SOME INSIDE NEWS
Chairman's visit:
Yesterday Chairman, CBDT, Sh. K V Chowdhary visited Hyderabad and reviewed the work of Investigation and issued certain directionsd and later held a pressmeet.
The highlights of the his speech at the Pressmeet are:
- Sectors to which the income is sourced include Mobile phone trading, Real estate,Steel, Power and Chemicals.
- During FY.2013-14, undisclosed income detected through Surveys was to the tune of Rs. 90,000 Cr and through S&S operations it was Rs. 19,792 Cr.
- Target fixed for FY 2014-15 is Rs.7.36 lakh Cr. which is at 15% growth. Net collections till date stand at Rs.1.51 lakh Cr after accounting a refund of Rs. 0.54 lakhs Cr.
- A total of 22 lakh Notices were issued to Non-filers and more will be indentified in the second phase.
- The Department will shift to software 'Income tax Business Applicaitons' from April 2015.
Recruitment Rules - Juriscition matters - Ito2Ac promotions:
In the sidelines of the Review meeting the Chairmain expressed the new RRs are pending for DOPT approval. However a draft RRs will be issued by the DG(HRD) to all the CCAs for preparations.
Also the Draft Gazette Notitification of jurisdiciton consequent to the CR was forwarded to CCAs for cross checking. Once, they reach back, the same will be published by 15th Sep 2014.
As the all impediments involved in DPC for ITO to ACIT promotions are overcome and clear from all the litigations now, the most awaited DPC will be conducted very soon.
69 comments:
Is it believable ? Are not these discussions seems just to dodge.
Whether TAs served 7-8 years regular Service and got promoted as Sr. TAs in September 2013 is eligible for Inspector as per New Recruitment Rules? Please reply correctly friends..
Three years service in Sr.TA cadre required for promotion to ITI.
question posed at 8.16 pm on 24/8.
As per new RR, 3 years service in the feeder cadre is a precondition. Therefore, only after sep'16, you would be eligible for promotion to the post of ITI, subject to clearing ITI dept exam, before that.
As per new RR. Executive Assistants having passed ITI exam with three years service (inclusive of Sr. TA/OS/Steno I/II) will only be promoted to Inspector. However, in Old RR, TAs having passed ITI exam with three years of service were eligible for Inspector. No benefit for passing earlier ITI exam. Is this benefit given in new RR?
ITEF is celebrating for new RR. Has our chances of further promotions multiplied? Why such ITEF should not be discarded?
steno and T.A come to department by different Advertisement date. how to fix the seniority between them ? Is it possible ? If a steno whose SSC rank is 50 and join the department in July 2015 and a steno whose SSC rank is 30 and he join the department in October 2015. In the mean time a T.A's batch join the department in August 2015 and some T.As of the same batch join the department in December. how to promotion be made between them. how to consider the 3 years service for promotion E.A between them..
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After NR Parmar's Case decision, the seniority of DR is fixed from the date of intimating vacancies to SSC and in the order of their rank.
As far, inter seniority of TA and Steno is concerned, one list will be prepared by arranging existing OS and Steno I and second by Sr TA and Steno II (pre restructured). Then both will be merged to form one seniority placing list II below list I.
how it is possible for promotion of E.A. for new recruited T.A and steno after new R.R. comes. how to consider the 3 years qualifying service for promotion of E.A. when the advertisement dates are different. From where the 3 years service will consider. kindly explain it..
As per "The Supreme Court, in their judgement dated 24.3.1983 in Civil Appeal No.2954-55 and 2956-57 of 1980-Y.V. Rangaiah and Ors. Vs J. Sreenivasa Rao and Others held that the vacancies are governed by the Recruitment Rules in force as on the date of occurrence of vacancies, and that the vacancies which occurred prior to the amended rules would be governed by the old rules and not by the amended rules".
The how can the vacancies of RY 2014-15 is to filled by new amended rules? Dirty politics by the ITEF.
Pl. Share the source of the same judgment. From which website this may be downloaded?
Pl. Share the source of the same judgment. From which website this may be downloaded?
Whether staff car driver gr l is elegible for cadre change?
DOPT OM NO. 22011/9/98/Estt.(D) DATED 8/9/98 REGARDING DPC INSTRUCTION FOR DPC & SUBSEQUENT VARIOUS OM DATED 111.03.2011, 23.03.2011, 24.03.2011 & 13.12.2013. IT IS MENTIONED THAT HOLDING OF DPC WHICH IS DUE ATLEAST TWO MONTHS BEFORE COMMENCING OF VACANCY YEAR AND THERE ARE MANY SUPREME COURT DECISIONS IN FAVOUR OF DPC CONDUCTING WITH EXISTING RRs LIKE AS UOINAND NR BANARJEE & ORS. AIR 1997 SC 3761, PN PRMCHANDRA Vs STATE OF KERLA 1 SSC 245. I REQUESTED TO YOU ( WHO HAVE EFFECTED WITH NEW RR) PLEASE MOVE TO CAT AND WHEN NEW RR IN FORCE STAYED THEM.
ORDER SURCH KARNE KE LIYE GOOGLE M SUPREME COURT JUDGMENTS TYPE KRE OR ORIGINAL SITE SE BY NAME OR DATE OR JUDGE YA PHIR KAI PRAKAR SE SEARCH KAR SAKTE H. YAH SAB LEKAR NEW RR KO CHALLANGE KARNE KE LIYE TYAR RHE. ISME PASSING B KHATAM H OR PROMOTTEE TA JO SENIOR H PAHLE INSP BANEGE. JO SR.TA 3 SAL COMPLETE NHI KAREGA INSP KE LIYE ELLIGIBLE NHI HOGA. GROUP C KI AISI KI TAISE KAR DI IN NEW RR NE.
This is a right time to study all promotion orders of the regions in according with Government/DOPT/CBDT latest instructions and to issue uniform format/model copies of promotion orders so that litigation will be avoided. Can CBDT/ITEF look into this matter for common cause?
if such is the case, then why the hell ITEF is sleeping on the issue. Shame on ITEF in this case. This is direct and logical point here. Is ITEF working only for ITO promotions?
Thanks for comments @ 29/8/14 @ 4:54.
The path is very much clear now. Either we have to knock the Board or CAT.
R.Y.2014-15 ke liya kaue jan pran de rahe hai sab jab ki new recruitment rule me passing ko katam kiya ja raha hai. iska biradh kuyue nahi ho raha hai.
Bad news to those who promoted on cadre restructured vacancies, who are fighting for consequential vacancies for 2013-14 & for merged of feeder cadre for inspector promotion from RY 2013-14.
Please read the judgement of AP High court in the case of Basveswaradu And Ors. Vs Secretary, Union of India on all the above issues in CBEC, which was raised in last restructuring.
The above decision was accepted by the CBEC and conveyed its approval for review DPCs
In Chennai region, consequential vacancies are filled on the RY 2013-14. Whether all regions have followed the same & is it correct ?
When the CR vacancies only cannot be filled, then the issue of consequential vacancies becomes infructuous
All the CR promotions should be revised, based on the New recruitment rules, which is likely to be released at the earliest.
All Pr. CCIT should conduct DPC of consequential facencies suo-moto immediately for 2013-14 as per letter of ITEF and reference made therein. No need to wait..........
Hello...... DPC of 2014-15 will also be conducted as per old recruitment rule...... Don't worry.........
DPC for promotion to the grade of Chief Commissioner of Income Tax(CCIT) on regular basis for the vacancy year 2014-15 as per old RR(Pre-Cadre Review) - reg.
make a blog of above. they can be promoted by old RR but employees have to wait for new RR.
15 din beet chuke h 15 din or b beet jayenge dekhte h naye chairman konsa pahad ukhad kr layege, kuch nhi hona h 14-15 old rr se krni padegi.
The ITO promotions consequent to the ACIT promotions released, belong to which Recruitment year ? Whether 2012-13& 2013-14 or 2014-15?
This will fall to 2013-14..... no doubt......
Admin on LTC .........
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we wait.
Admin on LTC .........
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we wait.
The clarification was sought by the pr. Ccit for the vacancy year of consequencal seat/ chain vacancy. Has admin / anybody any information in this regard?
Till date no clear information. But subject to revise.
Except Gr"C" cadre, no promotions were effect on old recruitment rules.
Status of New RRs??
All promtions will be verified according to existing DOPT/Govt orders?
Whether DOP for 2014-15 will be held as per old rule ? Is there any possibilty , then when cbdt will issue instruction for 2014-15 DPC since this vacancy year will be ending on 31.03.2015 which is known to every body. In this course we are loosing our financial as well as seniority benefit which will adversely effecting our career. Can anybody upload the order Pr CCIT or CIT promotion order which was recently held as per existing recruitment rule for vacancy year 2014-15. If any adverse happen due to new rule for those who will be effected due to this rule thus expecting promotion in 2014-15 we should approach before court for justice, as we are deprieved from future prospect in our career
First of all no promotions was effected for cadre restricting vacancies for Gr A. Then only for 2014-15.
For Group A & Group B cadres , CR vacancies are not filled due to notification of New RR. But Group C cadre is filled on old RR. Group C cadre should also been filled only after New RR is released.
If old RR is followed for 2014-15, then what is the meaning of cadre restructuring? Sr.TA , Steno cadre will exists without Executive Assistant.
The Honorable Supreme court in NR permar case has never ruled that for every DR will get seniority from the date of notification leaving the back drop of facts of applicability of DoPT OM 7.2.86 and 3.7.86 and 3.3.2008. that mean identification of vacancy,requisition sent to SSC and notification issued for the same posts/vacancy when the three should fall in the same year, the seniority recons from date of notification.
Every DR of 2005 batch are misleading the courts without bringing true facts of their case rather claiming that they are on par with NR Permar case. At the same time when they are involving the revenue as respondent, the department also not bringing the true facts through the standing councils before the courts. hence, the fault is with the administration and also with DRs for misleading the deptt and courts.
As a Government policy, the CBDT has abolished certain back log DR vacancy posts from 2001-02 to 2005-06 in different cadres and intimated to all states of their share of abolish DR posts , finally keeping 5 number of posts pertains to 2005. The same was intimated to SSC and SSC advertised prilims notification in June 2005 and prelims results and calling of application for main exam in July 2006 and cut off date of receipt of application from eligible candidates from prelimns was ended by August 2006. Hence, the opportunity to public was closed by August 2006.
Subsequently, the CBDT has created additional 59 posts in the cadre Inspectors in the month of December 2006 and intimated to the SSC on 28th December 2006. Further the CBDT has created additional 749 posts in 2007 and intimated to the SSC on 27th February 2007. whether SSC can appoint 808 candidates which were received subsequent to the closing of recruitment process ie August 2006 and more without giving further notification in 2006 and 2007 is clearly attracts the infringement of fundamental rights under article 14 and 16 of constitution of India and the appointment itself is illegal. How the NR permar case is applicable to the SSC notification 2005 batch.
The supreme court of India in civil appeal No. 979 OF 2014 held that the advertisement must specify the number of posts available for selection and recruitment. The qualifications and other eligibility criteria for such posts should be explicitly provided and the schedule of recruitment process should be published with certainty and clarity. The advertisement should also specify the rules under which the selection is to be made and in absence of the rules, the procedure under which the selection is likely to be undertaken. This is necessary to prevent arbitrariness and to avoid change of criteria of selection after the selection process is commenced, thereby unjustly benefiting someone at the cost of others. Further it held that Even under the Constitution, the power of appointment granted to the Chief Justice under Article 229 (1) is subject to Article 16 (1), which guarantees equality of opportunity for all citizens in matters relating to employment. ‘Opportunity’ as used in this Article means chance of employment and what it guaranteed is that this opportunity of employment would be equally available to all. This judgement is applicable to the Staff selection commision,the recruting agency is voilating the article14 and 16(1) since 2005 onwards. As SSC is advertising less number of posts and recruting in larger number of candidates. That means back door appointments.
So all the back door appointments should exit on back door at the earliest.
Leave 2005 batch, implement immediately for others and all cadres from 1986
Reply to comment posted on September 21, 2014 at 7:48 AM:
The vacancies for all cadres which arise before the date of publication of gazette notification of new recruitment rules are to filled with Old Recruitment Rules and not with the amended rules or draft rules, as the vacancies were arose at the time of Recruitment Rules which were existed in force and the rules are prospective and not retrospective in nature.
If you have any doubt, you can refer to the judgement of the Supreme Court, in their judgement dated 24.3.1983 in Civil Appeal No.2954-55 and 2956-57 of 1980-Y.V. Rangaiah and Ors. Vs J. Sreenivasa Rao and Others, it is held that the vacancies are governed by the Recruitment Rules in force as on the date of occurrence of vacancies, and that the vacancies which occurred prior to the amended rules would be governed by the old rules and not by the amended rules".
If you have any doubt now also, please, seek a legal opinion on this and comment with relevant judgements and OMs.
with refernce to comment September 21, 2014 at 1:46 PM
if such is the case, why all are sleeping inluding ITEF and CBDT..why are not they conducting DPC as per old RRs....
for Vacancy year 2014-15....
Dear all....listen carefully...the CR Notification of Central Excise has come much later than IT Dept CR.....But you all will see that theirs will be implemented much sooner than ours...IT Dept....LAGEY RAHO....
Reply to September 21, 2014 at 1:46 PM, then there is no steno vacancies will exist to fill 3:1 promotion even in the future years to come ie.2014,2015,2016 so on. Wait for backlog requirement for stenos from SSC and promote immediately to ITI with lesser standard.
It would be better if you ask this million dollar question to ITEF because I too dont know the answer.
Again you misinterpreted.
How can you say that "then there is no steno vacancies will exist to fill 3:1 promotion even in the future years to come ie.2014,2015,2016 so on."
Already vacancies have occurred eg. Consequential which is being carry forwarded to RY 2014-15 and as on today there is no amended rules. Please understand.
Whether cabinet does not know that there is DOPT or Recruitment rules, then why should they recommend for Model Recruitment rules for implementation of Cadre Restructuring?
First of all implementation of Old RRs for Gr"C" on CR vacancies is wrong. If we keep on continuing this for the following RYs also, then the newly joined Stenos will object for EA Cadre and claim for the old rules in the coming years also, so that they can get ITI promotion immediately on passing within 2 years from joining in this department as steno.
Nearly one month has passed from the last update by the Inside Income-tax. What happened to you also like CBDT and ITEF who are in deep coma. Please update.
Without stenos IT department is blind without sticks. Stenos are the backbone of the departments. So getting promotions early is a gift for them by the deptt. CBDT is the supreme authority to decide the facilities for stenos because cbdt understands the need and importance of stenos. We should welcome it smilingly dost. Do not be jealousy to stenos.
Above comment by anonymous is 200 % accurate...... Ask any IRS and any employee of IT Department about this...... A steno when promoted as ITI or ITO not only performs his own work but also takes pain and disposes other works of Range Head (JC/Addl. CIT) or Circle Incharge (AC/DC) willingly and without any murmuring....... This can never be expected and not performed by any ITI or ITO promoted from ministerial staff..... This is well known to all...... That is why CBDT knows the importance of stenos........
Dear Steno above, after computerisation there is no need of stenos in the IT Dept...even others are doing the work of stenos...... so why you want preference above others....let us all be the same and alike.... and don't try to take any special treatment...... this preferential system will destroy the country.....
steno do work of copy paste, nothing innovative addition can come from them
Stop fighting like kids. See the IRS. They are fighting? They are concerned about their promotions and getting without any delay. But staff are fighting in between them.
Be united and ask the ITEF about all of your claim of promotions immediately without any further delay.
absolutely right, we should ask to ITEF for reason of delay of DPC for 2014-15.
This is easy to say to perform the work of steno but difficult to perform indeed. If the work of steno had been only cut-paste all Sr. TA & TA must have crowded to do the work of steno and not fot peskari.... Sr. TA & TA perform the cut-paste work which are selective in nature and rest NPA work are assigned to and performed by steno...... Is this not true? Introspect it ..... The work of steno is not so easy..... Better we don't fight. Let CBDT perform it's duty acording to the demand of ITEF and acording to existing RR in force for 2013-14 and thereafter 2014-15....
The CBDT should give clear instructions to all Pr.CCITs regarding Recruitment Years for consequential vacancies.
As the consequential vacancies arises during this year (2014-15) only, new RR is a must.
Arre! 8:45 walla chhotu!!! Tum ko establishment ke bare mein kuch bhi nahin malum! New RR pe 2011-12 aur 2012-13 vacancies year ka dpc kiun nehin karwate ho mere lal. Ho sakta hai kya??? Kabhi nehin! Kiun ki us waqt new RR nehin tha! Us time old RR tha! Thik aisa 13-14 and 14-15 ki dpc tak bhi old RR hai and new RR ki birth bhi nehin hua hai to kaise 14-15 mein new RR implement ho sakta hai!! Iske liye DOPT ka guidelines hai ki new RR ki release hone ka date tak ki vacancies old RR pe hi hogs. new RR 15-16 se implement hoga. Child ki school ki admission uska paida ke baad hi hota hai na ki pehle admission aur baad me birth!!!!samjha karo
The extracts from the one of the regions promotion order reproduced below to implement strictly in our department.” ln view of DOPT order No. O.M.DO. 7 AR OM No. 36011/16/80-Estt(SCT) Doted 27 .02.81 and F.No. G.I.DOPT, O.M.No. 36011/5188-Estt (SCT) Doted 01.04-1988 and O.M.No. 360121/ 36(22)/89-Estt (SCT) Doted 16.06.1989, the promotion of the officials/ officers belonging lo SC/ST category are subject to verification of caste status”.
Ha ha ha. Nicely said bro. Whatever you said is true. But one clarification over here. New RR can be enforced in this year also subject to the vacancies duly filled in old RR which arises before the date of publication of new RR.
To say, if the new rules published today, whatever vacancies arised till yesterday evening will be filled on new rr and consequential to the same on NEW RR
Corrigendum to my comment on September 26, 2014 at 11:18 AM:
To say, if the new rules published today, whatever vacancies arised till yesterday evening will be filled on OLD RR and consequential to the same on NEW RR
12.28pm
do you have any source document regarding your claim of consequential vacancy
Kahan gaye admin?
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