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FM Exhorts CBEC and CBDT to Set-Up
Standing Committee at CCs Level for
Litigation Management
The Finance Minister, Shri Pranab
Mukherjee has asked the Central
Board of Direct Taxes (CBDT) and
Central Board of Customs and Excise
(CBEC) to constitute Standing
Committee at the level of Chief
Commissioners to have a systematic
bottom to top approach for
litigation management. Shri
Mukherjee was speaking at a review
meeting with the Chief Commissioners
and Commissioners of Income Tax,
Customs and Central Excise in Mumbai
today. Asking both the Boards to
improve human resource management,
he said that a model time frame for
conducting the Departmental
Promotion Committee (DPCs) must be
developed and followed strictly. The
Minister also urged the Department
to ensure that all the annual
general transfers are carried out by
both the Boards by the month of
April. Expressing concern over
Central Excise and Customs duty
arrears in the zone, Shri Mukherjee
asked the officers to give special
emphasis in taking some serious
steps for collection of arrears of
revenue. The Finance Minister urged
the revenue department to create a
formal Risk Management institution
to improve the voluntary tax
compliance in India. |
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Following is the text of Finance
Minister’s speech delivered on the
occasion:
“This is the second occasion I am
meeting with Chief Commissioners and
Commissioners of both CBEC and CBDT
in a combined meeting. Last time we
met at Kolkata. This type of
interaction with CCs and
Commissioners provides an
opportunity to understand the ground
realities and creates a common
platform for both the departments to
come together. I would like to
continue with this tradition.
Mumbai is the financial capital of
India and contributes, significantly
to both direct and indirect taxes. A
financial capital integrated with
the Global economy has to offer its
own challenges to Tax
Administration. The complexity and
diversity of the business in this
city offer a challenging assignment
to Tax Officers. The challenges are
further compounded by the innovative
tax planning and use of tax shelter
products offered by the tax
consultants to business. The ongoing
litigation in one of the biggest tax
liability case from this city
indicates that Indian Tax
Authorities are professionally well
prepared to protect the tax base of
our country. Mumbai is also a
gate-way to foreign investors.
Therefore, a stable and efficient
tax administration in Mumbai is
essential to create conducive
environment for foreign investors.
Both the Departments have progressed
well in creating infrastructure for
providing quality tax payer
services. The setting up of Ayakar
Sampark Kendra (ASK), Automation of
Central Excise and Service Tax
(ACES), Centralized Processing
Centres (CPC) and Large Tax Payer
Units has laid down a solid
foundation to provide the services
to the tax payers, which are
technologically intensive. I am sure
both the Departments will continue
to innovate and re-engineer the
existing business processes and
administrations to further improve
the delivery of services.
I have been asking both the boards
to improve the human resource
management to meet the rising
expectations of the officers and the
staff. Though there is some
improvement pertaining to
Departmental Promotion Committee (DPCs)
for the staff and officers, but
still it is not satisfactory. It
should be ensured that DPCs are held
well in advance to keep the
employees motivated and eager to
perform their responsibility in the
service of the Nation. I would like
to see that a model time frame for
conducting the DPC is developed and
followed strictly. Both the
Departments should aim to become a
model employer, which provides equal
opportunities and equity in true
sense. I have noticed that transfer
orders of the officers are issued in
mid of the year, which affects not
only the officer, but also the
Department. The officer has to shift
his family and children in the mid
of the academic session, which
causes avoidable mental stress.
Similarly, by shifting of the
officers in the mid of the year from
one charge to the other charge, the
continuity and time available is
reduced considerably. This adversely
affects achieving the targeted
revenue. This can be avoided by
ensuring that all the annual general
transfers are carried out by both
the Boards by the 2nd week of April.
The regional orders by the
respective Chief Commissioners
should be completed by the end of
April of every financial year. This
will reinforce the confidence of the
employees in our system and we can
demonstrate by action that we
actually care for our employees. I
am confident that both the Board can
calibrate their long term human
resource policies to achieve the
above objectives.
There is an area of concern which
both Departments need to look into
to create an atmosphere of trust and
mutually beneficial relationship
with tax payers as well as our own
employees. Departments are filing
appeals in a routine manner without
careful thought and examination. I
have noticed that some of the
appeals filed have been dismissed by
the courts on account of gross
delays. For this I have constituted
a Standing Committee in both the
Boards. This Committee will identify
systematic causes for service
litigation and litigation with tax
payers and will prepare a road map
for reducing the existing litigation
and to avoid litigation in future.
This Committee has been constituted
at the Board level. I will encourage
both the Boards to constitute a
similar Standing Committee at the
level of Chief Commissioners to have
a systematic bottom to top approach
for litigation management. This
would lead to manageable number of
cases before the Courts, which can
be defended efficiently and will
enhance the success rate in
litigation.
I am pleased to note that the
revenue realization in this Zone has
been quite satisfactory for Customs
and Central Excise, in particular. I
find that for the period of four
months i.e. from April to July in
this financial year, the Customs
revenue collection in three Mumbai
Zones has registered an average
growth of 79.5 percent compared to
the collection during the
corresponding period of last
financial year. In Central Excise
also there has been buoyancy, though
the growth has been slightly less as
compared to Customs. I find that the
two Central Excise Zones in Mumbai
have an average growth of 55.65
percent compared to the collections
during the corresponding period of
last financial year. This trend of
revenue realization would not only
need to be maintained but also to be
improved during the coming months so
that if there is any shortfall in
other area, collections from this
Zone can help us in filling the gap.
The manufacturing sector in the
country is looking up and this has
contributed in not only increased
Central Excise duty but also
increase in the imports of capital
goods, machinery and other
raw-materials which has in turn
resulted in increase in Customs
revenue collection. In Service Tax,
however, I find that the growth is
much less. It is only about 8
percent. I, however, fail to
understand why the growth of Service
Tax should be so small. It is an
acknowledged fact that the service
sector in the country is also
growing substantially. I would like
those of you concerned with the
Service Tax collection to ponder
over this, and find ways and means
to increase the Service Tax
collections.
In this context I would also like to
tell you to give equal importance in
collection of arrears of revenue. I
find that in this Zone an amount of
around 3,088 crores is locked up in
respect of Central Excise arrears,
and an amount of around 1,740 crores
in respect of Customs duty arrears.
We are now in the beginning of 6th
month of the Financial Year. It is
high time that we give special
emphasis in taking some serious
steps for collection of arrears of
revenue.
Another area where the situation is
rather alarming is pendency of
adjudication. I need not remind you
that delay in adjudication
ultimately results in delay in
collection of revenue due to the
Government. I find, in this Zone an
amount of around 2,192 crores of
Central Excise duty, an amount of
around 1,931 crores of Customs duty,
and an amount around 3,800 crores of
Service Tax are locked up in the
pending adjudication cases.
As for the GST, you may be aware, I
had tried my best to introduce the
Constitutional Amendment Bill for
GST in the last Monsoon Session of
Parliament itself. But for certain
reasons beyond my control it could
not be tabled in the last session.
As you know, the process of
Constitutional Amendment has a
certain gestation period involving
placement of the Bill in the
Parliament, referring the Bill to
the Standing Committee and then
tabling the Bill for passing in both
the Houses of Parliament. Since we
could not place the Bill in the last
session, it may not be possible to
introduce GST from 1.4.2011;
because, GST legislation, both at
the Centre and the States can be
undertaken only after the
Constitutional amendment. However, I
must make it clear that there should
not be any let up in your ongoing
work relating to GST. While the
officers in the Ministry are working
on the various aspects of policy and
administration matters on GST, your
feedback would also be needed in a
big way – first on matters relating
to policy and then on matters
relating to administering the GST.
After all, you the Central Excise
and Service Tax officers in the
field will have to administer GST in
close coordination with the State
Government officers. In this
context, I would suggest, meanwhile
you start dialogue with the State
Government authorities as a way of
familiarization, since ultimately
when the Central GST and State GST
come into effect, you will have to
work in tandem.
On the direct tax side, the net
corporate tax has shown a growth
20.9% and personal income tax a
growth 8.51% with overall growth for
direct taxes at 15.75% as on 31st
July 2010. The overall direct taxes
growth is satisfactory. But the
collection of direct taxes from
Mumbai is below the national
average. The achievement of direct
tax collection largely depends upon
collection from Mumbai. Therefore,
revenue collection should be
monitored effectively and special
efforts should be made to achieve
not only the budgeted target but
also to exceed it.
The major area of concern on the
direct tax side is the revenue
locked up in appeal. `28,046 crores
is blocked in appeal before CIT
(Appeal) and `10,010 crores before
ITAT. Department should take
concrete steps to realise the
revenue locked up before the
appellate authorities.
I have noted that for Mumbai, there
is an increase in advance tax, for
the financial year 2010-11 by 22% in
comparison to the same period of the
previous year. The tax deducted at
source for the current financial
year has shown a decline by almost
2% in comparison to the
corresponding period of the previous
year. The trend in TDS collection,
which is a major source of revenue
to the government exchequer should
be analysed to ensure that taxes due
from TDS are collected.
The growth rate of Indian economy
for the year 2009-10 was 7.4%. We
expect the Indian economy to grow
over 8.5% during the year 2010-11,
though IMF and CMIE are predicting
it close to 9.5%. The sectors
performing well in the Indian
economy need to be monitored to
ensure the due taxes to government.
The voluntary tax compliance depends
upon risk perception by the
taxpayers. We have increased the
risk perception by using technology
intensive tools. There is a need to
create a formal Risk Management
institution to handle this critical
component of tax governance on a
real-time basis. Both the
departments can collaborate on the
issue of risk management to further
improve the voluntary tax compliance
in India.
As promised to stakeholders, I have
introduced DTC in Parliament. This
is the first step towards
implementation of DTC. It will come
into effect from 1st April, 2012.
The time available after passing the
DTC by Parliament and till it comes
into effect is to be used for
developing the required systemic
support and for education and
training to employees and taxpayers.
The available time window should be
used effectively for a smooth
transition to DTC taxation regime. I
am confident that Department will
show adoptability for this change
and will rise to the occasion.
I am told that the Cadre
Restructuring for CBDT was done in
the year 2001 and for the CBEC in
the year 2002, which is to be
reviewed after every five years and
is overdue. This needs to be
expedited and completed in a time
bound manner. There is also a need
to develop a system to make it as a
continuous process and not as an
event to meet the legitimate
expectations of the Officers and
staff.
I wish you all the best to achieve
all your targets for the Financial
Year 2010-11.”
Source
: Press Information Bureau (press release), India, dated
01/09/2010
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