References received from Commissioners on Judgements passed by the High Courts – no reference to Board please
The CBEC is annoyed that some Commissioners are forwarding decisions of the High Courts, with observations that the same were found to be acceptable after examination at their end, but were being brought to the notice of the Board for maintaining consistency, in case a contrary decision had been taken elsewhere.
Board does not like this. In such cases, the Board feels that instead of seeking advice from the Chief Commissioner in matters of ambiguity, or making a specific reference, the decision making is being passed on to the Board.
If Commissioner cannot take a decision, what makes him think that the Board will or should?
Board has informed the Commissioners that hence forth, such references would not be entertained by the Board and the same will be returned in original after taking adverse note thereof. Board wants Chief Commissioners to issue necessary instructions to Commissioners in this regard.
This is how the bureaucracy works – involve as many people as possible so that you alone will not be held responsible for any lapse.
What is wrong if Commissioners inform the Board about a High Court order which has been accepted. In fact the Board can create a cell to monitor such cases and inform the other Commissioners also about the decision so that they do not continue with frivolous litigation. But Board does not want to be informed and will take a serious view if the Commissioners dare to inform them! President Kennedy used to have a sticker on his table, “The buck stops here”. Our Board would like the Inspector to have such a sticker on his table, if he has a table!
CBEC F.No . 275/2/2008- CX.8A Dated : January 22, 2008