How CBEC DLA and Bangalore Customs Faced Bharti Airtel case
YESTERDAY, DDT reported about the perseverance of the CBEC Directorate of Legal Affairs (DLA) and Bangalore Customs in defending the Bharti Airtel case [].
It was a virtual war with control rooms in Bangalore and Delhi. The Department acted with war-like precision and manoeuvre and got out of an ambush of an ex parte stay. The Department had a huge victory in the Tribunal after a protracted legal battle and they were simply not ready to throw away the sweet fruits of success. The CESTAT had upheld the duty, penalty and fine totalling about Rs 450 Crores (2012-TIOL-746-CESTAT-BANG) and the party, Bharti Airtel had filed an application for ex-parte stay in the Supreme Court. And then the war room was opened and the operation lasted just four days.
Bangalore Customs tried to recover the amounts confirmed by CESTAT and they were informed that Bharti Airtel had filed an ex-parte stay application before the Supreme Court. The usually slow cogs of the Government machinery suddenly went top gear. The Bangalore Customs Commissioner contacted the Directorate of Legal Affairs (DLA), CBEC, New Delhi for advice, on Monday the 3rd of September 2012. The DLA also went into top gear. They advised the Commissioner on what to do, to send a vakalat in the name of a particular lawyer, minute details like affixing the rubber stamp on the vakalat etc,.
The Bangalore Customs Commissioner nominated an Additional Commissioner to go over to Delhi to coordinate with the DLA in defending the case. And this Additional Commissioner landed up in Delhi on 5th September with vakalat, Tribunal Order and a copy of the appeal book filed by Bharti Airtel.
Now that the armoury and the army were ready in Delhi, the smooth operations started in this joint operation of DLA and Bangalore Customs. They got the Solicitor General to appear for the Department. They explained their case to the Solicitor General and had discussions with him twice. On his advice, they filed a caveat in the Court on 6th September. The case was posted for 7th September, listed as item No. 13(!)and the Department got a deposit of over Rs. 200 Crores - the battle is won.
At least temporarily, the Department is richer by over Rs 200 Crores - all because of the timely appropriate action by the sincere officers of Bangalore Customs and Directorate of Legal Affairs. They will not get any additional increment, promotion or even a preference in posting. They would not have lost anything even if they had not worked so hard to defend Government Revenue. Their exceptionally meritorious work would even go unrecognised, but apparently, these soldiers were happy to do their duty of protecting revenue.
When Government servants decide to really work, no force can stop them, for they are the best.
In the days when Government is a synonym for corruption, lethargy, inefficiency, incompetence, callousness, ignorance, arrogance and outright fraud, it is heartening to report such stories of valour and commitment. DDT hopes it gets more such opportunities to highlight the good work - The fact is most of them work overtime to deny us that opportunity!