Notice

INCOME TAX EMPLOYEES FEDERATION,

Manishinath Bhawan,  A/2/95, Rajouri Garden,

New Delhi 110 027

Telephone No : 2510 5324 Telefax 2513 1593

e-mail : itef@sify.com Mobile 98110 48303

NOTICE

X.5(xxxxiii)

Dated 27^th June, 2009.

            Notice is hereby given that a meeting of the Secretariat of the ITEF, CHQ will be held on 18^th July, 2009 Manishi Nath Bhawan, A-2/95, Rajouri Garden, New Delhi, to discuss the following agenda.

Agenda:

            1.  Discussion on report of the Cadre Review Committee and its finalisation

2.  Review of the ongoing agitational programe and chalk out further course        of action.           

3.  Any other matter with permission of the chair.

 

 Ashok B. Salunkhe,

Secretary General. 

To All CHQ. Secretariat Members

 

 

CWC Meeting and decisions

INCOME  TAX  EMPLOYEES  FEDERATION

Manishinath Bhawan A/2/95 Rajouri Garden,New Delhi. 110 027.

www.itef.blogspot.com email: itefcentral@gmail.com.

Telefax. 2510 5321; 6543 1807

 

President: K.P. Rajagopal.                                      Secretary General: Ashok B Shalunke.

 

Cirl.No. 11/2009                                                                                  Dated: 23.06.2009

 

Dear Comrades,

Central Working Committee Meeting and decisions-

The Central Working Committee of ITEF was held on 18^th & 19^th June 2009, in the Conference hall of Mirasol resorts at Daman for which arrangements were made by the ITEF, Gujrat Circle.  Prior to the CWC meeting, the Secretariat of the ITEF met at the same venue at 10.30 AM on 18.6.2009.  The CW meeting commenced at 3PM  and was chaired by Com. K.P.Rajagopal, President.  The working committee had the presence of all members of the Secretariat and the working Committee except the following 

Coms. C.M.Badola, Prikshit K.Vasudeva, Vice Presidents, of the Secretariat and Gr. Secys. of North Western Circle Group C & D, Western UP Group D and Andhra Pradesh Group D.

The decisions taken agenda-wise are given hereunder

Item No. 1: Confirmation of minutes of CWC Meeting held at Mumbai on 09.02.2009.

            The minutes circulated in the house was approved by the house.

Item No.2: Discussion on the report of the Sub-committee on Cadre Review.

            Copy of the Draft Document which was  prepared by the sub-committee and  sent to the General Secretaries through e-mail and was circulated in the house. The sub-committee had made three distinct proposals for submission to the Cadre Review Committee on behalf of the ITEF.  The proposals contained the computation of the net requirement of Officers and Staff in the Department in view of the heavy increase of workload.  The First was computed on the basis of the pattern agreed upon in 2000 for the COmmissionarates. The Second proposal was to increase the No. of Assessing Officers and Complimentary staff in each Range on the proportion of 2ACsIT and 5 ITO in each Range.  The third one was to bifurcate the No. of Ranges into Corporate and non-corporate.  The house discussed the merits and demerits of the three proposals at length and all the Circle representatives participated in the discussion.  It was decided to present all the three proposals before the Cadre Review Committee so that the Committee can appreciate the different pros and cons and arrive at a feasible conclusion acceptable to all stakeholders.  On behalf of the Secretariat the house was informed that certain inadvertent mistakes had been crept in with regard to the requirement of  the officers and staff in the office of the CIT TDS, Transfer pricing, International Taxation etc. and was assured that these would be corrected.  The sub-committee was authorized to take appropriate decision at the meeting of the CRC keeping in mind the interest of the Group C&D staff. 

            The house then took up the proposal mooted by the sub-committee for Cadre restructuring necessitated by the VI CPC recommendations and carreer progression requirements.  The decision taken at the CWC meeting in this regard are incorporated in the proposal to be submitted to the CRC which is attached to this circular.

Item No.3: Discussion on filling up of 10% posts of ITOs from amongst the Senior Inspectors who have not qualified the Departmental Examination.

            It was decided by the house that this proposal would be taken up after the Cadre restructuring and while framing the recruitment rules.  Com. President indicated the necessity of reviewing the proposal in the light of the Modified ACP.

Item No.4: To consider agitational programme on pay commission related issues.

            The house noted with serious concern of the inordinate delay in settling the following issues.

(i)                            assigning grade pay of Rs. 4600 as per Government of India notification to Inspectors, Private Secretaries and Administrative officers and Rs. 1800 to all Group D employees;

(ii)                          all employees are provided with mobile phone facility out of the infrastructure fund;

(iii)                         no outsourcing of any departmental functions, especially the return processing, as per the recommendations of the BPR report;

(iv)                        the BPR should not be acted upon without reaching an agreement with the ITEF

(v)                          all Group C employees be provided with desktop computers to facilitate and speed up the functions entrusted to them immediately.

In consonance with the directive of the Conference the house decided to immediately mount a serious of agitational programme culminating in a one day strike in the second week of August, 2009.  The house also decided to get in touch with the leaders of ITGOA and various other organizations in the Revenue COC to build up a united platform for organizing and synchronizing the strike action.  The House also decided to organize a mass DHARNA and campaign tour by Sect. members to the Circle Headquarters in the month of July 2009.  In the month of August, 2009 prior to the one day strike Circle leaders will embark on campaign tour in the respective  circles.

 

Item No.5: Any other matter.

            On behalf of the Secretariat the Secy. General informed the house the nomination of the following comrades as Assistant Secretaries to the CHQ.

           

Com. D. Subbha  Reddy- Andhra Pradesh Circle

            Com. B.N.Chikkate – Vidharba Circle

            Com. D.P. Acharya – Orissa Circle

            Com. Mahesh Chand Misra – Eastern UP Circle

            Com. Ujjal Hore- Bengal Circle.

 

            On the suggestions made by the Secretariat, the house authorized the Secretariat to fill up the existing vacancies in the Sectt. By co-option after extensive consultation with all concerned.  The Secy. General informed the house that due to unavoidable domestic occupation, he would be able to go over the CHQ on foreign service only by January, 2010 and in the meantime, steps would be taken to get foreign service facility to one of the Sectt. Members immediately.

            Most of the members raised the issues concerning the Departmental Examination-2009 drawing the attention of the Sect. to the new rules circulated by the Directorate.  The Secretary General informed the house that the CHQ had already taken up this issue with the Directorate and a copy of the letter dated 15.06.2009 was circulated amongst the members.  The House approved the stand taken by the CHQ in this regard and requested the sect. to pursue the matter through negotiation and ensure that the examination 2009 is conducted on the existing pattern and rules.  It was also decided that in case the Board does not agree to the demand of the ITEF, this issue should figure prominently in the Charter of demand on which the CWC has decided to mount programme of action including strike.

            Several other issues were raised by the  members, most in the form of clarification and queries which was replied by the Secretary General. Among the Women members Com. Vidya Bodes(Mumbai), Com. Nirmala(Karnataka)  and Com. Meera Bai(TN) also raised certain points on general and Departmental issues.  A detailed note on these will be incorporated in the minutes of the meeting.

            On behalf of the Secretariat, Com. Amitava Dey, Additional Secretary profusely thanked the Gujarat Unit and the members of Daman and Vapi units of Gujarat circle for the excellent arrangements they have made for the conduct of the working committee meeting.

            With greetings,

 

Yours fraternally, 

(Ashok B Salunkhe)

Secretary General.

Circular letter No.ltef/09/2009

INCOME  TAX  EMPLOYEES  FEDERATION

        Manishinath Bhawan A/2/95 Rajouri Garden,New Delhi. 110 027.

www.itef.blogspot.com email: itefcentral@gmail.com.

Telefax. 2510 5321; 6543 1807

 

President: K.P. Rajagopal.                                    Secretary General: Ashok B Shalunke.

Itef/09/2009

Dated 5^th June, 2009

Dear Comrade,

 

                                    Departmental Examinations. Date of effect.

 

            The result of the Departmental Examination for ITOs and Inspectors has been released.  In the case of the Examination for Inspectors, as you are aware, we had been demanding that the pass percentage should be reduced to 45% in view of the decision taken last year by the Board in respect of ITOs Examination where the percentage marks for passing the said examination was reduced from 60 to 50.  We had also pointed out that under the new examination scheme, the pass percentage has been prescribed at 45% and in all fours the acceptance of our demands would be logical and right.  However, the Board stood with its earlier decision and did not concede this legitimate demand.  During the discussion, the DG(Admn) indicated that the Board would instead of reducing the pass percentage grant grace mark this year as it would be difficult to reverse its earlier decision.  We were under the impression that the Board would at least grant 5 marks in each Law Paper I, II and Book keeping.  We are not aware whether this understanding has been in fact implemented or not. 

 

            In the meantime, we have been informed by many Circles that the result for the Inspectors examination had been very poor this year. Before we take up this issue further, we would like to know the following information from you. Kindly treat this as important as often we do not get the needed data with the result we are not in a position to pursue the issue to its logical conclusion.  We want to know as to how many candidates did write the examination this year and of which how many wrote in the above three papers. i.e I.T Law I, II and Book keeping and how many did pass in those papers as also how many did pass the whole examination this year.  Kindly send this information by e mail or sms and also by post immediately as delay in the matter would bring about a fait accompli situation and the Board would not do anything to alleviate the difficulties. 

 

            We also send herewith a copy of the Directorate instruction issued in respect of the date of effect of the examination.  The Board has reversed its earlier decision that the last date of examination would the date for which advance increments are to be granted citing certain decision of the Court.  The Court decision has come about only for the reason that the Department had not indicated before the Court that they had issued the instruction on the effective date of examination in 1964 itself and there is no case for the applicant in this regard.  The failure on the part of the administration has resulted in the general application of a natural rule in the absence of the presentation of this decision by the Chief Commissioner of Income tax Orissa and later by the Board.  However, the redeeming factor in the present order is that a deeming effect has been given and if the declaration of results is delayed the same will be deemed to have been published on the Ist day of the Calendar year.  In other words, the date of effect of the examination henceforth will be the date of declaration of the results or Ist January of the next Calendar year in which the examination has been conducted whichever is earlier.  The loss for the employees will be in respect of grant of advance increment, which would not be available henceforth from the last date of the examination but only from the date of declaration of the result or Ist January, next calendar year whichever is earlier.  The Charges in which the DPC has been held up, the said instruction would pave the way for holding the DPC and consequent promotion. 

 

            Our last circular letter i.e. ITEF/08/2009 has not been placed on the website.  It has been e mailed to all of you on our common e mail domain of itefcentral_hq@sify.com whose pass word has already been communicated to all of you.  Kindly go through the same and send your considered views to the CHQ on the cadre review proposal immediately to formulate our draft submission for the consideration of the CWC meeting at Daman on 18^th and 19^th June, 2009.

 

            With greetings,

 

Yours fraternally,

Ashok Salunkhe.

Secretary General

Copy of the Directorate's letter dated 22.05.2009 is enclosed.

 

Directorate of Income Tax (IT)

Central Board of Direct Taxes

Department of Revenue

Ministry of Finance

New Delhi 110001

 

Dated :22.05.2009

F.No. OA-542/1995/CAT Cuttak/2002/DIT

 

To

            All Cadre Controlling Chief Commissioners of Income Tax,

            All CIT ( Incharge of exam) (By name)

 

Madam/ Sir

                                    Sub: Effective date of passing of Examinations- Instruction reg.

           

            In terms of CBDT Instructions F.No. A-32013/3/2000- Ad-VI dated. 18.07.2000, the date of passing Examination is reckoned from the last date of the Examination..

2.         The matter has been reconsidered in the light of decision of the Hon'ble orissa High Court in W.P.(C) .No. 224 of 2003 Dt. 31.10.2008 in the case of Union of India & Ors. Vs. Kishore Chandra Mohanthy & Ors. In the said judgement  Hon'ble Orissa High Court has also referred to the decision of the Hon'ble Supreme Court in UPSC Vs. Ajaya Kumar Das & Others [Civil Appeal No.6295 of 2001 dt. 10.09.01]

3.         Accordingly, it has been decided that henceforth, the effective date of passing Examination shall be the date of declaration of the result by the Directorate of Income Tax (IT) In the Case of ITO/ITI Examination. and by the CCIT/CIT (In-charge Examination.) in the case of MS Examination..

4.         However, in a case where the Examination is held in a particular calendar year and the result thereof is declared in any subsequent calendar year, the effective date of passing the Examination shall be deemed to be the 1^st of January of the calendar year in which the result has been declared.

5.         The above instruction shall operate prospectively 1.e with effect from Departmental Examination-2008 onwards.

 

          Yours faithfully           

Sd/=

(M.K.Chopra)

Asst.  Director of Income Tax (Examn.)

New Delhi