| « PAN - A deadly weapon for tax department |
Never Ending Vicious Lunatic Cycle
07/19/06 02:54 , Categories: TaxLaw Link: http://www.indiantaxsolutions.com/blogs
Never ending vicious lunatic cycle where we all got caught in some where .
Indian Judiciary is framed after British system of justice where benefit of doubts goes in the favour of guilty as no one can be pronounced guilty without hard evidence both in civil as well as corporate legal system..
In the judicial system of Indian tax law scope is much more to get exonerated through the maze of technicalities and bar of limitation .Further , burden of proof is always being on the Department more often than not department lack to provide fool proof documents in support of their charge .Hence although there are thousands of cases where charges are based on obvious reasons but could not stand the test unleashed by the hard core professional lawyers who have expertised in identifying lapse of departmental inquiry and framing of charges.
Golden example is the stock variance in a manufacturing unit . Most of these cases made by Central Excise departments got unkind beating at floor of tribunal all over India because no malafide on part of the assessee could be established .merely for stock shortage in absence of any corroborative evidence of clandestine removal
Even if a truck load of manufactured goods are caught in road by the officers with out any duty paying documents it could easily be proved that it was mistake on the part of the excise clerk who had issued the invoice afterwards and had it sent by post to the consignee .So words like ' assumption',' presumption',' obvious' have no place in the Indian Judiciary .
Govt loses thousands of crores in cases barred by limitation which means department either fail to prove any malafide on part of the assessee so that longer period of 5 years could be invoked or where there is no such malafide involved but duty was not paid or less paid only , failed to frame charge or issue show cause within a stipulated period of 1 year.
Tax department are there fore always on the alert to issue show cause notice even if there is no case in order to avoid getting time barred or invoke longer period mindlessly even if there is no malafide intention of the assessee to save their skin resulting in piling of thousands of cases at the tribunals .
Its an unsolved puzzle of its own kind where parties are Govt with its pretending revenue biasness and blind porous Indian judicial system
Tarun Majumder
Trackback address for this post
Trackback URL (right click and copy shortcut/link location)
3 comments
Sir,
There are huge disparities in pay scales of stenographers between Raiwlay Board and Zonal Railways. On behalf of zonal railway stenographers we offer following for your perusal and kind consideration please:
We very proudly claim to follow the policy of equal pay for equal work. We also proclaim that the Government makes no discrimination or distinction between one section and the other. But that is not true as far as the stenographers working in the Railway Board and Zonal Railways/Divisional Railway/Workshops are concerned.
The parameters for selection in the Railway Board and the Zonal offices are the same. Minimum qualification, Skill tests (Proficiency in typewriting and Shorthand) are the same. Nature of duties and hours of duty are the same.
Yet, those candidates who are assigned duty in the Railway Board get promoted as PA in the scale of 6500-10500/- within 8 years while the stenographers in the zonal offices have to wait for their first promotion after 12 years of service and that too under the ACP scheme comparatively very lower grade i.e. 5000-8000/-.
The stenographers in the Railway Board gets promoted to another higher grades i.e. Rs.8000-13500/- after putting further 7-8 years. Similarly, their further progression becomes smooth after regular intervals for seeking next grade of Rs.10000-15200/- and thereafter to grade Rs.12000-16500/-.
On the contrary, stenographers posted in zonal offices get his last promotion of Rs.5500-9000/- by virtue of ACP Scheme. In fact, a steno posted in zonal offices can never reach in their whole career to that scale which a railway board's steno get as a first promotion.
While a stenographer in the Railway Board leads very comfortable period of service, the stenographer in the zonal railways is exposed to various hazardous and risk in the performance of his duty because he has to accompany his officer during tour and inspection of officers. Since zonal railway is directly involved in the work related to operation, maintenance, safety, punctuality etc. therefore stenos posted in zonal railways have to assist the officers and to bear all sorts of agony.
In the meantime another development has taken place in the form of acute shortage of stenos in zonal/divisional railways. While the number of officers continues to grow no recruitment is being made in place of incumbent who retire or leave the job in recent years. At present about 14 lakh employees are working in railways whereas two years ago it was 16 lakh. As a result one steno has to work with more than one officer and his labour and stress gets increased while he is not compensated in the form of wages.
It is understood that the 'Northern Railway Stenographers Association' has represented to the 6th Pay Commission to redress anomalies and discrimination being done with zonal/divisional stenos and undo the justice which has been perpetrated by successive pay commission in the past.
Northern Railway Stenographers Asscociation
That in the present day economy Government Servant is far behind PSU/Private Sector Employees. There is a myth that Government Servants do not work, if yes, then how the Government machinery is running? What the Politicians are doing for the country, only safeguarding their ‘Political Seat’ and getting a huge Salary with all facilities Free, even then taking solute for making an issue a Parliament Question.
A live example is Railways, working round the clock, which have earned a record profit of Rs.20,000 Crores during 2006-07. Do you think without the help of Railway Servants, it is possible for Government of India to achieve this target?
Railway Servants are low paid employees of Government of India, getting lowest salary from any other Government Servant or State Government Servant.
Mr.Chidambram, Finance Minister Government of India, in his one statement in daily News advised people of India:
“AGAR ECONOMIC DEVELOPMENT CHAHTE HO TO MEHANGAI KI AADAT DAAL LO”
Examples for inflation/rise in Rates
(Government Rates)
EARLIER PRESENT
1. Birth Certificate (One copy) Rs.2/- Rs.20/-
3. Non-judicial Stamp Paper Rs.2/- Rs.10/-
2. Bus Fare (Minimum) Rs.2/- Rs.3/-
3. Milk (Per Ltr.) Rs.12/- Rs.17/-
4. Onion (Per Kg.) Rs.7/- Rs.28/-
5. Tomato (Per Kg.) Rs.8/- Rs.22/-
6. Refined Oil (Per Ltr.) Rs.60/- Rs.115/-
8. LPG Cylinder Rs.175/- Rs.295/-
7. DDA Flat (MIG) Rs.13 lacs Rs.35 lacs
Above few examples are self explanatory.
The Government of India is withdrawing the entire Subsidy provided to Common Man, and, whereas, providing subsidy to all big Business Giants viz. TATA, AMBANIs, etc. (like-wise 10 in nos.) to Set up their business ventures on Subsidies Land with all Tax, Duty, Excise, etc. 100% free for first 10 years and 50% for next 5 years.
Mr.Rajiv Gandhi, the then Prime Minister, in his time there was a ’Bharat Bandh’ called by some Political parties in 90s, all the Government Servants were advised at that time to stay in Offices and Government sanctioned per person Rs.100/- (Break-fast, Lunch and Dinner), if a Government Servant is having a family of 4(four) then his Salary should be Rs.12000/- per month at that time itself.
Sir, please go through the ground reality of a Common Indian and then decide their fate.
Thanking you,
Yours faithfully,
(BALRAM YADAV )
Comment feed for this postLeave a comment
