TIOL-DDT 446 · the untouched capture
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<p> <font size="2" face="Verdana, Arial, Helvetica, sans-serif"><b><font color="#663399" size="3">TIOL-DDT
446</font><br>
11 09 2006<br>
Monday</b></font></p>
<p align=center><font size="2" face="Verdana, Arial, Helvetica, sans-serif"><strong><font color="#006600">Import
of wheat – The Pawar–full exemption</font></strong></font></p>
<p align="justify"><font size="2" face="Verdana, Arial, Helvetica, sans-serif">On
06-09-2006, DDT reported that the Agriculture Minister, SharadPawar had announced
exemption to import of Wheat about which the CBEC Chairman was not aware. The
CBEC Chief, told reporters that 5% duty continues. But the Minister had announced
that the notification would be issued in a couple of days. The Board apparently
could not meet the Minister’s deadline. But apparently they worked overtime
and came out with the notification on a second-Saturday, a closed holiday for
Government of India. But Wheat is important and so is the Agriculture Minister
and so in such situations, the Board would happily work on a holiday.</font></p>
<p align="justify"><font size="2" face="Verdana, Arial, Helvetica, sans-serif">There
is an interesting sidelight to this notification. This notification is numbered
97/2006. The previous customs notification issued by the Board was 92/2006,
dt.06-09-2006. The next notification is numbered 97. What happened to notification
numbers 93 to 96 of 2006?. Obviously they are ready and numbers have been allotted
and are waiting somewhere for release. In the mean time the Wheat notification
became urgent and was issued on Saturday. The other 4 notifications 93 to 96,
will most probably be issued today with a back date probably 08-09-2006. A notification
is valid only when it is made available to the public. The Board has a serious
problem in making the notifications public. May be they are so much in love
with their notifications that they don’t like to leave them – to public scrutiny.
The Board has an elaborate website which also does not take cognizance of the
notifications. The site tells you that the latest notification is 92/2006. The
site will also tell you that there are missing notifications. After 80, it is
86; after 87 it is 89; after 89, it is 92. The site simply does not have these
notifications. The government’s reaction to criticism is generally – kill the
messenger. The best way to defend a notification is to keep it a secret.</font></p>
<p align="justify"><font size="2" face="Verdana, Arial, Helvetica, sans-serif"> Manufacture
of notifications is clearly a complicated job for the poor Board.</font></p>
<p><font size="2" face="Verdana, Arial, Helvetica, sans-serif"><a href="http://www.taxindiaonline.com/RC2/subCatDesc.php3?subCatDisp_Id=23&filename=notification/custom/2006/ctariff06_097.htm">NOTIFICATION
NO : 97/2006-Cus., Dated: September 9, 2006</a></font></p>
<p align=center><font size="2" face="Verdana, Arial, Helvetica, sans-serif"><b><font color="#006600">Bad
Customs ???</font></b></font></p>
<p align="justify"><font size="2" face="Verdana, Arial, Helvetica, sans-serif">An
article published some time ago in The Telegraph of Calcutta containing some
venomous attack on the junior customs officers made sad reading. The article
highlighted,</font></p>
<blockquote>
<p align="justify"><font size="2" face="Verdana, Arial, Helvetica, sans-serif">++
Implementation of existing law is the toughest job for a majority of customs
officers today. </font></p>
<p align="justify"><font size="2" face="Verdana, Arial, Helvetica, sans-serif">++
For them, the absence of a healthy tradition coupled with ignorance, come
as a bliss. </font></p>
<p align="justify"><font size="2" face="Verdana, Arial, Helvetica, sans-serif">++
Their sole aim is to improve their own status and standard of living. Making
a collection for the week or fortnight or month becomes their priority. </font></p>
<p align="justify"><font size="2" face="Verdana, Arial, Helvetica, sans-serif">++
But who cares for the law, when it can be decided by the customs official
on the spot. The inventory would read “used apparels, old books land broken
furniture of no commercial value”. No one would know which officer had given
such a profound judgment on the goods brought in by a passenger who has the
wealth to travel abroad thrice a year, has the cash to pay the freight charges
for 600 kgs. And ensure smooth exit down the airport without any customs check
and duty.</font></p>
<p align="justify"><font size="2" face="Verdana, Arial, Helvetica, sans-serif">++
Since security is of no concern to the customs department, as often claimed
by senior customs officers themselves, the juniors are the last to be bothered
about the nature of the goods passing under their nose.</font></p>
<p align="justify"><font size="2" face="Verdana, Arial, Helvetica, sans-serif">++
Raw material for chemical warfare or mandrax, heroin or RDXor gun powder,
nothing matters to these men, some of whom are keen to earn a healthy return
for the investment they have made to buy their job, postings or repeat deployment.</font></p>
<p align="justify"><font size="2" face="Verdana, Arial, Helvetica, sans-serif">++
As demand of some bosses remain insatiable, the subordinates make the airport
a “free port”.</font></p>
<p align="justify"><font size="2" face="Verdana, Arial, Helvetica, sans-serif">++
If, by chance, these anti-national customs officers do get caught, the “erring”
officer conducting the investigation is bound to get punished.</font></p>
<p align="justify"><font size="2" face="Verdana, Arial, Helvetica, sans-serif">++
This is “the system”, and installation of any other system would amount to
the violation of the “law of the land”.</font></p>
</blockquote>
<p align="justify"><font size="2" face="Verdana, Arial, Helvetica, sans-serif">The
author appears to be truly pained that customs postings are bought and the
senior bosses are insatiable. He seems to be an insider and knows his facts.
But does the Board allow its officers to lambast the department which provides
these officers with food and protocol? Sometime back the Board had warned
officers about writing in newspapers. The byline to the article mentions
the name of one Abhijit Bhattacharya and we understand, we may be wrong;
he is a Chief Commissioner of Customs in
<st1:place><st1:City>Delhi</st1:City></st1:place>. Then comes the question
of whether prior permission was taken from the Board for writing this article
and does it not violate the CCS Rules? Has FM also read this article and approved
it. If yes, TIOL would certainly welcome and urge other officers to share such
'inside & insightful' stories with us as well!</font></p>
<p align=center><font size="2" face="Verdana, Arial, Helvetica, sans-serif"><strong><font color="#006600">Transferred
officers – are they relieved</font></strong></font></p>
<p align="justify"><font size="2" face="Verdana, Arial, Helvetica, sans-serif">Board’s
threat to inform the FM about officers who are still hanging around their old
offices in spite of being transferred doesn’t seem to have worked. There are
still many officers who are to be relieved hoping for some order giving them
retention. The obedient ones who got relieved and joined their new places must
be feeling so cheated. If senior officers blatantly disobey Board orders and
even that of the Finance Minister, what kind of system are we running and how
can these officers instill discipline in their subordinates? </font></p>
<p><font color="#FF6666" size="2" face="Verdana, Arial, Helvetica, sans-serif">Until
tomorrow with more DDT </font></p>
<p><font color="#FF6666" size="2" face="Verdana, Arial, Helvetica, sans-serif">Have
a nice day. </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">vijaywrite@taxindiaonline.com</a></span></font></p>
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