matter is not as simple as they have tried to make it i.e. publishing a seniority list, as that would have been caught in the net of innumerable petitions and all further promotions would have been adversely affected.

Page 30 of 38

Page 31: MINUTES OF M - Home | INCOME TAX GAZETTED ... of Manali MCM.doc · Web viewMINUTES OF M. C. M OF ITGOA HELD ON 28th & 29th July, 2011 at Manali The meeting was chaired by Shri B

Minutes of ITGOA - MCM held at Manalid. Shri Anantharaman N. V. Iyer (On behalf of TN & P and Delhi Units)

Following E-mails received from Shri M. Vivekanandan, GS of TN&P Unit was read out & were taken on record :

“ Thanks for your timely circular on the crucial issues faced by us.  In this regard, ITGOA-TNP appeal through our CHQ, Sri J.B. Singh, a senior member of our organisation to withdraw the litigation filed on the seniority issue and settle it outside the judicial process, in the larger interest of our members who are already suffering a lot on the promotion issue on various fronts, which would reflect his concern for the welfare of our own members.” 

“ I regret to inform that no office bearer from ITGOA - TNP would be participating in the Manali MC meet to be held on 28 & 29/07/2011, due to personal reasons. However, I present the views of the EC which met at Chennai on 26/07/2011: (1) Court matter on the seniority issue should continue to be pursued as being done now. (2) CBDT should be impressed upon to take necessary steps/adopt suitable principles in matters like 'Own merit' issue, to prevent such issues coming up in future. (3) The proposed sanctioning of operational vehicles for ITOs should include all officers who are not on field postings also (like audit etc). (4) The matter of revised pay w.e.f 01/01/1996 needs to be pursued with full vigour to ensure its implementation…”

On behalf of Delhi Unit, the following was stated :

Priority should be for promotions to the grade of ACIT, DCIT & JCIT. Considering the litigation on ‘Own Merit’ issue, Ad-hoc promotion may sought, in terms of DOPT OMs which state that where on account of litigation regular promotion cannot be effected, then Ad-hoc promotion can be granted.

Efforts w.r.t the litigation in the Hon’ble Delhi High Court on the matter of relative seniority of PR & DR and drawing of civil list correctly, must continue. Delhi Unit will continue to provide its full support to CHQ in this endeavour.

On transfer back to Delhi, after cooling-off period, ACITs have been posted to exempted post like Systems etc., which must be objected to. In fact, the officers willingness is invariably to be taken before posting in Directorates/Board.

Cadre-Review must be followed-up closely, so as to ensure that nothing adverse to the career prospects of our members are brought in at any stage.

On the litigation started by JB Singh w.r.t to All India Seniority List of ITOs, CHQ must take all necessary steps to protect interest of other members and before any changes is made to the Seniority List, views of all Units must be considered.

Page 31 of 38

Page 32: MINUTES OF M - Home | INCOME TAX GAZETTED ... of Manali MCM.doc · Web viewMINUTES OF M. C. M OF ITGOA HELD ON 28th & 29th July, 2011 at Manali The meeting was chaired by Shri B

Minutes of ITGOA - MCM held at Manali

5. Secretary General and President summed-up the above deliberations as under :

a. On the Promotion of ITO to ACIT

This issue will be accorded top priority and CBDT’s move for Ad-hoc promotions in the

wake of litigation on ‘Own Merit’ issue by ITSEWA, will be supported, as the officers

from all categories are members of ITGOA and all of them are adversely affected by the

delay in promotions.

b. On the litigation w.r.t All India Seniority List of ITOs

Detailed submission of Shri R.S. Meel, Addl. Secretary and Chairman of the committee

that finalized the All India Seniority List of ITO is the CHQ’s response to the queries

raised on the issue. Besides, it was clarified that the discussion in Khajuraho MCM

cannot be considered as leveling of any charge on Shri J.B. Singh. On the contrary the

response was the disbelief of members on the course of filing an OA by JB Singh,

especially in view of his being a member of SK Gupta Committee that recommended

DDoJ as the basis for determining the All India Seniority of ITOs and a fervent hope that

said OA will be withdrawn and some members were authorized to pursue this. Even now,

the fact that there is no prayer for stay in JB Singh’s OA, although appreciable, cannot be

a permanent solace, as other members need not be so magnanimous. Hence, it will in the

interest of ITGOA to accept the present Seniority List as it is. Lastly, it is not correct to

state that All India Seniority List of ITOs is not final. Only undecided thing is the

individual ambition.

As regards, the request of some members to follow the same principle of DDoJ for

determining the All India Seniority of ITOs of later years, it was clarified that this

scheme was only for overcoming the problem that arose with promotion on the same day

in all the charges across the country i.e. an extraordinary situation will only warrant an

extraordinary solution. Otherwise the normal and time-tested method of seniority based

on date of DPC will have to be followed.

As regards the request for uniform application of Hon’ble SC’s decision in the case of

NR Parmar, the fact that the said decision was an interim order & direction that there will

be no reversions and DOPT’s specific direction in its OM against reviewing already

determined seniority, will have to be considered.

Page 32 of 38

Page 33: MINUTES OF M - Home | INCOME TAX GAZETTED ... of Manali MCM.doc · Web viewMINUTES OF M. C. M OF ITGOA HELD ON 28th & 29th July, 2011 at Manali The meeting was chaired by Shri B

Minutes of ITGOA - MCM held at Manalic. On the Promotion of ACIT to DCIT & SK Shukla matter

This matter will be pursued with Board, especially for all ACITs who have actually completed 4 years, as on 01-01-2011.

The issue relating to the decision of CAT-Jaipur in SK Shukla’s case confirmed upto Hon’ble Apex Court and similar order in case of Subhas Sahni & Others, PK Singh Others also confirmed by Hon’ble SC and Ld. CAT’s Order in the case of Padam Singh & Others, will once again be highlighted to the Board and a uniform application will be sought, on account of the fact that this will obviate the need for relaxation to fill up the vacancy in the grade of JCIT.

d. On the Promotion of DCIT to JCIT, connected litigation & Civil List

Ad-hoc promotion for 2002 & 2003 batch will also be pursued with the Board as that will be in the interest of PRs of these batches and it will also dilute the case of respondents in the ongoing litigation. But, the defense of the case in the Hon’ble Delhi High Court on the principle of determining correct relative seniority between PR & DRs will be steadfastly done and taken to its logical end, such as to protect legitimate right of our members. Here, the members must note that litigation was not started by ITGOA, but by some misguided DRs of 2002 & 2003 batches and it is ITGOA’s bounden duty to defend the case in the Courts, as an adverse order would not only adversely affect the career prospects of our members, but would finish the entire promotee service, as such.

Finalisation of Civil List will also be followed-up with the Board on the lines of our defense in the above litigation and on the basis of the detailed petition submitted by ITGOA on the issue, which is already uploaded in our website.

e. On the 1% incentive & Welfare Fund

Laptops for AO & PS/Sr PS would be followed-up with CBDT till it is achieved and in this direction even the Gujarat model will also be borne in mind.

Consequent to relentless pursuit by ITGOA, the demand for Operational Vehicle to ITOs has been agreed to in principle, but on a twin sharing basis. Here, it must be noted that for obtaining approval of Dept. of Expenditure, the justification can be only w.r.t. an Assessment Unit i.e. a Range and not a Ward / Circle. Further, independent operational vehicle for each & every officer though desirable, to demand it right-away without even getting the twin sharing one as envisaged now, would only fritter our energies. The rampant misuse of such vehicles will be taken-up in the conference of Addl. CIT (HQ) to be held at Jaipur and CBDT. Meanwhile, all Units are requested to report such misuse to their CCIT(CCA) with a copy marked to CBDT & CHQ, which will then be followed-up.

The matter regarding utilization of Welfare Fund will be taken-up in the conference of Addl. CsIT (HQ) and also CBDT.

Page 33 of 38

Page 34: MINUTES OF M - Home | INCOME TAX GAZETTED ... of Manali MCM.doc · Web viewMINUTES OF M. C. M OF ITGOA HELD ON 28th & 29th July, 2011 at Manali The meeting was chaired by Shri B

Minutes of ITGOA - MCM held at Manalif. On the All India Transfer

The satisfaction expressed by ITGOA on All India Transfers, referred to by Member-CBDT in his visit to Kolkata was clarified to be on the fact that for the first time AGT was held in March and transfer back of around 90% of officers who completed their cooling-off period of 2 years. However, separate lists of DCIT/ACIT and JCIT, who were left-out even though duly covered by grounds like completion of cooling-off period, working spouse, non-consideration of one of the three choices, medical needs of self/dependents, etc. have been given to the Board and which will be duly followed-up. The matter of out-of turn transfer of 3 DCsIT (including Com. K.K. Nath) from Orissa was taken-up while submitting the said list and also in the quarterly meeting with Chairman in July 2011 and also with Member (P) when the case of Shri Rakesh Agrawal, JCIT was taken-up. All these cases will be pursued, till they are resolved satisfactorily.

g. On the Cadre Review of IRS & Restructuring of IT Dept.

Although the circular dated 18-7-2009 and Secretary General’s Report presented in the 40th BGM held at Hyderabad, discusses Cadre Restructuring of 2000-01 and the present Cadre Review at length, still some misconception appears to perturb the minds of our members which came out during the course of discussion. To remove all such doubts, the factual position was recapitulated as under :

Promotions to the grade of ACIT consequent to Cadre Restructuring of 2001, was only 984 (910 vide order no. 169/2001 dated 7.11.2001 + 74 vide order no. 149/2002 dated 27.9.2002 ) & not 1072.

After Cadre Restructuring of 2000-01, stagnation at the level of ITO worsened, which was because of alteration of ratio between ITO & ACIT. This fact is duly acknowledged in the Cadre Restructuring Report – 2001 [Para 41 of Chapter-4 titled ‘Re-designing the Indian Income-Tax Administration’ at page No. 117) in the following words :

“Consequent to the restructuring proposed, the existing ratio between DCIT (ACIT-Sr.Scale), ACIT (ACIT-Jr.Scale) and ITO is marginally altered to the detriment of future promotion prospects of Income Tax Officers. However, since we have recommended that vacancies at all levels arising as a consequence of this restructuring should be filled by promotions only, the effective ratio would be a substantial improvement over the existing ratio. Nevertheless, the existing ratios must be maintained and this aberration corrected in the course of the expansion of different cadres consequent to increase in the number of tax payers in the future.”

Page 34 of 38

Page 35: MINUTES OF M - Home | INCOME TAX GAZETTED ... of Manali MCM.doc · Web viewMINUTES OF M. C. M OF ITGOA HELD ON 28th & 29th July, 2011 at Manali The meeting was chaired by Shri B

Minutes of ITGOA - MCM held at Manali New posts created in CRE-2001 at different grades of officers were :

Grades Strength beforeRestructuring

Strength afterrestructuring

Increase in strength

Supervisory OfficersCCIT 36 116 80CIT 402 698 296Addl. CIT 339 469 130JCIT 453 647 194

Sub-Total . 1230 1930 700Cutting-edge level Officers

DCIT 1033 1240 207ACIT 648 734 86

Sub-Total . 1681 1974 293ITO 3261 4207 946

While 700 new posts in supervisory grade (CCIT, CIT & Addl./Jt. CIT) & 946 in ITO cadre were created, only 293 posts were created in the cadre of DCIT/ACIT which is the promotional post for the ITOs. This resulted in acute stagnation in the grade of ITO. Further, Reserves numbering to 420 towards Leave/Training /Deputation, which were in existence till CRE-2001, were somehow dispensed with.

In view of the above adversities heaped upon promotees as a whole, CRE-2001’s scheme of filling-up all new posts only by promotions, was only cosmetic and marginal. Further, promotions in all grades were given at a time and in one year, except in the grade of ACIT (which was for promotees i.e. ITOs) where the 993 vacancy (907 chain vacancy + 86 new posts) was bifurcated in to two years i.e. 484 in RY 2000-01 and 509 in RY 2001-02. Despite all these, we are stuck in a litigation w.r.t the relative seniority of PR ACITs vis-à-vis DR ACITs, wherein the relaxation of IRS Rules for filling up all the ACIT posts by promotion is being challenged.

Juxtaposed to the above CRE-2001, the proposals of present Cadre-Review, do not suffer from any of those shortcomings. The number of new posts are :

Grade  Strength beforeRestructuring

Strength afterrestructuring

Increase in strength

CCIT 117 116 -1CIT 731 936 205Addl. / Jt. CIT 1253 1460 207

Sub-Total 2101 2512 411DCIT / ACIT 2092 2692 600ITO 4448 5942 1494Exec. Officers 6540 8634 2094Reserves-Gr. ‘A’ 0 760 760

Page 35 of 38

Page 36: MINUTES OF M - Home | INCOME TAX GAZETTED ... of Manali MCM.doc · Web viewMINUTES OF M. C. M OF ITGOA HELD ON 28th & 29th July, 2011 at Manali The meeting was chaired by Shri B

Minutes of ITGOA - MCM held at Manali There is some misconception about ‘Reserves’. As it is mentioned below ACIT, there

is a misinterpretation that an intermediary grade between ITO & ACIT is being

created. It must be noted that 720 Reserves in Group ‘A’ would be filled up in the

lowest grade i.e. ACIT and this will take care of 2 batches of probationers in NADT

& Officers who are on deputation or Study/Long Leave.

The CRE - 2001 & present Cadre Review can be compared as under :

Grade  Increase of posts in CRE - 2001

Increase of posts in Present Cadre Review

CCIT 80 -1CIT 296 205Addl. / Jt. CIT 324 207

Sub-Total 700 411DCIT / ACIT 293 600Reserves - Gr. ‘A’ 0 760Total ACIT Vacancy 993 1771Ratio of DCIT/ACIT to Supervisory Officers 42 % 331 %

Thus, sufficient care has already been taken in the present Cadre Review proposals

w.r.t the number of new posts even without taking in to account the relaxation of IRS

Rules for filling-up all new posts by promotion only. Still at the time of

implementation, ITGOA will take all necessary measures to protect the interest and

career prospects of our members.

h. On the matter relating to pay-scale

The O.A. for notional fixation of revised pay-scale of ITO and Inspector w. e. f 1-1-

1996 will be pursued till the issue is decided in our favour.

G.P. of 4800 to AO-III/PS is being followed-up with Board. But, as posts of AO &

PS are not specific to our Department, the achievement of this demand will depend on

collective struggle in the entire Govt. Service. However, in the Cadre Review

exercise, proposals have been tweaked in such a way that all present AO-III & PS

will be elevated as AO-II & Sr PS with GP-4800 and GP-5400 after 4 years.

Similarly, ITGOA will persist with its demand of PB-4 for JCIT. But this demand

also is dependent on entire Govt. Service, as JCIT and Addl. CIT are equivalent to

Dy. Secretary and Director in other Depts.

Demand for PB-3 to ITO after 4 years will also be pursued.

Page 36 of 38

Page 37: MINUTES OF M - Home | INCOME TAX GAZETTED ... of Manali MCM.doc · Web viewMINUTES OF M. C. M OF ITGOA HELD ON 28th & 29th July, 2011 at Manali The meeting was chaired by Shri B

Minutes of ITGOA - MCM held at Manali

i. On the matter of work-load

The matter w.r.t. heavy work-load in the TDS-Wing especially because of Time barring for processing u/s. 200-A & 201/201 (1A) will be taken-up with Board and the financial limit of Rs 10 Lakhs fixed in the last year will be sought to be continued for the current year also.

The reduction of time available with the field-formation for filing SLP from 45 to 15 days will be duly taken-up with the Board. However, members must also bear in mind that High Courts and Supreme Court are coming-down heavily upon the Dept. for delay caused in filing appeals u/s 260-A and SLP. Hence, all out efforts must be put in for filing them within the stipulated time.

As regards artificial deadlines for completion of scrutiny assessments i.e. completion of all TB Assessments by 30th November, 2011 and the monthly targets as mentioned in the Action Plan, will be taken-up with the Board and if the same is not resolved amicably then ITGOA will not flinch from giving a call to complete all the TB Assessments only in the last fortnight of December 2011.

Our demand to restore the Time Barring date back to 31st March will be pursued with the Hon’ble F.M. and for this the help of our comrades from W.B. was required as the F.M. belongs to their State.

As regards diversion of posts from one region to another & posting of ADIT (Sys) or System Analyst with each CCIT (CCA) for providing system support and training to the field officers will be taken-up with the Board.

j. On the organizational matters

The suggestion that MCM be held in different Unit’s region based on a roster was really a good one and will divide the responsibility equally and in case any particular Unit finds it difficult to bear the expenses, then that MCM will be held on contributory basis. Work associated with ITGOA was a voluntary one and once we have volunteered for the same, then there is no room for cribbing that 2/3 days are lost in travel for attending MCM etc. All delegates for MCM must reach the venue at least one day before the scheduled date and must depart the day after conclusion of the meeting, so that full time is available for discussion. Similarly, there is an urgent need to avoid repetition of the same issues by speaker after speaker and for this every Unit must send by E-mail the issues that they would like to raise in the MCM at least 3 days before the meeting and this will enable the Office bearers to put all the facts about the issue before the house and this will spare more time for discussing & finalizing strategies for achieving the demands.

Page 37 of 38

Page 38: MINUTES OF M - Home | INCOME TAX GAZETTED ... of Manali MCM.doc · Web viewMINUTES OF M. C. M OF ITGOA HELD ON 28th & 29th July, 2011 at Manali The meeting was chaired by Shri B

Minutes of ITGOA - MCM held at Manali

Both President & Secretary General had a unique opportunity to hold a meeting in

Srinagar Office of the Dept. and all the officers were highly enthusiastic. W.B. Unit

organized a meeting of its general members and there also both President and Secretary

General have addressed the general members. General members participated in the

meetings with great enthusiasm and raised lot of important queries. But by the time,

replies were given many of such members had already left and hence the local office

bearers were requested to convey the said replies to the members.

The meeting then concluded at 05.00 P.M. on 29.07.2011.

Sd/-

( RAJESH D. MENON ) SECRETARY GENERAL

The draft minutes was circulated on 22-8-2011 to all the Units & delegates which attended the

said MC Meeting and follow-up was done over phone, for sending the corrections, if any. All the

corrections received till 2-10-2011 have been duly incorporated.

The above minutes are approved by the President.

Sd/-

( RAJESH D. MENON ) SECRETARY GENERAL

Page 38 of 38