Monday, May 30, 2011

Income Tax-Notification regarding PAN furnishing for certain transactions

AMENDMENT IN RULE 114B OF THE INCOME-TAX RULES, 1962
Income-tax (Fifth) Amendment Rules, 2011 – Amendment in rule 114B
NOTIFICATION NO. 27/2011 [F. NO. 149/122/2010-SO(TPL)], DATED 26-5-2011

In exercise of the powers conferred by section 295 of the Income-tax Act, 1961 (43 of 1961), the Central Board of Direct Taxes hereby makes the following rules further to amend the Income-tax Rules, 1962, namely :—
1. (1) These rules may be called the Income-tax (Fifth Amendment) Rules, 2011.
    (2) They shall come into force on the 1st day of July, 2011.

2. In the Income-tax Rules, 1962, in rule 114B,—
    (i)  in the Explanation (a), in clause (k), for the words “tour operator” the words “tour operator, or to an authorized person as defined in clause (c) of section 2 of the Foreign Exchange Management Act, 1999 (42 of 1999)” shall be substituted.
   (ii)  in clause (l) for the words “for issue of a credit card” the words “for issue of a credit or debit card” shall be substituted.
   (iii)  after clause (p) and before the first proviso, the following clauses shall be inserted, namely :—
“(q)  payment of an amount aggregating fifty thousand rupees or more in a year as life insurance premium to an insurer as defined in clause (9) of section 2 of the Insurance Act, 1938 (4 of 1938);
(r)  payment to a dealer,—
(i)  of an amount of five lakh rupees or more at any one time; or
(ii)  against a bill for an amount of five lakh rupees or more,
for purchase of bullion or jewellery;”.

Service Tax-Notification No. 29/2011 Dated 25.04.2011

[TO BE PUBLISHED IN THE GAZETTE OF INDIA, EXTRAORDINARY, PART II, SECTION 3, SUBSECTION (i)] 
Government of India 
Ministry of Finance 
(Department of Revenue)  
                                                                                          New Delhi, the 25th April, 2011
Notification No. 29/2011 – Service Tax 

G.S.R. (E).- In exercise of the powers conferred by  clauses (A) and (B) of section 71of the Finance Act, 2011 ( 8 of 2011), the Central Government hereby appoints the 1st day of May 2011, as the date on which the provisions of the said Act shall come into force.

[F. No. 334/3/ 2011 – TRU]

(Sanjeev Kumar Singh)
Under Secretary to the Government of India

Service Tax-Notification No. 30/2011 Dated 25.04.2011

[TO BE PUBLISHED IN THE GAZETTE OF INDIA, EXTRAORDINARY, PART II, SECTION 3, SUBSECTION (i)] 
Government of India 
Ministry of Finance 
(Department of Revenue)  
New Delhi, the 25th April, 2011
Notification No.31/2011 – Service Tax 

G.S.R. (E).- In exercise of the powers conferred by sub-section (1) of section 93 of the of the Finance Act, 1994 (32 of 1994) (hereinafter referred to as the said Act), the Central Government, on  being satisfied that it is necessary in the public interest so to do, hereby exempts the taxable service as  referred to in sub-clause (zzzzw) of clause (105) of section 65 of the said Act, when the declared tariff for  providing of such  accommodation is less than rupees 1000 per day from the whole of the service tax  leviable thereon under section 66 of the said Act.

Explanation.- For the purpose of this notification, “declared tariff” includes charges for all amenities  provided in the unit of accommodation like furniture, air-conditioner, refrigerators etc., but does not  include any discount offered on the published charges for such unit.

2. This notification shall come into force on the 1st day of May, 2011.
[F. No. 334/3/2011-TRU]
(Sanjeev Kumar Singh)
                                          Under Secretary to the Government of India 

Service Tax-Notification No. 32/2011 Dated 25.04.2011

TO BE PUBLISHED IN THE GAZETTE OF INDIA, EXTRAORDINARY, PART II, SECTION 3, SUBSECTION (i)] 
Government of India 
Ministry of Finance 
(Department of Revenue)
  
                                                                                                                New Delhi, the 25th April, 2011
Notification No.32/2011 – Service Tax 

G.S.R. -(E).-  In exercise of the powers conferred by sub-section (1) of section 93 of the Finance  Act, 1994 (32 of 1994), the Central Government, on being satisfied that it is necessary in the public  interest so to do, hereby rescinds the notification of the Government of India in the Ministry of Finance  (Department of Revenue) No.25/2006-Service Tax, dated the 13th July, 2006, published in the Gazette of  India, Extraordinary, Part II, Section3, Sub-section (i) vide number G.S.R. 418(E) dated the 13th July, 
2006, except as respects things done or omitted to be done before such rescission.

2. This notification shall come into force on the 1st day of May, 2011.
[F. No. 334/3/ 2011 – TRU]


(Sanjeev Kumar Singh)
Under Secretary to the Government of India

Service Tax-Notification No. 33/2011 Dated 25.04.2011

[TO BE PUBLISHED IN THE GAZETTE OF INDIA, EXTRAORDINARY, PART II, SECTION 3, SUBSECTION (i)] 
Government of India 
Ministry of Finance 
(Department of Revenue)  
New Delhi, the 25th April, 2011
Notification No.33/2011 – Service Tax 

G.S.R. (E)  - In exercise of the power conferred by sub-section (1) of section 93 of the Finance Act, 1994 (32 of 1994), the Central Government on being satisfied that it is necessary in the public interest so to do, hereby exempt,-

(i) any preschool coaching and training;
(ii) any coaching or training leading to grant of a certificate  or diploma or degree or any educational  qualification which is recognised by any law for the  time being in force; when provided by any commercial coaching or training centre from the whole of the service tax leviable thereon under section 66 of the Finance Act, 1994.

2. This notification shall come into force on the 1st day of May, 2011.

[F. No. 334/3/ 2011 – TRU]

(Sanjeev Kumar Singh)
Under Secretary to the Government of India

Service Tax-Notification No. 34/2011 Dated 25.04.2011

[TO BE PUBLISHED IN THE GAZETTE OF INDIA, EXTRAORDINARY, PART II, SECTION 3, SUBSECTION (i)] 
Government of India 
Ministry of Finance 
(Department of Revenue)  
New Delhi, the 25th April, 2011
 
Notification No.34/2011 – Service Tax 

G.S.R. (E).- In exercise of the powers conferred by sub-section (1) of section 93 of the Finance Act, 1994 (32 of 1994), the Central Government, on being satisfied that it is necessary in the public  interest so to do, hereby makes the following further amendments in the notification of the Government of  India in the Ministry of Finance (Department of Revenue), No. 1/2006-Service Tax, dated the 1st March, 2006, published in the Gazette of India, vide number G.S.R.115(E), dated the 1st March, 2006, with effect  from the 1st day of May 2011 namely:-

2. In the said notification, in the Table, after S.No.12 and the entries relating thereto, the following 
S.No. and the entries shall be inserted, namely:-
                                                                                  TABLE
  
[F. No. 334/3/2011-TRU]

(Sanjeev Kumar Singh)
                                          Under Secretary to the Government of India 

Note.-    The principal rules were notified vide notification no. 1/2006-Service Tax, dated the 1st March, 2006, published in the Gazette of India, Extraordinary vide Number G.S.R. 115(E), dated the 1st March, 2006 and last amended vide notification No.16/2011-Service Tax, dated the 1st March, 2011, published on the Gazette of India vide Number G.S.R.116 (E), dated the 1st March, 2011.

Service Tax-Circular No. 143/12/2011 ST Dated 26th May, 2011

F.No.332/37/2010-TRU
Government of India
Ministry of Finance
Department of Revenue
Central Board of Excise and Customs
Tax Research Unit
North Block, New Delhi
26th May, 2011
To
            Chief Commissioners of Central Excise and Service Tax (All),
            Director General (Service Tax),
            Director General (Central Excise Intelligence),        
            Director General (Audit),
            Commissioners of Service Tax (All),
            Commissioners of Central Excise and Service Tax (All).

Madam/Sir,

            Subject: - processing for or on behalf of client, in relation to agriculture – causing sale or purchase of agricultural produce -- reg.
             
            Representations have been received that client processing of tobacco involving threshing and drying of tobacco leaves and client processing of raw cashew involving roasting/drying, shelling and peeling of raw cashew to recover kernel, are considered by the field formations as not falling within the meaning of the expression “in relation to agriculture” appearing in notification 14/2004-ST (as amended) dated 10th September, 2004, resulting in avoidable disputes and litigation.

2.         These representations have been examined. In the cases represented, the agricultural produce namely tobacco or raw cashew, which are subject to client processing retains their essential characteristics at the output stage and therefore the processes undertaken on or behalf of client should be considered as covered by the expression ‘in relation to agriculture’. Client processing which falls under business auxiliary service undertaken on the primary agricultural produce namely tobacco or raw cashew, does not result in any change in their essential character of tobacco or cashew. In the light of the above principle (i) process of threshing and drying of tobacco leaves and thereafter packing the same and (ii) processing of raw cashew and recovering kernel, undertaken for, or on behalf of, the clients by processing units are covered by the expression “... processing of goods for, or on behalf of, the client.....and provided in relation to agriculture,...” appearing in the said notification.

3.         Also where the commission agents stationed abroad provide business auxiliary service to promote the export of rice, said business auxiliary service is covered by  notification 13/2003-ST(as amended) because, the word ‘rice’ is mentioned under the explanation to the term ‘agricultural produce’, in the inclusive portion along with other items like cereals, pulses, etc.

4.         Trade Notice/Public Notice may be issued to the field formations accordingly.

5.         Please acknowledge the receipt of this circular. Hindi version to follow.
Samar Nanda)
Under Secretary, TRU
Tel: 011-23092037

Due Dates

Important Due Dates on particular points are given as under :-


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Laying of Annual Reports of the Central Information Commission before the Houses of Parliament

No.4/8/2011-IR
Government of India
Ministry of Personnel, Public Grievances & Pensions
Department of Personnel & Training
North Block, New Delhi
Dated: 20th May, 2011
OFFICE MEMORADUM
Subject: Laying of Annual Reports of the Central Information Commission before the Houses of Parliament.
The undersigned is directed to refer to Section 25 of the Right to Information Act, 2005 which provides that the Central Information Commission shall prepare a report on the implementation of the provisions of the Act each year, which the Central Government would lay before each House of Parliament. Each Ministry/Department is responsible to ensure that necessary information in relation to preparation of the Report is sent to the Central Information Commission by all public authorities within its jurisdiction in time. The Central Information Commission has developed a web based system through which the public authorities may upload the Annual Return on the website of the Commission direct. The software developed by the Commission is known as the RTI Annual Report Information System which is accessible on the website http://www.cic.gov.in/. The information has to be posted on quarterly basis.
2. It has been observed that a number of public authorities do not upload the Annual Return in time on the system. It results in the delay of the preparation of the Annual Report and consequently in laying the Report before the Houses of the Parliament.
3. All the Ministries/Departments are requested to ensure that the quarterly returns of all public authorities under their jurisdiction is uploaded on the Annual Report Information System referred to above in time every year. The final Return for the year should be uploaded latest by the 15th April of the subsequent financial year. The public authorities who have not uploaded their final returns in respect of the year 2010-11 may upload the same on the website latest by 30th June, 2011.
4. It has also been brought to the notice of this Department that some Ministries/Departments have not registered all the public authorities under their jurisdiction with the Central Information Commission. It results into non-inclusion of the complete information in the Annuai Report. All the Ministries / Departments are requested to ensure that all public authorities under their jurisdiction are registered with the Commission and they all post requisite information on the website referred to above regularly.
(K.G. Verma)
Director

Harmonization of fee payable under the Right to Information Act, 2005

No.F.1/5/2011-IR
Government of India
Ministry of Personnel. PG & Pension
Department of Personnel & Training
North Block, New Delhi
Dated April 26, 2011
To
1. The Chief Secretaries of all States/UTs (except J&K)
2. The Registrars of oil High Courts
3. The Registrar of the Supreme Court
Subject:- Harmonization of fee payable under the Right to Information Act, 2005.
Sir,
   Sections 27 and 28 of the Right to Information Act, 2005 empower the appropriate Governments and the Competent Authorities to make rules to prescribe,inter-alia, the fees payable under the Act, In exercise of the powers, the Central Government, State Governments, High Courts etc, have notified rules. It has been observed that the fee prescribed by different appropriate Governments/Competent Authorities is at great variance.
   2. The 2nd Administrative Reforms Commission has, in this regard recommended that the States should frame Rules regarding application fee in harmony with the Central Rules and ensure that the fee should not become a disincentive for using the right to information.
   3. All the States/Competent Authorities ore, therefore, requested to kindly review their Fee Rules and to prescribe fee in consonance with the fee prescribed by the Government of India. A copy of the Right to information (Regulation of Fee and Cost) Rules, 2005 notified by the Government of India is enclosed for ready reference.
   4. Kindly inform us of the action taken in this regard.
Yours faithfully,
sd/-
(K.G. Verma)
Director


Source: http://www.persmin.nic.in/
(http://persmin.gov.in/WriteReadData/CircularPortal/D2/D02rti/1_5_2011-IR26042011.pdf)

RBI asks banks to reimburse failed ATM transactions in 7 days

The Reserve Bank on Friday directed banks to reimburse customers for amounts wrongfully debited from their accounts in failed ATM transactions within seven days of an account holder’s complaint or else pay a Rs.100 per day compensation.
"The time limit for resolution of customer complaints by the issuing banks shall stand reduced from 12 working days to seven working days from the date of receipt of customer complaint," the RBI said in a notification.
 
Failure to re-credit the amount within seven working days will require the issuing bank to pay a compensation of Rs 100 per day, it said.
 
Earlier, banks were required to reimburse customers for amounts wrongfully debited from their accounts in failed ATM transactions within 12 days.
 
The RBI further said that all customers are entitled to receive such compensation for delays only if a claim is lodged with the issuing bank within 30 days of the date of transaction.
 
The directive shall be come into effect from 1st July, 2011.
 
The central bank instructed the issuing bank and the acquiring bank to settle failed ATM transaction disputes through the ATM system provider only.
 
"No bilateral settlement arrangement outside the dispute resolution mechanism available with the system provided is possible," RBI said.
 
This measure is intended to reduce instances of disputes in payment of compensation between the issuing and acquiring banks, it added.
Source : DDI NEWS

National Pension Scheme gives mixed bag of returns

National Pension Scheme gives mixed bag of returns  
In a year when Employees’ Provident Fund gave a 9.5 per cent return and an over 8 per cent inflation rate ate into much of people’s income, the New Pension Scheme gave a mixed bag of results. Rising interest rates and volatile stock markets have impacted its returns in 2010-11 but, since inception, the NPS has managed to do better.
The performance review of fund managers for 2010-11 by the Pension Fund Regulatory and Development Authority has revealed that NPS for private citizens has managed to give higher returns than NPS for government employees.
Central government employees in NPS earned a return of 8.05 per cent to 8.45 per cent, much below the weighted average of 9.7 per cent in 2009-10. While UTI gave the highest return of 8.45 per cent, SBI gave the lowest return of 8.05 per cent. However, returns for state government employees in NPS was much higher, which ranged between 11.34 per cent and 9.88 per cent.
“It is about timing your investments as well as exposure to instruments,” said a PFRDA official. Central government employees who joined the service after 2004 are mandated to be part of NPS, which allows up to 15 per cent of the total corpus to be invested in equities, while the rest in corporate debt and government securities.
Private citizens, who were allowed to join the scheme from May 2009 can invest 50 per cent of their portfolio in equities and the rest in government securities and corporate bonds via one of the six fund managers — UTI Retirement Solutions, SBI, ICICI Prudential Life Insurance, Reliance Capital, IDFC AMC and Kotak Mahindra AMC.
Surprisingly, it is not equities but corporate bonds that was the top performer in the past one year.
“Equities have been the most volatile in the past one year, so corporate bonds and G-secs have given a higher return,” said Balram Bhagat, CEO, UTI Retirement Solutions, which was the top performing fund manager for NPS for central government, state government and the low cost NPS Lite.
The fund managers gave returns between 8.05 per cent (SBI) to 11.89 per cent (Kotak) for equities, which was a tad higher than the average return of 11.14 per cent from Nifty and 10.94 per cent from the Sensex. Equities as a class of investment, however, has given as high as a 17.85 per cent (ICICI) return since NPS was launched two years ago.
However, the usually staid and low-risk, low-return bonds and securities proved to be the dark horse, although PFRDA officials said that high interest rate regime has hit bond yields. Corporate bond yielded returns varying between 12.66 per cent (SBI) and 6.26 per cent (IDFC). G-secs have also given handsome returns. While UTI gave 12.52 percent, SBI gave 12.25 per cent. The lowest performer was IDFC with a return of 6.97 per cent in 2010-11.
PFRDA officials however cautioned that returns would be higher over a period of time as NPS corpus grows. The total corpus for central government employees is Rs 6,400 crore and for those of state is Rs 1,200 crore. The private sector contributed Rs 80 crore to the scheme.
source: Indian Express

Strengthening Implementation of the Right to Information Act, 2005.

No.4/10/2011-IR
Government of India
Ministry of Personnel, Public Grievances & Pensions
Department of Personnel & Training
North Block, New Delhi
Dated; 18th May, 2011
OFFICE MEMORANDUM
    Subject:             Strengthening Implementation of the Right to Information Act, 2005.
***
   Central Chief Information Commissioner has made a reference to the Cabinet Secretary making several suggestions for effective implementation of the Right to Information Act, 2005. It has been decided in consultation with the Cabinet Secretariat that following actions shall be undertaken by all Ministries / Departments/Attached Offices, PSUs of Central Government to Strengthen the implementation of the RTI Act:
     a) In the Annual reports of the Central Ministries / Departments and other attached/subordinate offices PSUs, a separate chapter shall be included regarding implementation of the RTI Act in their respective offices. This chapter should detail the number of RTI applications received and disposed off during the year, including number of cases in which the information was denied. In addition to the above, efforts made to improve the implementation of the Act in their respective offices, including any innovative measures that have been undertaken, should also be listed. This is to be ensured for Annual reports for the year 2011-12 onwards.
     b) Each Ministry/Department should organize at least a half day training programme for all CPIOs/Appellate Authorities (AAs) every year to sensitize them about their role in implementation of the RTI Act. The concerned Ministries/Departments shall ensure that similar programmes are organized for all CPIOs/AAs of all attached/subordinate offices and PSUs under their control as well.
     c) All public authorities who have a web site shall publish the details of monthly receipts and disposal of RTI applications on the websites. This should be implemented within 10 days of the close of the month. Ministries/Departments would ensure that these instructions are communicated to their attached/subordinate offices as well as PSUs immediately. Monthly reporting on the above pattern should begin latest by 10th July, 2011 for the month of June, 2011 and thereafter continue on a regular basis.
   2. All the Ministries/Departments are requested to take action as above and also to ensure that these instructions are communicated to their attached and subordinate offices PSUs for compliance.
sd/-
(K.G.Verma)
Director
Source: http://www.persmin.nic.in/
Web page address : http://persmin.gov.in/WriteReadData/CircularPortal/D2/D02rti/4_10_2011-IR18052011.pdf

Friday, May 27, 2011

Proud to be a fan of Sachin

"I want my son to become Sachin Tendulkar." – Brian Lara (West Indies)

"we did not lose to a team called India, we lost to a man called Sachin'' – Mark Taylor(aus)

 

'Nothing bad can happen to us if we were on a plane in India wit Sachin Tendulkar on it.''-Hashim Amla(SA)

 

:D''He can play that leg glance with a walking stick also.-Waqar Younis(Pak)

 

:P''There are two kind of batsman in the world. 1 Sachin Tendulkar and 2. all the others .- Andy Flower(ZIM)

 

"I have seen God. He bats at no.4 for India in tests.- Matthew Hayden (Australia)

 

"I see myself when i see Sachin batting.- Don Bradman  (Australia)

 

;)"Do your crime when Sachin is batting, because even God is busy watching his batting. – An Australian Fan

 

Barack Obama – "I don't know about cricket but still I watch cricket to see Sachin play..Not because I love his play its because I want to know the reason why my country's production goes down by 5 percent when he's in batting"…

CBEC Cadre Restructure Cleared by Expenditure – More than 3000 New ACs

MAYBE the first issue that the CBEC Chairman took up immediately after his return from a foreign trip, was the much awaited (by officers) cadre review. He successfully got it cleared by the Expenditure Department and now the file will go the FM, DOPT and Cabinet. As Expenditure had approved the scheme, the other approvals will be a mere formality, which hopefully should not take a long time.
As per the proposal, the Chairman and Members of CBEC will no more be ex-cadre posts; they will be in-cadre! This should dispel any apprehension about any take-over of the Board by the IAS.
There will be 23 new posts of Principal Chief Commissioner in the HAG+ scale. There will be 72 Chief Commissioners compared to the existing 43. The strength of Commissioners is to be increased to 465 from the existing 295. There are 593 Additional Commissioner/Joint Commissioner posts which will swell to 1026.
At present there are 1550 Assistant Commissioner/Deputy Commissioner posts and this strength will go up to 4896 bringing in 3346. There is going to be 100 percent increase in the strength of Sr. PS, LDC, Drivers and Sepoy. The strength of the Head Havildar is to be increased to 4117 from 2139.

Update: 27.05.2011 (12.00 hrs)

As reported by reliable sources from association side, it is believed that the proposed increase in the strength of Inspector and Superintendent cadres (10,941 and 7637 respectively) has been approved as such.  The following is the gist of Cadre restructure Proposal
Go to gist of Cadre Restructure Proposal in CBEC
Go to Comments on Cadre Restructure Proposal in CBEC

Govt allows PB-3 5400 to Senior Group B officers

This is how this issue could be explained – The matter which is apparent from the straight interpretation of CCS (Revised Pay) Rules, 2008 has at last been settled after almost 3 years on account of wrong interpretation at PAO and field level.
After a great struggle by certain individual officers in an attempt to make the administration to interpret the pay rules in a correct manner, which also include a legal battle before CAT, Ministry of Finance, Department of Revenue, Central board of Excise and Customs has finally accepted the officers plea and decided to allow Grade Pay of 5400 in PB-3 for the Group B Officers (Superintendents of Customs, Superintendent of Central Excise and Appraisers) who were fixed with pre-revised Scale of pay of 8000- 275-13500 as financial upgradation in the promotional hierarchy under ACP Scheme on or before 31.08.2008
This decision has been communicated in the letter F.No: A.23011/29/2010-Ad-IIA dated 20.05.2011
The decision of CBEC in this matter is reproduced below:
I am directed to say that the board is in receipt of various reference from the cadre controlling chief Commissioners/Directors General seeking clarification on grant of grade pay of Rs.5400 in PB-2 or PB-3 on financial upgradation under ACP Scheme. Some individual officers have also approached Court of law for the redressal of their perceived Grievances in this regard
2. The matter has been examined in the board in consultation with the Department of Expenditure/Department of Personnel and Training. Prior to introduction of MACP Scheme, the benefits of 1st /2nd financial up-gradation under The ACP Scheme of August 1999, used to be granted in the promotional hierarchy. The ACP Scheme came into operation w.e.f 9.8.1999. The eligible officers were being allowed the benefits of ACPS w.e.f 9.8.99 or completion of 12 and 24 years of regular service. The Benefits of ACP Scheme of August 1999 had been allowed till 31.08.2008. However, as per the recommendations of 6th CPC, three financial up-gradations have been allowed under MACPS w.e.f 1.9.2008 or on completion of 10,20 and 30 years of continuous regular service. The upgradation is granted in the immediate next higher grade pay as prescribed in the CCS (RP) Rules, 2008. If an officer gets promotion in the normal course during the relevant period that would be taken into account while determining his eligibility for grant of MACP at a particular stage i.e 1st,2nd, 3rd.
3. The new pay structure on the recommendations 6th CPC has been made effective w.e.f 1.1.2006 vide department of expenditure's notification dated 29.08.2008. the benefits of financial upgradation in the promotional hierarchy under the ACPS had however,been allowed in the revised pay structure during the period between 01.01.2006and 31.08.2008 in terms of clarification given on point of doubt No:3 of Annexure of DOPT's Om dated 9.9.2010.
4. Further, the benefits of ACPS of August 1999 had been allowed till 31.08.2008 and only functional promotion(s) is/are counted for the purpose of scheme. Besides, there is no provisions for counting 'Non-functional scale' for the purpose of ACP scheme.
5. In view of above facts and circumstances, there would be no effect on grant of 'Non-functional Scale' in PB-2 with grade pay of Rs.5400 during the period between 1.1.2006 to 31.08.2008, as the same is not counted under ACPS and it would not be offset against financial upgradation under scheme. However, in terms of para 8.1 of Annexure of MACPS financial up-gradation granted in the grade pay of Rs.5400 in PB-2 and PB-3 would be counted separate up-gradation and would be offset against financial upgradation under the scheme.
6. The Hon'ble CAT, Madras Bench vide its judgment and order passed on 9.3.2011 in Bunch of O.As No: 821,930 931 and 1098 of 2010 filed by Shri.S.Ramachandran, Superintendent of Central Excise (Retd) and Others Vs UOI and others has inter-alia held that the applicants are entitled to have the pay scale of Pay Band 3 i.e Rs.15600-39100 with Grade pay of Rs.5400 as the replacement pay scale to the pre-revised scale of Rs.8000-275-13500 which was granted to them as financial upgradation under the ACP Scheme. i.e the scale of pay of the post in the promotional hierarchy.
7. In view of the facts and circumstances explained above, it is hereby clarified that the officers working in the offices under the Central Board of Excise and Customs (CBEC) who have been granted the pre-revised scale of pay of Rs. 8000-275-13500 as financial upgradation in the promotional hierarchy under the ACP Scheme on or before 31.08.2008, may be granted the pay scale in Pay Band 3 i.e Rs.15,600-39100 with grade pay of Rs.5400 as per the 6th CPC replacement pay.

Conclusion of Special Recruitment Drive launched for filling up the backlog reserved vacancies of SCs, STs and OBCs

o.36038/1/2008-Estt.(Res.)
Government of India
Ministry of Personnel, Public Grievances and Pensions
Department of Personnel and Training
*****

North Block, New Delhi
Dated: 16th May 2011
OFFICE MEMORANDUM
Subject:  Conclusion of Special Recruitment Drive launched for filling up the backlog reserved vacancies of SCs, STs and OBCs.
***
             The undersigned is directed to refer to this Department’s OM of even number dated 19.11.2008 whereby a Special Recruitment Drive for filling up the backlog reserved vacancies of SCs, STs and OBCs was launched. It was stipulated that all the backlog vacancies existing in the Ministries/Departments and its Attached Offices/Subordinate Offices/Public Sector Undertakings/Autonomous Bodies etc. as on 1.11.2008 shall be filled up by 30.6.2009. It could, however, not happen. The Drive was, therefore, extended upto 30th June 2011 vide OM of even no dated 30.12.2010 and all the Ministries/Departments were requested to make concerted efforts to fill up the backlog reserved vacancies which had remained unfilled till then during the extended period of the Drive.
2.       In view of the fact the drive would conclude on 30.06.2011, it is requested that earnest efforts be made to fill up all the identified backlog vacancies by the said date.
3.       All Ministries/Departments are required to submit the progress of the drive to this Department, in proformae already prescribed earlier, in respect of the Ministry/Department and all its attached/ subordinate offices and autonomous/public sector undertakings by 20.07.2011.
4.      It may be noted that progress of the drive is to be submitted to the Cabinet immediately on completion of the drive and as such it would be important that complete and up to date information is sent to this Department by the above date so that correct progress may be reported to the Cabinet, for which Ministry/Department would be responsible.

(K.G.Verma)
Director

Conclusion of Special Recruitment Drive launched for filling up the backlog reserved vacancies of Persons with Disabilities

No.36038/2/2008-Estt.(Res)
Government of India
Ministry of Personnel, PG & Pensions
Department of Personnel & Training
Dated 26.5.2011
North Block, New Delhi

CORRIGENDUM

Subject : Conclusion of Special Recruitment Drive launched for filling up the backlog reserved vacancies of Persons with Disabilities.

The first sentence of this Department’s OM of even no. dated 19.5 2011 may be replaced by the following.
The undersigned is directed to refer to this Department’s OM of even number dated 27.11.2009 whereby a Special Recruitment Drive for filling up the backlog reserved vacancies of Persons with Disabilities was launched”.

(K G.Verma)
Director (Res)


Extending concession in Rail fares admissible to Orthopaedically/paraplegic persons in Rajdhani / Shatadbi trains…

Ministry of Railways Issues Notification for Extending Concession to Orthopaedically Handicapped / Paraplegic Persons in Rajdhani andShatabdi Trains
The New Facility to be Effective from 1st June, 2011 
Ministry of Railways has issued a notification for extending the concession in Rail fares admissible to Orthopaedically/paraplegic persons in Rajdhani / Shatadbi trains also. This comes as a follow up to the announcement made in Railways Minister’s Budget speech for 2011-12 on 25th February, 2011.  
Accordingly, Orthopaedically handicapped/paraplegic persons who cannot travel without the assistance of escort are eligible for 25 per cent concession in 3-AC & AC Chair Car in all inclusive fares of Rajdhani and Shatabdi trains. The same concession will also be admissible to one escort accompanying the concerned handicapped person.  
There is no change in other terms and conditions.
The concession will be effective on tickets purchased on or after 01.06.2011. In case of tickets already issued for travel on & after 01.06.2011 refund or difference of fares will not be admissible.

Source: PIB

CENSUS OF CENTRAL GOVERNMENT EMPLOYEES

CENSUS OF CENTRAL GOVERNMENT EMPLOYEES
(AS ON 31st March, 2006)
REGULAR CENTRAL GOVERNMENT EMPLOYMENT IN MAJOR MINISTRIES AS ON 31ST MARCH, 2006

1. Railways =  14,12,435 (45.32%)
2. Home Affairs =  6,91,814 (22.20%)
3. Defence (Civilian) = 3,53,741(11.35%)
4. Communications & IT = 2,41,618 (7.75%)
5. Finance = 1,12,700 (3.62%)
6. Others  = 3,04,029 (9.76%)
TOTAL  = 31,16,337 (100%)
The Ministry of Railways has a major share (45.32%) of the total regular Central Government employees followed by Ministries of Home Affairs (22.20%), Defence (civilian) (11.35%), Communications & IT (7.75%) and Finance (3.62%).
These five Ministries taken together accounted for 90% of the total Central Government employment. The residual employment (about 10%) was shared by all the remaining Ministries/Departments of the Central Government.

HIGHLIGHTS
(1). As per the result of Census Enquiries, the total regular employment under Central Government as on 31st March, 2006  was 31.16 lakh as against 31.64 lakh  on 31st March, 2004.  The employment has, thus, recorded a decline of 1.52% in 2006 over 2004.
(2). Employment in Ministry of Railways was the highest (45.32%) followed by the Ministry of Home Affairs (22.20%), Defence civilian (11.35%), Communications & IT (7.75%) and Finance (3.62%).  Other Ministries/Departments collectively shared the rest of 9.76% of the total Central Government regular employment.
(3). Out of 31.16 lakh regular employees, 3.20 lakh were women.  The proportion of women in the total employment shows an increasing trend.  It is 10.28% in 2006 against 7.53% in 2001 and 9.68% in 2004 and thereby indicating empowerment of women.
(4). About 96% of regular Central Government employees were Non-Gazetted.  The overall ratio of Gazetted to Non-Gazetted employees was 1:22.  In Ministry of Railways, ratio, however, was 1:116.
(5). Amongst regular Central Government employees,  57.80% were holding Group-‘C’ posts and 30.62% were in Group-‘D’ posts.  8.63% were holding Group-‘B’ posts whereas employees holding Group –‘A’ posts were only 2.95%.
(6). About 21.13% of the regular Central Government employees were found to be in pay range of Rs. 3500-4499/- and only 0.47% employees were in highest bracket of pay range with drawing basic pay of Rs. 18,400/- & above.
(7). Amongst regular Central Government employees,  15.66% were working at offices located in ‘A-1’ class cities, 11.10% in ‘A’ class cities, 4.61% in B-I class cities and 15.31% in B-2 class cities. The percentage of employees in ‘C’ class and other unclassified cities was 53.32%.
(8). Amongst  States and Union Territory Administrations, the highest number of regular Central Government employees was in the State of West Bengal (11.23%) followed by Uttar Pradesh (9.97%), Maharashtra (9.65%), Delhi (6.61%), Andhra Pradesh (6.44%) and Tamil Nadu (4.66%).  In remaining States/U.Ts the proportion was less than 4%.

Source: CGStaffnews

Grant of Overtime Allowance to Railway employees consequent upon revision of pay scales and allowances

GOVERNMENT OF INDIA
MINISTRY OF RAILWAYS
(Raiway Board)
  
S.No.PC-VI/260                                                                                                                 RBE No.72 / 2011


No.PC-V/2008/A/O/3(OTA)                                                                                  New Delhi, dated 20/05/2011

The General Managers
All Indian Railways and Production Units
(as per mailing list)

Subject : Grant of Overtime Allowance to Railway employees consequent upon revision of pay scales and allowances - date of effect.

1. The issue of revising the date of effect of OTA w.e.f. 01.01.2006 instead of 01.9.2008 (as communciated vide para 3 of Board's letter of even number dated 17.2.2010), as demanded vide item no.24/2010 in DC/JCM, has been considered by the Board. It has been decided to revise the date of effect of OTA as 01.01.2006. It is however clarified that the basic pay and DA element for the purpose of OTA shall be revised w.e.f.01.01.2006 and other elements constituting emolument for the purpose of OTA viz. HRA and Tarnsport Allowance etc. shall be taken into account at revised rates w.e.f.01.09.2008 as per the Sixth CPC recommendations.

2. This has the approval of Finance Directorate of Ministry of Railways.

3. Hindi version will follow.

 

sd/-
(N.P.singh)
Deputy Director. Paay Commission-V
Raiway Board.



Click here to view the Original Order

Important Instructions for ITR-1 Sahaj Form for Salaried Employees

Friends,  Before filing online or Manual ITR-1 SAHAJ Form, everyone should read the below instructions.   Many times we feel that we know everything, but there may be new things in instructions.   I have also read the instructions carefully  and found that option for selection of Assessee's Category like as Man or Women should be filled instead of right tick in marked circle.   Keeping in view such things, I feel it is mandatory to read  all  below instructions carefully before submitting any return with the Income Tax Department. 

To Download the ITR Forms for Assessment Year (click here)

Thursday, May 26, 2011

PROTEST AGAINST NEW PENSION BILL

PROTEST AGAINST NEW PENSION BILL New Bill: UPA-II Government introduced the Pension Fund Regulatory and Development Bill on 24.3.2011 in Lok Sabha. This bill seeks to legalize the New Pension System implemented in Central Government and Railways w.e.f. 1.1.2004 by an executive notification.
The introduction itself has to be approved by a majority of MPs present in the Lok Sabha. The Congress wanted to pass the same with a voice vote. But Shri.Basudeb Achariya, MP and leader of CPI(M) in Lok Sabha, demanded division of votes in support and against. There were only 159 members present at the time of introduction. If only UPA-II allies were present to vote the introduction of bill would have been defeated. This being a finance bill if defeated Government will have to resign. Afraid of this consequence the Congress sought the support of BJP. The BJP came to the rescue of Congress and supported the bill.   Because, the New Pension System itself was introduced by the BJP in the year 2003 and was continued the same by the Congress later on. Out of the159 present 115 MPs supported and 43 opposed. The introduction of the Bill was approved by the Lok Sabha.   This does not mean the Bill is passed. It has to be passed by both the houses after full discussion. , and then only it will become an Act.  
The Congress and the BJP have been behaving as if they were rat and mouse in all other issues. But in the issue of New Pension - an anti-worker bill- both are one.
The NRMS an affiliate of BRMS and BMS belonging to BJP leaders should explain its stand.
NEW PENSION SYSTEM   
Those who are appointed w.e.f. 1.1.2004 are not eligible for [pension, commutation of pension, Family pension, Gratuity, PF. They are governed by New Pension System. Minimum pension of Rs.3500 does not apply to them since minimum pension is not guaranteed. The pension will not increase every time price increases [DA or Pay Commission is implemented]
 
INVESTMENT IN SHARE MARKET       
Every month 10% of Pay and DA including 30% of Running Allowance will be deducted and Government will grant equal amount. There is no interest for the amount as is for PF. The amount will be transferred to the trustee bank, Bank of India appointment by interim PFRDA [Pension Fund Regulatory and Development Authority]. They have also appointed three Pension Fund Managers. They are SBI Pension Fund Pvt., Ltd,  LIC Pension Fund Pvt., Ltd and UTI Retirement Solutions. All the three by their name seem to be government owned, but infact they are private bodies. They will invest the money in share market and bonds of firms which may be Government or private. At-present 15% has been invested in share market and 85% in bonds. If the bill is passed then 50% to 100% of Pension Fund will be invested in share market.
NO ASSURANCE:      
The PFRDA has announced that “there is no assurance or guarantee that the investment objectives will be achieved.” “The fund may increase or fall,” “there are several risks including the LOSS OF PRINCIPAL”.   
When one retires at 60 years of age he will get 60% for his use. He has to invest balance 40% in an insurance company purchasing an annuity. If he retires before the age of 60 he will get only 20% and balance 80% has to be invested in an annuity. That company will invest the money in share market and give pension according to the returns.
AMERICAN EXPERIENCE
In America in the recent market crises $ 3 lakh crores of retired employees was wiped out. They are in the street.      
If a person is wealthy and has everything for his life guaranteed there is no objection to play the gamble with some amount. The pension is the bread and butter of the retired employee. It cannot be left to the vagaries of market risks including the LOSS OF PRINCIPAL.

ANNUITY SCHEME NOT FOR FAMILY        
The Government Notification says the annuity will provide pension for the family. But Akshay-VI, an LIC annuity scheme does not guarantee any family pension. If a retired employee invests Rs.5 Lakhs he will get only Rs.5,000/ every month. No commutation, no DA. No increase whenever Pay Commission is implemented. Whenever market affected he wo’n’t get even this Rs.5,000. After the death the pension ends. Family will get nothing. Rs.5 lakhs invested will be lost.       
If the employee dies or becomes disabled during service, in the old system, there is family pension, Gratuity or disability pension. After struggles the Government has agreed to extend these facilities to those covered by the New Pension also. But only temporarily. If the bill is passed this will also go.
EXPENDITURE…?     
They say that pension expenditure is the reason for the government to hand-over this to private. Even before introduction of Pension in Railways, before 1957, there was Contributory PF Scheme in which Government gave its contribution equal to the employees’ contribution. Only in place of Government Contribution Pension was introduced.. In place of Special Contribution the Death Cum Retirement Gratuity was introduced. Even in the New Pension System there is Government Contribution.. Instead of taking that and paying pension Government is handing over both the contributions to private without the willingness of the employees. This is authoritarian in nature. At the same time withdrawing the right of Gratuity is also against the Gratuity Act.

Gayathri Committee      
The Gayathri Committee [Bangalore] appointed by VI Pay Commission has clearly questioned the expenditure aspect. It says that 54% of pension expenditure is for “Defence”. They have been exempted from the New Pension System. For Railways there is a separate fund allocated in every budget and therefore there is no expenditure for the Government.       
The ratio of Government expenditure for salaries and pension to GDP was 2.7 in 1960 and has come down to 1.8 in 2004-05. This will further come down to 0.54 in 2027-28 according to Gayathri Committee Report [Bangalore].       
The reason is not expenditure, but ideology. They are anti-working class and pro-capitalism. They are pro-liberalization, privatization and globalization.
 
BJP and Congress one  
That the BJP and Congress are one in this anti-worker policy has been exposed by their collusion to pass the introduction of this bill. The Bill was first introduced by the UPA-I. Since left opposed it the UPA-I withdrew it afraid of the support being withdrawn.   Now the same bill has been introduced with the only change in the name of the system from “New Pension System” to “National Pension System”.       
Except left ruled states of Kerala, West Bengal and Tiripura all State Governments of Congress, BJP, DMK etc., have implemented “National Pension System”.
NFIR nor AIRF are one 
Neither NFIR nor AIRF joined the strike of State and Central Government Employees against this system. They have not passed even a resolution. On the contrary Shri.Umraomal Purohit, President of AIRF is one of the trustees in New Pension System Trust which implements this New Pension System. Therefore, the workers have no other alternative but to fight against this by organizing the workers in the street, in the Parliament and in the court. The CITU and its affiliates in Railways DREU in Southern Railway and NREU in South West Railway are organizing the workers against this system to fight in all the forums.

                                                                   Organise protest everywhere
Source: DREU

Maintenance and preparation of Annual Performance Appraisal Reports- communication of all entries for fairness and transparency in public administration

No.21011/1/2005-Estt.A(Pt.II)
Government of India
Ministry of Personnel, Public Grievances & Pensions
(Department of Personnel & Training)
North Block. New Delhi
Dated the 19th May, 2011
OFFICE MEMORANDUM
Subject: Maintenance and preparation of Annual Performance Appraisal Reports- communication of all entries for fairness and transparency in public administration.
The undersigned is directed to draw attention of the Ministries/Departments to this Departments OM No.21011/1/2005-Estt.(A)(Pt.II) dated 14.5.2009 by which the system of communicating the entries in the APAR from the reporting period 2008-09 onwards for representation if any was introduced. The Competent Authority to consider the representation shall decide the matter objectively based on the material placed before him within a period of 30 days from the date of the receipt of the representation The Competent Authority after due consideration may reject the representation or may accept or modify the APAR accordingly. In this Department's OM of even number dated 13.4.2010. it was further decided that if an employee is to be considered for promotion in a future DPC and his ACRs prior to the period 2008-09 which would be reckonable for assessment of his fitness in such future DPCs contain final grading which are below the benchmark for his next promotion, before such ACRs are placed before the DPC, the concerned employee will be given a copy of the relevant ACR for his representation. if any, within 15 days of such communication. It may be noted that only below benchmark ACR for the period relevant to promotion need be sent. This OM dated 13.4.2010 specifically provided that in case of upgradation of the final grading given in the APAR. specific reasons therefor may also be given in the order of the Competent Authority Since the provisions of the above OM dated 13.4.2010 are applicable only for future DPCs where the recommendations will be implemented prospectively from the date of assuming charge of the higher appointment, the provisions will not be applicable to retired officers.
2. The UPSC has brought to the notice of this Department that in the DPCs being held under the aegis of the Commission, orders of the Competent Authority do not contain specific reasons for such upgradation in a number of cases. Such orders cannot be termed as disposed off in a quasi-judicial manner as laid down in the aforesaid OM dated 13.4 2010. Grading an officer below the bench mark by the DPC in such cases on the ground of upgradation being without giving sufficient reasons is prone to avoidable representations.
3. In order that the DPC proceedings are held on schedule and without any necessity to over look the decisions given by the Competent Authority while upgrading the grading in the APAR without specific reasons and justifications, all Ministries/Departments are requested to kindly bring to the notice of the Competent Authority while forwarding the representation against remarks in the APAR that the authority may decide on the representation in an objective manner within 30 days of receipt of the representation and give specific reasons in case of upgradation of the final grading given In the APAR as per provisions contained in this Department’s aforesaid OM dated 13.4.2010.
(C.A. Subramanlan)
Director


Source document from  http://www.persmin.gov.in/