TIOL-DDT 1557 · the untouched capture
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<p><font size="2" face="Verdana, Arial, Helvetica, sans-serif"><strong><font color="#663399" size="3">TIOL-DDT 1557</font> <br>
25.02.2011 <br>
Friday </strong></font></p>
<p align="center"><font size="2" face="Verdana, Arial, Helvetica, sans-serif"><strong><font color="#006600">Central Excise Day - Chairman Confident of Exceeding Revenue Target - </font></strong><font color="#006600"><strong>Taxmen to move to Glass House - Don't throw stones</strong></font></font></p>
<p align="justify"><font size="2" face="Verdana, Arial, Helvetica, sans-serif"><strong>ADDRESSING</strong> the Central Excise Day function, in Delhi's National Museum, CBEC Chairman S Dutt Mazumder was confident that his department would exceed the Revenue Target and get the 1% incentive which can be used for infrastructural developments in the Department. Central Excise Revenue had recorded a growth of over 32%. The Chairman gave a brief history of the department highlighting the various activities and achievements.</font></p>
<p align="justify"><font size="2" face="Verdana, Arial, Helvetica, sans-serif">The
Chairman spoke about the new Tax Headquarters coming up which will house
the CBDT and CBEC and all their offices in Delhi. The new building will be
made of glass, symbolic of the transparency era into which the taxmen are
expected to proceed. Maybe our taxmen will remember the adage "people who
live in glass houses should not throw stones" or "people who live in grass
houses should not stow thrones". </font></p>
<p align="justify"><font size="2" face="Verdana, Arial, Helvetica, sans-serif"><strong>GST</strong>: The Chairman explained the difficulties in GST - that it is concerned with various stakeholders unlike the DTC which was entirely the Central Government' s affair. The Chairman was very confident that GST is a reality that cannot be put on hold for long. </font></p>
<p align="justify"><font size="2" face="Verdana, Arial, Helvetica, sans-serif">Cadre Review: The Chairman said that the cadre review work was almost completed at the Board level and hoped it could be implemented soon. </font></p>
<p align="justify"><font size="2" face="Verdana, Arial, Helvetica, sans-serif">A Compilation of Supreme Court cases on Service Tax and a book on Vigilance Guidelines were released on the occasion. </font></p>
<p align="justify"><font size="2" face="Verdana, Arial, Helvetica, sans-serif">YG Parande, Member, CBEC launched the new look ACES. </font></p>
<p align="center"><img src="http://www.taxindiaonline.com/RC2/image/stories/fm_ddt_25feb.jpg" alt="Legal Corner Icon" width="400" height="252" hspace="5" border="0" align="centre"></p>
<p><font size="2" face="Verdana, Arial, Helvetica, sans-serif">Later Finance
Minister Pranab Babu released a book <em><strong>Innovations</strong></em>.
Picture shows the Finance Minister flanked by MOS Palanimanickam and CBEC
Chairman Mazumder. </font></p>
<p align="justify"><font size="2" face="Verdana, Arial, Helvetica, sans-serif"><strong>In Hyderabad</strong>: I had the honour of attending the grand celebrations organized by the Commissioners of Hyderabad. The Chief Guest was Justice Subhash Reddy of the Andhra Pradesh High Court. The Justice clearly stole the show with his brief, but effective speech. He said that often judges are questioned about delays in the justice delivery system, but a small amendment in the statute brings in lakhs of litigation, but there is no corresponding increase in the number of courts. He congratulated the Central Excise Department for deciding not to file appeals up to a certain monetary limit. He advised the Department not to file appeals routinely without carefully examining each case. He recalled a case in his days as a lawyer when the government had appealed against a small compensation. He told the court that all he can get is a dosa in a good hotel for that kind of money! The discerning judge noticed how well the dais was decorated and congratulated the organizers. </font></p>
<p align="justify"><font size="2" face="Verdana, Arial, Helvetica, sans-serif">Central Excise Commissioners BB Prasad and SN Saha explained the historical evolution of Central Excise and the role of the department as a facilitator to the assessees. Several assessees and officers were felicitated on the occasion. </font></p>
<p align="justify"><font size="2" face="Verdana, Arial, Helvetica, sans-serif">Many officers told me that they would eagerly wait for today's <strong>DDT</strong> for our sharp critical comments on the function - We are sorry to disappoint them - No, we are not spoiling the birthday party. </font></p>
<p align="justify"><font size="2" face="Verdana, Arial, Helvetica, sans-serif">But one thing has to be mentioned - the Public Relations of the Department are almost non-existent. Whenever they do something bad, it gets them adverse publicity without any effort on their part, but when they do something good they do it secretly and never tell the world about it. We in <strong>TIOL</strong> are ready to give them all the good coverage, but they never send us any press notes or give us any details. </font></p>
<p align="center"><strong><font color="#006600" size="2" face="Verdana, Arial, Helvetica, sans-serif">Black Badges in Central Excise Day </font></strong></p>
<p align="justify"><font size="2" face="Verdana, Arial, Helvetica, sans-serif"><strong>THE</strong> Superintendents of Central Excise were seen in the Central Excise Day function wearing black badges. Ravi Mailk, Secretary General of the All India Association of Central Excise Gazetted Executive Officers, informs that they are forced to celebrate it as black badges day due to discriminating and biased attitude of authorities. The reason behind this observance of black badges day was totally apathetic and indifferent attitude of the authorities for last many decades in the matters of promotions, career progression, payment of overdue arrears of pay as recommended by various courts, parity with the counterparts of Enforcement Directorate as recommended by Pay Commission, stoppage of harassment, transparent & impartial transfer/posting policy, creation of separate service as recommended on various occasions by the department, direct promotion to senior group A post like other gazetted officers, change of recruitment rules, filing of long awaited affidavit in the Hon'ble Supreme Court in promotion case, seniority benefit on promotion like many other gazetted officers, reclassification of the post as group A like other counterparts, merger of trifurcated cadre with retrospective effect and promotion on the basis of combined length of service for parity with other counterparts, compensation for undone cadre restructurings due after every three years, time bound promotions to remove acute stagnation, counting of regular service correctly on the lines of group A etc. </font></p>
<p align="center"><strong><font color="#006600" size="2" face="Verdana, Arial, Helvetica, sans-serif">Intellectual Property Rights (Imported Goods) Enforcement Rules, 2007 - CBEC Instructions </font></strong></p>
<p align="justify"><font size="2" face="Verdana, Arial, Helvetica, sans-serif"><strong>IN</strong> Board's Circular No 41/2007-Customs dated 29-10-2007, it was provided that the right holders may furnish a General Bond without security to the Commissioner of Customs prior to the grant of registration, undertaking to execute consignment specific Bonds with the jurisdictional Commissioner of Customs at the port of interdiction within three days from the date of interdiction of any allegedly infringing goods. This arrangement was prescribed considering the fact that at the time of registration but prior to importation, it may be difficult to ascertain and fix the Bond amount corresponding to the value of suspected infringing goods that are to be imported. Further, this would lock in right holders' money in the form of security. </font></p>
<p align="justify"><font size="2" face="Verdana, Arial, Helvetica, sans-serif">However, representations have been received from the trade requesting for a centralized bond valid for all ports, as execution of bond at the port of interdiction within three days of interdiction of allegedly infringing goods is stated to be a cumbersome process. The opinion of Law Ministry on legal implications of a single Bond across different customs locations was sought. </font></p>
<p align="justify"><font size="2" face="Verdana, Arial, Helvetica, sans-serif">Considering the genuine difficulties expressed by the right holders and keeping in view the opinion of the Law Ministry, it has been decided to implement an on-line, system driven, centralized bond management module as part of the existing Automated Recordation and Targeting System (ARTS). The main objective of this system is to provide for a single centralized bond account with security that can be used at all ports in India, so that the right holders do not have to rush to different customs formations to execute consignment specific bonds with securities in case of interdiction of allegedly infringing consignments at the different Customs formations. </font></p>
<p><a href="http://www.taxindiaonline.com/RC2/subCatDesc.php3?subCatDisp_Id=25&filename=notification/custom/2011/cuscir11_010.htm" target="_blank"><strong><font size="2" face="Verdana, Arial, Helvetica, sans-serif">CBEC Circular No. 10/2011- Cus., Dated: February 24, 2011 </font></strong></a></p>
<p align="center"><strong><font color="#006600" size="2" face="Verdana, Arial, Helvetica, sans-serif">Refund of 4% CVD (SAD)-Extension of time up to 30<sup>th</sup> June, 2011 - CBEC Instructions </font></strong></p>
<p align="justify"><font size="2" face="Verdana, Arial, Helvetica, sans-serif"><strong>CBEC</strong> Circular No 27/2010-Customs, dated 13.08.2010, provides the facility of manual filing of Bill of Entry for utilizing the amount of re-credited 4% CVD (SAD) refunds for payment of duty in case of re-credited DEPB/Reward Scheme scrips upto 30.12.2010. However several representations have been received from trade and industry to extend the time upto 30th June, 2011 for using re-credited 4% CVD (SAD) amount in DEPB as they have not been able to utilize the re-credited DEPB/Reward Scheme scrips within the stipulated time. </font></p>
<p align="justify"><font size="2" face="Verdana, Arial, Helvetica, sans-serif">The matter has been examined in consultation with Ministry of Commerce. Accordingly, it has been decided to extend time limit for using re-credited DEPB/Reward Scheme scrips in case of 4% CVD (SAD) up to <strong><font size="2" face="Verdana, Arial, Helvetica, sans-serif">30<sup>th</sup></font> June, 2011</strong>. </font></p>
<p><a href="http://www.taxindiaonline.com/RC2/subCatDesc.php3?subCatDisp_Id=25&filename=notification/custom/2011/cuscir11_011.htm" target="_blank"><strong><font size="2" face="Verdana, Arial, Helvetica, sans-serif">CBEC Circular No. 11/2011- Cus ., Dated: February 24, 2011 </font></strong></a></p>
<p align="center"><strong><font color="#006600" size="2" face="Verdana, Arial, Helvetica, sans-serif">Clear Refund Claims by March 15 - CBDT Chairman </font></strong></p>
<p align="justify"><font size="2" face="Verdana, Arial, Helvetica, sans-serif"><strong>IN</strong> the last Video Conference as also through a Message from the Chairman's Desk, all the CCITs were requested to personally monitor processing of Returns & expeditiously issue refunds. </font></p>
<p align="justify"><font size="2" face="Verdana, Arial, Helvetica, sans-serif">Still, out of around 61.4 lac Returns entered in the system but not yet processed, around 6.39 lac Returns have refund claims. All CCITs are advised to ensure that all pending refunds are necessarily issued by March 15 2011.</font></p>
<p><a href="http://www.taxindiaonline.com/RC2/inside2.php3?filename=wnew/chairman_7_24feb_2011.htm" target="_blank"><strong><font size="2" face="Verdana, Arial, Helvetica, sans-serif">From the desk of Chairman, CBDT S.N . 7/Feb 24,2011 </font></strong></a></p>
<p align="center"><strong><font color="#006600" size="2" face="Verdana, Arial, Helvetica, sans-serif">TIOL's XCuSE - CD Update </font></strong></p>
<p align="justify"><font size="2" face="Verdana, Arial, Helvetica, sans-serif"><strong>OUR</strong> CD web update as on 20<sup>th</sup> February 2011 had been dispatched. Our CD subscribers are requested to update the programme before the Budget. We will send you the Budget Update as soon as possible and it can be updated only if you have updated the programme as on 20 February 2011. </font></p>
<p align="center"><strong><font color="#006600" size="2" face="Verdana, Arial, Helvetica, sans-serif">Be With Us For the Budget 2011 </font></strong></p>
<p align="justify"><strong><font size="2" face="Verdana, Arial, Helvetica, sans-serif">WE</font></strong><font size="2" face="Verdana, Arial, Helvetica, sans-serif"> will bring you the Budget as it unfolds, with our incisive analyses and comments and so we are not carrying any cases on Monday. No <strong><font size="2" face="Verdana, Arial, Helvetica, sans-serif"><strong><font color="#006600">Jurispruden</font><font color="#FF6633" size="5">tiol</font> </strong></font></strong></font></p>
<p align="justify"><font color="#FF6666" size="2" face="Verdana, Arial, Helvetica, sans-serif">Until Monday with more <strong>DDT</strong></font></p>
<p align="justify"><font color="#FF6666" size="2" face="Verdana, Arial, Helvetica, sans-serif">Have a Nice Weekend. </font></p>
<p><font color="#FF6666" size="2" face="Verdana, Arial, Helvetica, sans-serif">Mail your comments to</font><font size="2" face="Verdana, Arial, Helvetica, sans-serif"> <a href="mailto:vijaywrite@taxindiaonline.com"><strong>vijaywrite@taxindiaonline.com</strong> </a></font></p>
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