MINUTES of 40Th B.G.M of ITGOA HELD on 8Th to 11Th February, 2010 at Hyderabad

Minutes of 40 th B.G.M of I.T.G.O.A

MINUTES OF 40 th B.G.M OF ITGOA HELD ON 8 th to 11 th February, 2010 at Hyderabad

The meeting was chaired by Shri B. Shanthi Kumar, President and was attended by all the secretariat members and members from all units of the ITGOA. In all 165 members from across the country and 32 members of A.P. Unit, attended the meeting.

2. President’s welcome The President then welcomed all the members, both on behalf of CHQ and A.P. Unit and exhorted all for a free and frank discussion on topics concerning general members of ITGOA. Then host unit presented a memento to all the members attending the meeting.

3. Proceedings of M.C.M on 8/2/2010 in Conference Hall of IT Towers at Hydbd

I. AMENDMENTS TO THE CONSTITUTION OF ITGOA After thorough discussion, the following amendments were approved : Clause No. / Heading Details of proposed clause 1. Name Proposed The name of the Association will be

4(i) Proposed The Association shall have Units at every Region based on Organisation Chief Commissioner of Income Tax (CCA) and the Head quarters of the Unit shall be at the place where Chief Commissioner of Income Tax (CCA) of that region is stationed.

4(ii) Proposed Each unit shall have Executive Body, Branches and Bank Organisation Accounts to run the organization at regional level. The General Body of the unit shall decide the composition of the Executive Body, Branches which shall be suitable to the local conditions of the unit, subject to clause-27.

5 (a) Proposed All promotee Gazetted Officers of Income Tax Department, Eligibility who is not a member of any other service association, shall be eligible for membership of this association. A promotee Gazetted Officer means any officer promoted from non-gazetted post to Gazetted post in Income-tax Department.

5(b) Proposed Any eligible promotee Gazetted Officer desirous of becoming Admission a member shall make an application to the General Secretary and shall be admitted as a member of the Association. Subject to clause 5(c), a member of the Association, on transfer to another region/unit shall continue to be member of the Association in the region/unit to which he is transferred.

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5(c) (a) (iii) Proposed Otherwise ceases to be a member. Cessation 5(c) (b) New A member ceased to be a member by operation of clause 5(c) Cessation insertion (a) (i) or (iii) shall be eligible for re-admission as per 5(b).

5(d) Proposed i) A member may be removed from membership by the Removal executive committee of the unit if he fails to pay his subscription for more than one year provided that he may be re-admitted as a member on payment of arrears of subscription due from him. ii) Any member working against the interest of the Association or who is found guilty of misconduct may be expelled from the membership by the General Body of the unit. President of the meeting shall cast his vote in case of tie. iii) No member shall be removed without being given a reasonable opportunity of being heard. iv) A member expelled shall have a right to apply for review. The power of review shall vest with General Body of the Unit.

6. Proposed Each member of the Association at the time of admission shall Subscription give authorization to deduct yearly subscription from his salary an amount as decided by the All India General Body from time to time. 25% of the subscriptions so collected by the units shall be remitted to the CHQ by 15th September of every year.

9. Proposed The funds of the Association shall be deposited in any Accounts Nationalized Bank/Scheduled Bank and the accounts shall be operated by the Secretary General and the Treasurer.

11. Proposed Management of the Association Heading

13. Proposed Clause (c) pertaining to budget estimate to be deleted and General Body Clauses (d), (e) & (f) shall be renumbered as (c), (d) & (e) Meetings

14 (a) Proposed An Extra-ordinary General Body Meeting may be convened : Extra Ordinary a)(i) By the Secretary General with the approval of the General Body Managing Committee to consider urgent and important issues Meeting or (ii) On a written requisition signed by at least 3 units and not less than 15% of the total membership of the Association duly authorized by the Managing/Executive Committee of the units assigning the reasons for the same and specifying the matter sought to be considered at the meeting.

14(b) Proposed (i) In the case of requisition from the units mentioned in (a) Extra Ordinary (ii) above, the Secretary General shall convene the Meeting General Body within 30 days of the receipt of the said requisition. Meeting (ii) If the Secretary General fails to issue notice for the Extra- ordinary General Body Meeting within 7 days from the date of the receipt of the requisition, the Additional secretary, if he fails the President shall issue the notice within 7 days from the date of such failure and if he fails, the Units which have given the requisition shall issue notice under their joint signature and thereafter all provisions of clause14 shall apply.

15. Proposed The Managing Committee of the Association shall consist of : Managing i) President – 1 (One) Committee ii) Vice President – 2 (Two) iii) Secretary General – 1 (One) iv) Additional Secretary – 1 (One) v) Joint Secretary – 2 (Two) vi) Assistant Secretary – 2 (Two) vii) Treasurer – 1 (One) viii) Zonal Secretary – 5 (Five) For North, South, East, West & Central Zones. ix) General Secretaries of all the Units

Explanation to Proposed Explanation: Clause 15. If the General Secretary of a unit is unable to represent his unit in the Managing Committee Meeting due to his non- availability or because he is office bearer of Hqrs, the unit shall nominate any other member of that unit to represent their unit in the Managing Committee Meeting.

16 (b) Proposed At least 15 days notice shall be given for such meeting Managing provided that in case of emergency, notice of seven days will Committee be sufficient. Meeting Provided, that the notice period referred to above may be waived by the Managing Committee, if deemed necessary.

17(ii) Powers Proposed The managing Committee shall fill up vacancies that arise & Duties of the during the term of office in the Executive Body of Head Managing Quarters other than the post of President and Secretary Committee General, by co-option if the vacancies were to last for more than six months. In case vacancy arises for the post of the President or Secretary General and remaining tenure is more than 12 months, the elected Vice President shall act as the President and Additional Secretary shall act as Secretary

General for a maximum period of 6 months, after which fresh elections as per Clause-21 shall be held.

18. Proposed Following shall be office bearers of the association, who Office Bearers together shall be the Secretariat/ Executive Body of the of the Association : Association i) President – 1 (One) ii) Vice President – 2 (Two) iii) Secretary General – 1 (One) iv) Additional Secretary – 1 (One) v) Joint Secretary – 2 (Two) vi) Assistant Secretary – 2 (Two) vii) Treasurer – 1 (One) viii) Zonal Secretary – 5 (Five) For North, South, East, West & Central Zones. The Regions falling within each Zone shall be as per that of CBDT’s Tax Administration Zones.

21. Proposed The election of the Office Bearers shall be conducted in the Elections following manner :

21 (vi) Proposed One post of Assistant Secretary will be reserved for the Delhi Unit and the post of Treasurer shall be from the same unit as that of the Secretary General.

Explanation to Proposed The Executive Body of a unit may authorize one or more Clause 21 (viii) members of their unit to cast the votes on behalf of all nominees of their unit.

21. (xiii) Proposed The election shall be held by Secret Ballot.

22. Voting Proposed Voting shall be by Secret Ballot. (a) Election-(ii) 22. (b) (ii) & (iii) To be deleted as they are superfluous.

24. Quorum Proposed The following shall be the quorum of various meetings: i) General Body Meeting - 15 Nominees. ii) Extra-ordinary G B M - 10 Nominees. iii) Managing Committee Meeting - 10 Units. iv) Secretariat Meeting - 8 Office Bearers

26. Proposed All the Office Bearers, Managing Committee Members and Term of Office Auditor shall hold office for a term of two years from the date of their election or till they cease to be members as per clause 5(c) or till fresh elections are held in the next General Body Meeting, whichever is earliest. If elections are not held within two years from the date of earlier election, their term of office can be extended by three months so that the total period does not exceed 27 months and if elections are not held within 27

months from the date of earlier election, then the Office Bearers shall cease to be Office Bearers.

27. Proposed i) The Units/Branches have to inform the membership strength Functioning of as on 1st September and remit the subscription by 15th Units/Branches September, every year to the Association.

ii) The General Body of the Units shall elect the Office bearers/ Executive Body of their unit. The Executive Body shall comprise of Office Bearers i.e., President, Vice President General Secretary, Addl. Secretary, Joint Secretary, Asst. Secretary, Treasurer and Executive Committee Members. The units can have additional posts of office bearers as decided by the General Body of the unit to suit their local conditions. iii) The maximum and minimum number of posts in the executive body of the unit shall be 35 and 7 respectively. The term of office of office bearers of the unit shall be two years. iv) Election notification shall be issued 30 days before the date of election. The election shall be direct and through secret ballot. Each member shall have one vote. Procedures for conduct of Elections, suitable to the local conditions may be decided by the General Body of the Unit. v) There shall be 15 days notice with an agenda for the General Body and quorum for the meeting shall be 15% of the total membership of the unit. vi) Two office bearers of the unit may be stationed at all CCIT stations to attend and represent the day to day and urgent problems of members. vii) The President, General Secretary and Treasurer shall ordinarily be stationed at the Hqrs of the CCIT(CCA) or at any other station as decided by the Executive Body of the Unit. viii) Extra-Ordinary General Body Meeting : An Extra-ordinary General Body Meeting of the Unit may be convened by the General Secretary with the approval of the Office Bearers of the Unit or on requisition signed by 15% of the total membership of the unit, assigning the reasons for the same and specifying the matter sought to be considered by the General Body. In case of such requisition the General Secretary shall convene the Extra-ordinary General Body meeting within the 30 days from the date of receipt of the said requisition. If the General Secretary fails to issue notice for the Extra- ordinary General Body Meeting within 7 days from the date of the receipt of the requisition, the Addl. Secretary, if he fails the President, if he fails the Vice president shall issue the notice within 7 days from the date of such failure. If all of them fail, the members who have requisitioned the Extra-

Ordinary General Body Meeting can issue the notice, under their joint signature.

ix) Resolutions : Any member can move a resolution with 7 days notice. Resolutions shall be approved by simple majority in the General Body.

x) Function & Duties of Office Bearers : The Office Bearers of the Units shall meet at least once in two months with 7 days notice and for Emergency Executive committee meetings with a shorter notice as the situation demands. The duties and functions of the office bearers of the unit are similar to that of All India Office Bearers and as decided by the General Body to suit the local conditions.

The bank account shall be operated jointly by General Secretary and Treasurer. Bi-ennial audited accounts shall be submitted to the General Body.

xi) Filling up of vacancy : The Executive Body shall fill up vacancies that arise during the term of office in the Executive Body of the Unit other than the post of President and Secretary General, by co-option if the vacancies were to last for more than six months. In case vacancy arises for the post of the President or Secretary General and remaining tenure is more than 12 months, the elected Vice President shall act as the President and Additional Secretary shall act as General Secretary for a maximum period of 6 months, after which fresh elections shall be held.

xii) The Units/Branches shall complete their election before the election of the Office Bearers of the Association (All India) and intimate the results thereof to the CHQ of the Association immeaditely.

xiii) The Units/Branches shall not do anything against the policies of the Association and the decision of the General Body. The Unit shall submit a copy of the accounts as approved by the General Body of the Association.

29. Proposed The Association shall furnish to the Central Board of Direct Statement to the Taxes the following: Board a) List of office bearers. b) Up-to-date copy of bye laws. c) Audited statements of accounts.

30. Proposed The constitution came into force with effect from the date of Commencement approval by the Government i.e. 11th February, 2005.

II. ACCOUNTS FOR F.Ys 2007-08, 2008-09 & Part of 2009-10 (Upto 31.1.2010) Treasurer (Shri Anantharaman N.V. Iyer) presented the Accounts of ITGOA (CHQ) for the F.Ys 2007-08, 2008-09 & Part of 2009-10 (Upto 31.01.2010) comprising of Income & Expenditure A/c, Balance Sheet, Notes to the Accounts with Annexure ‘A’ (Status of CHQ Subscription – Unit-wise & Year-wise) & Status of Contribution for Office Renovation & Litigation Fund – Unit-wise along with Auditor’s Report, copies of which was provided to members present.

After thorough discussion, the Accounts presented, were unanimously approved.

III. SECRETARY GENERAL’S REPORT Shri Rajesh Menon, Secretary General then explained in details about the issues that confronted our general members and the actions taken on the same, as extolled in his report, during the 2 years period i.e. 2008 & 2009, along with results thereof. He then commended the Report to the Managing Committee.

It was unanimously decided that the Secretary General’s Report be placed in the 40th BGM, where the same will be discussed.

4. Proceedings of 40th B.G.M I. Inaugural Session & Open Session These sessions were presided by President and conducted by Secretary General. Chairman & Member (P&V) of CBDT, respectively were the Chief Guest and President & Secretary General of ITEF (our JCA Partners) were guests of honour. The session was attended by the delegates for the BGM and general members of A.P. Unit of ITGOA.

Following issues were highlighted :

 Acute manpower shortage at all levels, especially in the grade of ACIT/JCIT and need to issue the promotion orders for ACIT of RY 2009-10 before 31/03/2010 & for RY 2010-11 before 31/12/2010, for DCIT as on 01/01/2010 before 31/03/2010 and for Jt.CIT with one year relaxation before 31/03/2010.  DPCs are delayed on account of non availability of ACR & Vig. Clearance. Further, manpower shortage in AD.VI and Directorate of HRD was also responsible for delay on many personnel related issues.

 Orders for Spl. Pay to Audit, Central, Investigation etc are pending, even after a lapse of around 2 years.  Inordinate delay in completion of Disciplinary Proceedings and non- compliance to the model calendar or time-limit as per CVC guidelines. This was mainly because of excessive work-load with Addl. CITs and the need to post Addl. CIT exclusively as Inquiry Officer in every region. Such officer being a specialized officer, inquiries will be completed in time-bound manner.

 Out of 1% incremental incentive, Laptops needs to be issued to AO & PS and modality for retention of the Laptops by the officers at depreciated value.

 Correct Seniority for DCIT, based on the judgement of CAT-Jaipur Bench in the case fo Shri S.K. Shukla, which is confirmed by Hon’ble Supreme Court.

 Non-issue of Civil List of IRS Officers, especially that of ACIT/DCIT, since 01/01/2007 and removal of the list which was uploaded in Dept.’s website.

 Need to get the amendments to the All India Transfer Policy for IRS Officers with 2 years cooling off period, posting of officers with balance service of 3 years or less in the station of their choice and immunity to principal office bearers of ITGOA (both CHQ & Units) from transfer during their term in the Association, formalized in to a new Transfer Policy before the next AGT.

 Transfer norm for physically handicapped officer not being uniformly applied.

 Heavy work-load on officers and which is further aggravated due to additional charges being given to officers, almost on a permanent basis. In this regard, the suspension of one ACIT in the Gwalior Charge for letting some cases get time barred and also suspending the concerned Jt. CIT, was highly insensitive on the part of the Administration.

 Officers in the field are working without adequate support from the system and which has resulted in embarrassing situation for the Dept. like the Refund Scam as happened in Mumbai and for which again there is a witch hunt for rendering some officers as scape-goat.

 Proposals of the Committee on the Cadre Review of IRS & Restructuring of I.T. Dept. needs to be got approved at the earliest. In case of any significant deviation from the proposals needs to be first discussed with ITGOA & ITEF.

To the above, following was replied by the CBDT Authorities : Per Chairman – C.B.D.T  Manpower shortage was real and is proving to be a great constraint. Current cadre review & adoption of improved technology will take care of the same.  Proposal for DPC relating to ACIT of RY 2009-10 has already been sent to UPSC and the work for RY 2010-11 would also be started after completing the promotion of 2009-10.  Promotion Orders for DCIT as on 1/1/2010 would be issued before 31/3/2010.  Promotion for Jt.CIT with 1 year relaxation would be completed by 31/3/2010.  Negotiations are going on for providing Mobile Phone to all and Data Card for Officers, in the Dept. and with in reasonable period it will be finalized.  Amendments to the Transfer Policy is with Hon’ble F.M and this will be a benevolent Transfer Policy. All prejudices in the past transfers, if any, would be correct in the coming AGT, by posting the officers in one of their three choices or nearest place. But, over staffing of Mumbai & Delhi Charge and understaffing of W.B. & T.N. was causing some mis-match, which will be addressed suitably. Transfer of officers promoted in 2001, from Mumbai, was an experiment in that direction, which was not successful, due to CAT case. ITGOA is also free to give workable ideas, in this regard.  Publishing Civil List will not be a problem and Member (P) is looking in to it.  Special Pay matter is being looked in to by Directorate of HRD and it will be shortly resolved.  On the vigilance front, all CCIT(CCA) has been orally instructed not to implement the Target as mentioned in the Action Plan and not to harm any honest officer. But, we must also put our house in order.  There are teething problems in computerization, due to statutory amendments, TDS credit mis-match, PAN Migration, etc. Data Processing concern will be taken care of and there can be no going back on CPC, which will relieve the Assessing Officers of the processing work and will allow them to concentrate on the core function of scrutiny assessment.  Office Bearers of ITGOA are always welcome to Board at Delhi, for highlighting the problems of the officers.

All the officers were congratulated for the good performance during the year which has seen good growth in tax collection despite the manpower shortage and exhorted all to put their best performance in the next 1½ months for exceeding the target of 4,00,000 Crores. Per Member (P & V) – C.B.D.T  Efforts are underway to remove all back-log in promotion to all grades. In the last one year, there have been many DPCs and there will be many more for ACIT of RY 2009-10 & 2010-11, DCIT as on 01/01/2010, Jt.CIT with one year relaxation, etc. Here, JS(Admn) would be asked not to insist for part ACR  Transfers was dreaded by all. There are checks/balance in the Administration and hence there cannot be favouritism as being doubted. In fact in the last AGT there were complaints that officers of 2001 have escaped Transfer and hence some officers from Mumbai were transferred, which were stayed by CAT. All who were not before CAT were somehow accommodated in nearby stations.  On the S.K.Shukla case, there is some difference in perception of Board and ITGOA. But Board bears no ill will against anybody or any group and if implementation of the said judgement is helpful to all, then it will be done so.  Board is planning some major overhauling on the vigilance front and this will be perceptible in 2/3 months time. Till date vigilance is a hush-hush affair, but there will more transparency hence forth. Anonymous & pseudonymous complaints will be closed. As far as possible Charge Sheet will be issued at least one year before retirement. Considering the nature of job, more and more people will be unhappy with officers of the Dept. and DGIT (Vig.) would be advised to take more realistic view on the pending cases & complaints. But, it has to be remembered that Vigilance section is controlled by CVC.  Civil List will be published soon i.e. within a fortnight.

II. ACCOUNTS FOR F.Ys 2007-08, 2008-09 & Part of 2009-10 (Upto 31.1.2010) Accounts of ITGOA (CHQ) for the F.Ys 2007-08, 2008-09 & Part of 2009-10 (Upto 31.01.2010), as approved & adopted by the Managing Committee was placed before the General Body, which was unanimously approved and adopted.

III. APPOINTMENT OF ELECTION COMMISSIONER & COMMITTEES Following members were appointed: Sr. No. Name of Member Post 1 Shri S. C. Shivgunde Election Commissioner 2 Shri Rabin Chaudhary Chairman of Resolutions Committee Following members were named to assist the above nominated members : Sr. No. Names of the Assistants To Assist

1 S/Shri K. Venkat Ram & Sunil Kumar Election Commissioner 2 Shri M. Vivekanandan Resolutions Committee

IV. President then, invited Shri Padam Singh, DCIT posted as Under Secretary in CBDT to apprise the delegates about the Seniority (as per S.K. Shukla’s case), Civil List, Promotions etc., before start of deliberation by anyone, as Shri Singh was to depart in the evening of 09th itself.

Shri Padam Singh, informed the members as under :  Procedure for grant of 1 year relaxation for promotion to the grade of Jt.CIT was complete with the receipt of communication from D.O.P & T and UPSC has asked CBDT to submit proposal. All Officers promoted as ACIT w.e.f 07/11/2001 i.e. upto Shri K.D. Kulkarni are likely to be considered. Therefore all Unit Secretaries must ascertain the status of ACRs of all the Officers in the consideration zone and follow-up with their CCIT (CCA) for ensuring that the DPC is held in time. Last ACR/APAR that will be required will be of 2008-09 Originally, the deficiency w.r.t ACR was around 230, which has come down to around 160 and this also has to be attended to, on priority.

 As regards promotion to the grade of DCIT for the ACITs of RY 2005-06, deficiency list has been put up in the website. As soon as the requisite ACRs are furnished, the DPC can take place, as there is no involvement of UPSC.

 Proposal for promotion of ITO to ACIT pertaining to RY 2009-10 (163 nos) has already been sent to UPSC. Work for the RY 2010-11 has also been started and in all likelihood the proposal would be sent to UPSC by August 2010.

 On the matter of correct seniority to DCIT, CAT (Jaipur Bench)’s Order has reached finality with Hon’ble Supreme Court dismissing the Board’s SLP and Solicitor General not recommending any further course of action on the same. Accordingly, S.K. Shukla has to be give DCIT’s promotion w.e.f 01/10/2003, but Board has granted him DCIT’s scale w.e.f 01/01/2005 only. But, all those officers who were similarly placed with Shri Shukla were not given DCIT’s scale w.e.f 01/01/2005, by holding that the CAT’s decision is applicable to a specific individual only. 9 Officers who were senior to Shri Shukla approached Principal Bench of CAT, which gave a judgement favourable to them and on the Board’s Writ against that order, Hon’ble Delhi High Court has levied a cost of Rs. 10,000/- on Board and the case has been fixed for hearing on 16/03/2010

Our Counsel has advised to wait for the outcome of the said writ, for taking further action, on the said matter.

5. With the permission of Chair, Shri K.R. Narayana, Jt. Secretary stated as under :

 Leaders are there, only because common members were there. There were around 8500 ordinary member officers who were toiling very hard in their day to day work and more so when they are transferred to a new region on promotion.

 Secretary General’s remark in the inaugural session, before the CBDT-Chairman that such transferred officers in the new place were busy booking tickets on Friday for travelling on the weekends to his place of origin and on the subject about suspension of an officer in MP for not completing some TB Assessments, the remark that none of AOs are completing their TB assessment on 31st December was an insult to the ability, sincerity and punctuality of our general member officers and such remarks has deeply hurt him, as he knew many officers who completed the TB Assessments well before 31st December.

 He wanted to express this disappointment as a common member and hence he did not occupy his seat in the dais as a CHQ Secretariat Member.

The President clarified that Shri K.R. Narayana had misunderstood the Secretary General who only quoted former Chairman of CBDT viz. Shri N.B. Singh, who had once said about the officers time being wasted on arranging for tickets to travel on weekend, while acknowledging the hardships of the transferred officers and the disutility of the Transfer Policy for the Dept. Further, the remark on the impossibility of Officers to complete their TB Assessments, was to highlight the huge work-load on the hapless officers. On both the remarks, there was a loud applause from the common members, which only goes to establish that the common members did not take such remarks as belittling them in any manner. Thus the President concluded that, fears of Shri K.R. Narayana was misplaced.

6. The President, requested Shri K.R. Narayana to take his place on the dais. He then asked the Secretary General to brief the members on the achievements and pending issues, as detailed in his report, which has already been presented to the members.

6.1 Before delving in to the issues and performance in the last two years, Shri Rajesh Menon- Secretary General, thanked each & every member from whom he drew strength while negotiating with the authorities. He also appreciated all the 18 Units for their timely inputs and excellent support, on all matters.

He then elaborated as under :

 The two years of 2008 & 2009 was very eventful, with hectic meetings, both within the Organisation of ITGOA/JCA/COC-R/CCGGOO relating to 6th CPC/ CCS(RP) Rules 2008, CRC, Amendment to Transfer Policy, etc.

 Although, there is always room for further excelling in performance, many of the issues could be clinched, whether it is GP of AO-Gr.III/PS, GP of ITOs, CRC Proposals, Transfer Policy, Promotions, one year relaxation for JCIT, etc.

 After the 6th CPC report was made public with tall claims of 40% pay rise to babus and to protest against the meager raise of 18 to 21% to all those in PB-1 to 3, a novel form of protest i.e. sending around 1,00,000 ‘Get Well Soon’ cards to Chairman of 6th CPC, was implemented under CCGGOO, which was given wide publicity in the press.

 When the implementation of 6th CPC recommendations was announced by the Hon’ble PM in his Independence Day Speech on 15/08/2008, information was collected from the net about the final proposals and it was learnt that upgradation of GP to 5400 was granted to only Gr. B Officer of CSS & Railways. Immediately letters were written to PM, FM, MOS (Finance), MOS(DOPT), UPA Chairperson, RS, ES, Chairman-CBDT from the NADT where Secretary General, Treasurer and Jt. Secretary were undergoing a 6 week training course. Finally, on 29/08/2008, when the CCS(RP) Rules, 2008 was notified, the scheme of up-gradation of Gr. B Officer’s GP to 5400 after 4 years of regular service, was extended Revenue Dept.

 After analyzing the Gazette Notification of CCS(RP) Rules, 2008 and Resolution, a detailed note in favour of granting GP of 5400 to all ITOs who have completed 4 years as on 01/01/2006 was circulated, which helped CCIT(CCA) to fix the pay of

ITOs accordingly. But, objections were raised by ZAO and Principal Controller of Accounts, which was effectively removed, by continuous follow-up with Board, HRD and Director-Implementation Cell. Further, when postal dept. issued a circular granting 1 increment at the time of granting GP of 5400, then with further follow up, similar clarification was got issued for ITOs also.

 Ao-Gr.III & PS were the worst affected by 6th CPC, as they were clubbed with Sr.TA/OS & Steno-II/I with the same GP of 4200 and to add insult to the injury all those who were promoted as AO-Gr.III between 01/01/2006 & 30/08/2008, notice for recovering the promotional increment was served. ITGOA analysed the CCS(RP) Rules, 2008 and clarified in its circular that these officers were entitled to GP of 4600, with prior sanction of Expenditure Secretary. But such sanction was not forthcoming. Demonstration were held under JCA & COC-R and finally vide OM dated 13/11/2009, GP of 4600 was granted to all those who were in the pay scale of 6500-10500, thus solving the immediate problem of AO-Gr.III/PS. But our ultimate demand for these officers is GP of 4800 similar to ITOs as both are Group ‘B’ Gazetted Officers and were equated by 5th CPC.

 ITGOA wanted that the demand for placing the JCIT in PB-4 by highlighting the similarity in role, duty & responsibility with Addl. CIT, be pursued through CCGGOO for more effectiveness. But this demand did not find favour with other constituents. Therefore, this is being pursued by ITGOA alone in the Deptl anomaly committee or other appropriate forums.

 Regular promotions to the grade of ACIT for R.Ys 2007-08 & 2008-09 was got done in October 2008 itself and with this the promotions came up-to date. But the same for R.Y. 2010-11 could not be held, due to non-finalisation of All India Seniority List of ITO. Shri R.S. Meel, Addl. Secretary was asked to details the status of the seniority list, as the committee under him was entrusted this task. Similarly, due to sustained pressure of ITGOA, promotions to the grade of DCIT as on 01/01/2009 has come and work for the same for 01/01/2010 has also started. Further, ITGOA was also successful in forcing the Board to approach DOP & T for a one year relaxation for filling up huge vacancy in JCIT’s post and sanction for the sad relaxation has been duly received. During the last 2 year period, 3 of our members got promoted as CIT, which was unique in the recent history.

 On the matter of correct seniority to DCIT, especially in the wake of CAT’s judgement in the case of Shri S.K. Shukla confirmed by Hon’ble Supreme Court, Board has not done justice to promotee officers. Shri Padam Singh, who was authorized by ITGOA to explore legal action, has explained in detail about the status of this case and also stated the counsel’s advice to wait for the outcome of the Dept.’s writ in Delhi High Court against the Principal CAT’s judgement.

 ITGOA was successful in incorporating the 2 years cooling off period and immunity from transfer for its principal office bearers of both CHQ & Units, in the proposed new transfer policy. Besides, there are some added features like display of list of officers likely to be transferred in the official website by 15th January, which will enable affected officers to make a representation, in time. As Chairman had informed that the same is awaiting the approval of the F.M. Once the new policy is notified, we can visit this issue again, based on its contents and its suitability to our members.

 Non issue of Civil List is causing great consternation amongst our members. Besides, the manner in which the same was removed within 8/10 days of its displaying from the official website of the Dept., gives rise to speculation that something is amiss. We have to be alert and careful on this front, despite the Member (P)’s assurance in the open session that the same will be released soon.

 First meeting of CRC was on 05/01/2009 and the last meeting was on 17/07/2009 and during the intervening there was flurry of activities and meetings i.e. with CRC and within ITGOA/JCA. Besides, suggestions were also received from various Units through E-mail, which were collated and utilized in preparing our submissions. There were differences with ITEF, our JCA partners, especially w.r.t number of new posts ITOs & ACITs, because the goal of both were to maximize the number in these grades, which was the last & first promotional avenue, respectively, affecting overall promotions to their members. Therefore, it was decided to submit separate proposals, but both supported each other during oral discussions, such that the overall numbers in both the grades i.e. ITO & ACIT is much higher than that achieved in 2001 Restructuring. Further, the grades of AO & PS/Sr PS which were almost neglected in the earlier exercise, have been well taken care of now, ensuring decent promotional prospects. Details about the

number of new posts in every grades are made explicit in the Secretary General’s Report, which was also referred to.

 On the organizational front, new teams have taken over after elections in almost all the Units, which proves the keen interest evinced by general members in Association’s activities and this portends well for the Association & its members.

 Finally, before winding up, the Secretary General thanked all as under : a. The President, for his full support & co-operation in general and extending his deft skill in negotiation with authorities. b. Vice Presidents, Shri Rakesh Agrawal for his valuable suggestions and Shri Radha Kishan for overall guidance and active support, in Delhi. c. The Addl. Secretary, Shri R.S. Meel, who along with his Committee undertook the mammoth task of compiling the All India Seniority List of ITOs, with least possible objections. Shri Meel was requested to elaborate on the said list. d. The Jt. Secretary, Shri K.R. Narayana, for his timely suggestions and also for managing ITGOA’s website www.itgoa.org e. The Asst. Secretary, Shri R.N. Dixit for providing logistical support in Delhi and especially for following up the promotion to ACIT of RY 2008-09. f. The Treasurer, Shri Anantharaman N.V. Iyer, for providing the much needed secretarial assistance in drafting letters/petitions/submissions/reports etc and minutes of all meetings, in an effective and timely manner. g. Delhi Unit for providing logistical support, A.P. Unit for bearing major expenses of the President, Mumbai Unit for bearing the expenses of Treasurer. Vice President & also Jt. Secretary. h. All the Units of ITGOA for their valuable inputs on various issues and their unstinted support for all actions of ITGOA/JCA/COC-R & CCGGOO. i. General Members of all Units for their support & unflinching faith in ITGOA. j. Our partners in JCA i.e. ITEF, in C-O-C (Revenue) i.e. All Organisations in the Revenue Depts i.e. I.T, Customs & Central Excise & in CCGGOO i.e. All Organisations of Gaz. Officers in Central Govt.

The Addl. Secretary, Shri R.S. Meel addressed the members, as under :

 Support given by the Committee members, especially S/Shri K.R.Narayana & Jayadevan and all the Units in providing the necessary information, even at very short notice, was commendable and without which this herculean task would not have been possible. The support given by the President & Secretary General was also crucial for the finalization and getting the approval of Ad. VI.

 Basis for finalizing the seniority was the same as decided by the Gupta Committee i.e. Deemed Date of Joining as Inspector, but the details of those who had retired between 2001 to 2007 was also taken, which ensured correct DDoJ for all. Further, the seniority list was made in two parts i.e. RYs 2000-01 (with 1470 officers) & 2001-02 (with 550 Officers). All the major objections have been sorted out with Ad.VI also, but still further grievance cannot be ruled out. All Unit Secretaries were requested to study their member’s objections and bring it to CHQ and it was assured that all efforts will be taken to redress the same. 7. The President then invited the delegates, unit-wise starting from Nagpur Unit, to deliberate on other items of the agenda i.e. Secretary General’s Report, Organisational Review, Policy & Program of action. The Units present, expressed their views, as under :

i. Nagpur Unit (Shri Mohan Kumar-GS)

Following was stated on behalf of the Unit :  The last 2 year period was a mixed bag of success & failure. But, a welcome feature was that members are looking at ITGOA with more hope.  All out efforts were made to revive the Association in Nagpur Unit and towards this objective, the visit of President and Secretary General lent a very constructive help. During the one day strike on 20/08/2008, there were lot of discussion in NADT where the GS of Nagpur Unit was posted as a faculty, whether there can be any strike program in the Training Institute and whether faculty can be allowed to go on strike and if yes, what message will go to the Trainees. But, as the entire Unit was firm on its resolve to carry on with the program, NADT declared the strike day as ‘Self-Study’.  BGM & MCM of ITGOA are becoming more like Budget discussion in the parliament where everyone know, what one is going to speak, irrespective of its content. Instead, what is required is a honest introspection on the events in the last 2 year period and a road-map for the next 2 years.  Members of Nagpur Unit were very happy with the achievements on the GP of 5400 to ITOs, GP of 4600 to AO-Gr.III/PS, Holding of timely DPCs etc. Still there are some issues like ZAO’s objection on 1 increment at the time of upgradation of ITO’s GP to 5400, Generation of CASS list, with large number of cases, at the last moment rendering it almost impossible to serve the notice u/s 143(3), Huge Work-load etc., needs to be resolved.  On the vigilance front, there are routine extension of suspensions and inordinate delay in grant of vigilance clearance delaying many a promotion, up-gradation, etc. There must be a negative list i.e. a list of officers on whom vigilance action is initiated & others can be treated as cleared.

 Training needs of ITOs and Promotee ACIT, needs to be given importance equaling the significance attached to DR Officers, as they form the cutting edge level in the Dept. Besides, infrastructure provided to RTI & MSTUs needs to be suitably up-graded.  Out of 1% incentive, draft proposal includes an outlay of Rs. 85 Crores to Revenue Research Institute, which is nothing but a High Profile Club for DR IRS Officers. Besides, a sum of Rs. 18 Crores have been earmarked for Courses at IIM for DR Officers who qualify in CAT. ITGOA must ensure that 1% incentive reaches all staff & officers. ii. N.E.R Unit (Shri Pulak Das, G.S.)

On the SG’s Report & other issues, the following was stated :

 SG’s Report did not contain any obituary in respect of our members, both past & present. Besides, the report was silent on the political scenario in the country and problems faced by other officers organizations like PSUs, Nationalised Banks, etc., which was a necessity as ITGOA was premier organization. Similarly, Vision-2020 also does not find any mention in the Report.

 NER with a very vast region spanning 7 States with 22 Stations, was facing an acute shortage of Staff & Officers. As against a Sanctioned Strength of 24 Jt./ Addl CITs & 49 DCIT/ACITs, Working Strength was 11 Jt./ Addl CITs & 39 DCIT/ACITs. CHQ must impress upon the Board to resolve this at the earliest.

 Transfer is a big problem for Officers, as the region is having different Universities/Boards with variation in subjects/languages, Children of Officers is not comfortable in shifting along with their parents, which renders the transferred officers to maintain 2 establishments. Further, when there is pick & choose policy in transfers like that seen in the last years AGT for ACIT/DCIT, it becomes very difficult to explain to the members.

 CHQ must convey the above problems i.e. on the acute shortage and transfer, to the Board and request to do away with the policy of compulsory transfer on promotion.

 A strong message of friendship, long life & togetherness in struggle must be sent to ITEF, our partners in JCA, on the Occasion of Federation Day being celebrated today i.e. 10th February.

iii. N.W.R Unit (Shri Satish Bhalla, G.S.)

Assuring of earnest efforts in reviving the Association’s functioning in NWR, following suggestions were placed before the members :

 There is an urgent need to improve the office environment and IT Towers at Hyderabad must be emulated all over the country. Residential quarters also needs to be overhauled. These must be commensurate to Revenue that we are collecting for the nation. ITGOA must set-out realistic targets in this direction.

 There is a felt need to reduce the tension that officers are facing on the field, relating to huge work-load, frivolous reporting, poor connectivity, absence of judicial reference system, etc. Officers also must raise themselves to an absolute professional approach to their work and must desist from being servile to the haughty bosses, known for their high-handedness. The harassment of Assessing Officers on account of non-usage of privileges under AST by CIT & Addl. CIT must also be highlighted to the Board and a clear-cut instruction for generating all statistical reports from the System must be insisted upon.

 CHQ must take up with the Board on the stipulation w.r.t a specific percentage of quality assessment, especially when cases are selected under CASS.

 Promotions must be held on timely manner and any delay must be dealt with strongly. Here, the suspension of an ACIT & his Jt. CIT in MP Charge must be cited to the Board and ITGOA must demand similar action on the erring official, who is responsible for delay in granting promotions.

 On the inter-charge transfer, the choices exercised by an officer must be strictly honoured.

 As in the case of Inspectors, the ratio between Promotee & DR is 2:1, even in the grade of ACIT the ratio should be 2:1 or else the promotees must be given due weightage for their experience and directly promoted to the grade of DCIT, as is happening in Haryana Civil service.

iv. Orissa Unit (S/Shri M.K. Chanda-V.P. & K.K. Nath, G.S.)

Following views were bared on the SG’s Report and other pending issues :  SG’ Report was quite elaborate and nicely presented. But, the Resolutions of 39th BGM was in fact adopted at Raipur only and in the Secretariat Meeting at Mumbai, it was only re-arranged. It is silent on D.T.C & Vision-2020.  Promotion to the grade of ACIT for RY 2008-09 was on time. But for RY 2007-08, there was a delay of 1 Yr & 10 Months and there is delay for RY 2009-10 also. Similarly, there was a delay of 1 Year for the promotion to the grade of DCIT as on 01/01/2009. Thus, we must accept that we have failed in compelling the Board to implement the DOPT’s model calendar.  While the efforts of Secretary General, as seen from number of visits to Delhi, is laudable, the achievements are not in spectacular. Even, the assurances of both Chairman & Member (P) w.r.t Transfer in the month of November 2009 & then in January 2010, could not be enforced upon.  On the 6th CPC, CHQ deserves kudos for the GP of 5400 to ITOs, but efforts must be made to get the same in PB-3 and not in PB-2 i.e. in line with CSS. Similarly, although CHQ cannot be slighted for the achievement of GP-4600 to AO-Gr.III/PS, the long agitational program and a common O.M. does not leave much room for contentment. Fabulous rise in pay from PB-3 to PB-4 and CBDT’s clamour for more Secretary Level Posts in the Cadre Review exercise is causing a very bad taste for promotee officers.  Huge work-load, Suspension of an ACIT & the supervising Jt.CIT in MP on the ground that some cases got time-barred, Surreptitious manner in which the IRS Recruitment Rules were sought to be amended (which was stalled only on account of ITGOA’s protest) and non-publishing of IRS Civil List, are all demoralizing the officers at large in the field. CHQ must take effective steps to stem these actions of the Board, with strong pro-active measures.  Principle enunciated by CAT in the S.K. Shukla case must be applied to all.

 Member (P)’s observation that there was general happiness on transfers was not correct. In fact, the pick & choose method have caused lot of grievance.  Copy of CRC’s Report was not given to all Units, despite specific request made in the EMCM held at Delhi. Besides, CHQ must be alert in this regard, lest the earlier experience of bifurcation of vacancies at the grade of ACIT alone would again be resorted to, our disadvantage.  In the Pune MCM, a strong Resolution was demanded on the unpleasant episode involving our President & RS. This aspect has not been elaborated.  Finally, we must develop ITGOA in to a strong organization to thwart all sorts of discrimination and uphold our legitimate rights. v. Pune Unit (S/Shri S.C. Shivgunde-President & B.Sunil-G.S.)

Following issues were placed for consideration of the members :

 Work-Load must be realistic i.e. say 5000 Assessees per Officer. Further, reports are excessive and repetitive. Besides, there is judicial work also. There is an urgent need to devise some mechanism to reduce the burden, which is one of main reason for spurt in VRS amongst Officers. Out-sourcing can be there, but it should under the control of Dept.’s Officers & Staff.

 The excessive work-load becomes unbearable with the shortage of officers & staff. One way to reduce the time-lag in recruitment is to authorize the CCITs to recruit the necessary staff from their region. Further, promotions must be held on timely basis. With APAR, Dept can even think of uploading the same in the intranet, so that the same can be electronically accessed, even for promotion purposes.

 CHQ must highlight to the Board about the infrastructural deficiency in the field. Similarly, clear-cut orders in respect of operational vehicle has to be insisted upon, for obviating mis-use of the same.

 Another area that is pending uniform resolution is Special Pay. In Pune, Officers working in Central, Audit & Investigation are not getting Special Pay, whereas in some regions it is being paid @ 10% of Basic & in some other regions, it is being paid @ rates prevailing prior to CCS(RP) Rules 2008. Board must be asked to issue required Instructions for the Country as a whole.

 Board must be made to apply, principles of S.K.Shukla Judgement, to all similarly placed officers, as it is confirmed by Apex Court.

 Targets must be for the Range as a Unit and not for individual officers. CASS has been a big flop, as it is throwing up lot of cases of retired individuals because of their investment in Mutual Funds. These must be highlighted.

 CHQ will do good to tell CBDT that without proper infrastructure, Vision- 2020 will remain only a lofty ideal or claim.

 Instead of discussing only the issues, we must put our heads together to suggest measures or concrete steps, to resolve them, in the rightful manner, as we want. vi. Rajasthan Unit (S/Shri Phaneeshwar-President, Sitesh Verma-Treasurer)

Following was stated :

 During the last 2 year period, there were many issues that were solved like GP of 5400 to ITOs, GP of 4600 to AO-Gr.III/PS, Promotions to ACIT of 07-08 & 08-09, All India Seniority List of ITOs, etc. for which CHQ was thanked. But, still there are issues adversely affecting our members like work-load, shortage of staff, etc. which needs to be concentrated upon by CHQ. Although, Meel Committee has done a splendid job on ITO’s Seniority, still there are some grievance, which can be addressed only when ACIT promotion for all ITOs of 2001 come together. CHQ must strive for the same.  ZAO of some regions are raising objections w.r.t one increment while up- grading ITOs GP to 5400, which has got to be resolved.  Work-load has increased beyond acceptable levels and officers are forced to work on all 365 days without any break, which has serious health risk. Problems relating to processing persists and dependency on DEOs has increased the risk of officers who are forced to share their user id & password, especially in view of the Refund Scam that happened in Mumbai. There has to be definite responsibility for staff also. Similarly role of Range Heads also needs to be defined and definite and not indiscriminate interference. CPIO is an additional burden on the Assessing officers, which needs to be done away.  Budget Targets must be Range-wise, as with PAN Migration collection and refunds are also shifted. The target for quality assessment i.e. with an addition of 5/10 Lakhs is unrealistic, without any consideration for returned income and/or number of scrutiny cases, per officer. In fact, quality assessment needs to be encouraged with suitable rewards & formal appreciation.

 On CRC, regular updates are required from CHQ. Similarly, work relating to promotion to ACIT for 2009-10 & 2010-11 must be expedited.  Nothing seems to be done on Special Pay for Officers of Audit, Inv., Central, CIT (CO), etc. even after a lapse of 3 years. Similarly, the latest reward proposals are heavily loaded against Group ‘B’ Officers who even get less than Group ‘D’ staff, because of % system. CHQ must concentrate on these areas.  Vigilance clearance for granting GP of 5400 and now again for granting one increment, must be strongly objected to and suitable guidelines must be got from Board or DGIT (Vig.) vii.T.N. & Pondy Unit (S/Shri Rabin Chaudhary-Pres. & M.Vivekanandan-GS)

The attention of the house was drawn to the following issues :

 The agony of Assessing Officer due to heavy work-load coupled with poor infrastructure (mainly relating to connectivity), their compulsion to share ID & Password with both staff and stark outsiders cannot and should not continue. In the wake of Refund Scam of Mumbai, we must highlight to the Board the problems of processing the returns like double refund i.e. both manual & ECS, multiple credits being shown in the system for the same TDS, etc and must demand from the Board a thorough review of ECS by a professional body and introduce checks/safety measures as adopted by CBEC.

 Board must be made aware of the Heavy Work-Load and asked to revert to CASS run once in two years say February & August, with an upper limit of 100 scrutiny cases per officer/charge.

 Many cases of harassment by superiors goes unreported due to fear of ACR. To preclude this, we must demand rating of superiors by the subordinates. Further, the target for vigilance must be fought tooth and nail.

 Our goal in the Transfer Policy must be to remove the compulsory transfer on promotion and immunity to principal office bearers of both CHQ & Units, till the completion of their term.

 On the 6th CPC front, we must strive to place JCIT in PB-4 on account of similarity of role & duties/responsibility with Addl. CIT. The adamant and

impractical behavior/stand of ZAO w.r.t GP-5400 to ITOs and now for one increment must be attended to by approaching the implementation cell.

 While thanking the present CHQ leadership for their excellent efforts that resulted in many achievements on the GP of ITO, AO/PS, Transfers, CRC, etc. there was no room for any personal ego at any quarter. Difference of opinion, if any, needs to be sorted out in an amicable manner and in this senior comrades have a greater responsibility. We must synchronise our synergies and collectively fight the injustice meted out to our members, day in & day out.

viii. U.P. (East) – Lucknow (S/Shri R.K. Ram-President & C.K.Singh-G.S.)

Following ideas were expounded :

 Manpower shortage and connectivity problems are universal and Board must be told categorically that all targets would be realistic only when these problems are completely resolved. Computerisation as per Railways needs to adopted in our Dept. also.  Board must be made to realize the seriousness of heavy Work-Load and some statutory measures would also be required. For example limitation u/s. 201 for processing of TDS Returns that are E-filed in the year 2009 would be 31/03/2011 and in Lucknow charge itself there are more than 1 Lakh Returns. If TB date cannot be extended then more manpower will have to be committed.  Harassment of member officers by CIT-Haldwani continues unabated and recently the said CIT gave Outstanding ACR to some of cronies and downgraded the remarks of some officers who refused to toe his line. CHQ must take up the issue with Board and get the rogue CIT transferred.  As for electing the new office bearers of ITGOA, all the Units must ensure that best talent amongst us must be selected, in the interest of our general members. ix. U.P. (West) – Kanpur (S/Shri Raghvendra Singh & Arvind Trivedi, G.S.)

Following points were placed on the SG’s Report & other issues :

 CHQ deserved to be congratulated on timely promotion to the grade of ACIT, exhaustive submissions for the 6th CPC and other achievements like GP of 5400 with one increment for ITOs, GP of 4600 to AO/PS, etc. But similar achievement was needed on other issues also, like Placement of JCIT in PB-4, Weightage for experience of ITO & direct promotion to DCIT and GP of 4800 to AO/PS in line with ITOs.  The Action Taken Report on the Resolutions passed in 39th BGM is far from satisfactory, with success reported in 5 or 6 Resolutions only. Why other Resolutions were not pressed for and achieved for our members.  Although the entire committee under R.S. Meel has done a wonderful job relating to All India Seniority of ITOs, the genuine grievance of Ad-hoc ITOs is yet to be resolved.  SG’s Report is completely silent ofn DTC & Vision 2020, which can have repercussion on the working methodology and work-load of our members  The chapter on amendment to IRS Recruitment Rules is well presented with Charts and Tables, analyzing the existing and proposed situations. If we can achieve the proposed increase in % for promotion quota, it will be good.  Copy of CRC report must be given to all the Units for enabling them to study the proposals and see whether they are beneficial to our members. Number of ACITs needs to be increased further by demanding 2 ACIT in every Range, so that all ITOs promoted in 2001 are simultaneously elevated as ACIT and this alone will address seniority problem. In case regular promotions are not possible, then Ad-hoc promotion to ACIT can be resorted to. CHQ must approach RS & FM, if Board is not agreeing to this demand. Besides, all new posts consequent to CRC must be filled up by promotions alone and there should be no transfer, as in 2001 Restructuring.  Although the position w.r.t promotions is good, especially for ACIT grade from RY 2007-08 & 2008-09, there is no room for any complacency. Promotion must be completed before 31/03/2010 for RY 2009-10 and before 31/12/2010 for RY 2010-11.  ITGOA’s consistent demand that Transfer must not be for the sake of Transfer, must be pursued and taken to its logical end. If need be strong agitation can be mounted for achieving this demand.  S.K. Shukla matter is primary to our members and therefore it should not have been removed from the JCA’s Charter of Demand. Secretary General must clarify on this as also the steps taken to ensure that DOPT’s OM dated 03/03/2008 on the relative seniority is not implemented, as long as promotions are not granted as per the Model Calendar devised by DOPT.

 The revelations of Shri Moankumar, GS of Nagpur Unit on the Revenue Research Institute etc out of 1% incentive is alarming. CHQ must demand the Board to seek its views before committing the incentive funds.  Although milestones reached is laudable, there are areas that craves for CHQ’s attention like finalization of Civil List at the earliest, providing sufficient staff commensurate to work-load and regular updation of ITGOA’s website. Here we can demand one page in the official website like that of IRS Association.  In UP(W), both ITGOA & JCA are strong and are working in its true spirit. But, CHQ must clarify the last minute withdrawal of strike of 09/09/09 and the fact that ITEF were openly talking about the withdrawal even before the joint Circular under the banner of JCA.  While the target for quality assessments are same for all, Promotee officers are discriminated on the Training. This needs to be highlighted by CHQ. x. W.B. Unit (S/Shri Parimal Sarkar-G.S. & Sayantan Bannerjee-Treasurer)

On the issues and methodology to achieve our demand, following was suggested :

 BGM & MCM need not be like the Ruling and Opposition in parliament. CHQ must be given kudos for all achievement, but at the same time criticism must be taken in right spirit. Despite the differences in perception, all calls given by CHQ must be implemented by the units and our unity must be exhibited.

 Chairman’s observation that 2009 went of peacefully without major agitation bared the bonhomie between the Board and CHQ. Although the present leadership was elected unanimously at Raipur, in last 2/3 meeting fissures have been evident amongst CHQ members. There is wide communication gap, as E-mails alone are not sufficient and cannot replace the paper circulars. Besides, ITGOA’s website is not being regularly updated. While Red Salute has been given to Shri G. Gopalan, our former President, we have failed in getting justice for him & get his unceremonious transfer from TN to Orissa cancelled. Also, insult of the current President by the RS has also gone unchecked. If the Presidents of ITGOA can be treated in such a shabby manner, what is the fate of ordinary member ? From all these, one can conclude that there have been a suicidal slide in working of ITGOA in last 2 years, which needs to be stemmed, in the interest of our common members.

 CHQ must make the CRC Report public, as also the efforts taken to fill up vacancies around 500 in the grade of JCIT & 600 in the grade of ACIT. Secretary General must clarify whether we have demanded filling up all additional posts consequent to restructuring by promotion and submitted a rejoinder against implementing the DOPT’s OM dated 03/03/2008 on the relative seniority between DR & Promotees.

 The objection raised by W.B. Unit on the All India Seniority of ITOs, especially the basis for determining the seniority of officers promoted before 2001, has not been addressed to.

 Non-publishing of Civil List is causing serious apprehension, as there have been attempts at amending IRS Rect. Rules to the detriment of Promotees. The S.K.Shukla judgement must be made applicable to all similarly placed officers and the Chairman’s suggestion that all officers must approach Court/CAT for getting the said benefit, must be seriously agitated.

 SG’s Report is silent on DTC. One primary question is how are we going to complete all the scrutiny assessments before 30th November (where there are additions which will have to be referred to collegiums of 3 CITs one month before TB date) ? The unpleasant incident of suspension of an ACIT & JCIT in MP for allowing some cases to time barred will be repeated across the country.

 Although, CHQ deserves kudos for achieving GP of 5400 with one increment to ITOs, the fact that it is in PB-2 leaves a bad taste. Further, the requirement of vigilance clearance also needs to be done away with. Besides, rejection by 6th CPC of our demand for notional fixation of earlier revision w.e.f 01.01.1996 should have been agitated upon, especially as Hon’ble SC has decided that Courts cannot adjudicate on matters relating to pay. Similarly, we must demand GP-4800 to AO/PS.

 Transfers are not effected as per policy. But officers are handpicked to special or harsh treatment, which is causing serious grievance. Even the principal

office bearers of the Units are not being spared, which is seriously denting the efficient functioning of ITGOA/JCA at local level.

 CHQ must ensure proper utilization of 1% incentive. Laptops must be given to AO/PS and also to newly promoted ITOs. The clause on the returning the same at the time of retiring must also be removed.

 Vigilance Cases, remaining unresolved for ages needs to be taken by CHQ. Further, it is gathered that some random cases are to be selected from the IPRs submitted, will open up a pandora’s box and most of our members will retire without retirement benefits. xi. Bihar Unit (Shri Diwakar Singh, G.S.)

Following observations were made :

 All pending issues have been discussed threadbare and we must strategise to achieve them, in a time bound manner.

 During the last 9 years or so with actual participation in the affairs of ITGOA, it can be safely said that the general members on the field are feeling the vibrancy of the organization, which has been brought about in the last 2/3 Years, by the present leadership. Promotions have never been so timely and the DOPT’s model calendar is on the verge of being achieved & Contentious issue of All India Seniority of ITOs have been resolved without much grievance. In fact, continuous & relentless efforts of CHQ and its timely communication has raised the expectation level of general members to an all time high. Therefore, comments of W.B. Unit that there has been a backward slide, cannot be a general member’s opinion. At best, it can be a perception of few individual members or groups.

 SG’s Report covers almost all major issue (excepting DTC & recenty announced Vision 2020) and is a candid reporting on our demands and achievement. Here, one must remember that no one can be expected to deliver on all fronts and like-wise all demands cannot be achieved to the satisfaction of all, as demanded by UP(W) Unit. But what is important, is the our CHQ has committed serious efforts in pursuit of our demands, which alone is in our control. Results, thereupon is dependent on various other factors and judging

the leadership on results alone would be actually suicidal. Nevertheless, views of all Units are equally important for the democratic functioning of ITGOA.

 In Bihar, both ITGOA & JCA are working in close co-ordination and CHQ leaders visit have helped in redressing some genuine local problems.

 With introduction of RSA token, the security of the system must be foolproof and towards this we must demand only one RSA token for one ID. Besides, the system must so tuned that as soon as an officer logs out of the system, the connection with his ID must immediately terminate and for fresh login, the RSA token must be the only Key. This will reduce the risk of manipulation and scam and also consequent vigilance cases. This will be technically feasible. xii.Delhi Unit (Shri Baswanand - G.S.)

On behalf of the Unit, the following was mentioned :

 Honest reporting on the attempts made in realizing our goals and the clear/unambiguous style and avoiding unwarranted generalization in the SG’s Report is worth appreciating. It cannot be said that nothing has been done in the last 2 years and problems are bound to be there, if attempt at anything, but that should not deter us in our pursuit of our member’s genuine aspirations. There is scope for further improvement, like effectively resolving the permanent hurdle of ACR & Vigilance clearance from the path of timely promotions, in line with the senior grades of CIT & CCIT.

 In the Board Meeting of 16/12/2009, where ITGOA was not a member, some variations have been discussed to the CRC report and some increase in the number of posts in CCIT & JCIT/Addl. CIT have been suggested. CHQ must find out, if such increase is at the expense of posts in the grade of ACIT/DCIT and if so launch a stiff resistance.

 The steady increase in the work-load is causing serious risk to the health of officers and we must impress upon Board to reduce the same or provide adequate manpower and/or infrastructure. Further, efforts must be to extend the TB date to 31st March.

 CBDT’s attitude on the S.K.Shukla matter as that of an individual and IRS Association’s interference (through its secretary Shri Amitabh Kumar, who is also DIT-RSP&PR) in the IRS Civil List is not acceptable.

 CHQ must press for the new transfer policy before the next AGT. Problems of officers posted in Directorates must also be effectively addressed to.

 On the ITO’s seniority, all further objections to be properly taken care of. If CHQ can ensure simultaneous promotion to all ITOs of 2001 as ACITs, much of the grievance would be taken care of automatically.

 Board must be told that there can be no quality assessment target, especially in CASS cases. Besides, with the level of work-load, we can only ensure that cases are completed to the best of our ability.

 On the methodology, we must have few Resolutions/Demands instead of a very long list and these should be backed-up with a firm program of action. xiii. Gujarat Unit (S/Shri Barot-V.P. & Y.S. Meena-G.S.)

Following aspects was highlighted :

 Problems plaguing our members were manifold like huge work-load, lack of manpower & infrastructural complement, genera apathy of CBDT and Administration, IRS hegemony, etc. Unrealistic targets such as that of quality assessments from CASS cases are heaped upon us without adequate balance of authority & responsibility. All these makes it imperative, that ITGOA must emerge as a strong organization with pan India unity capable of bringing the recalcitrant Board in to its senses.

 DTC are bound to affect our members. Gujarat Unit had given a detailed note to the Rajgopalan Committee, but action taken there upon has not been made known. Similarly, Gujarat Unit in its meeting with CCIT-Ahmedabad on Vision 2020 made it clear that without adequate manpower and infrastructure the lofty ideals claimed would remain only in paper and this was duly endorsed by the CCIT to the Board.

 Gujarat region has been worst affected in the All India Seniority List finalized by RS Meel Committee. It was once again requested that this aspect needs to be addressed to at the earliest, lest some members approach the judiciary.

 JCA has become a sort of a habit, where ITEF gets away with all its frivolous demands and our genuine demands are given a go-bye. Still Gujarat Unit, has been implementing all the call of CHQ.

 Even though all goals cannot be achieved to the level of our expectation, still when we measure performance, there must be a dispassionate assessment. In that respect, it can be said that on many counts like promotions GP issue of ITO, AO/PS etc., the results are much better than earlier years. But we must strive further for achieving better results for our members on proper distribution of 1% incentive, timely promotions, etc. xiv. Karnataka & Goa Unit (S/Shri B.V. Venkatesh- Pres. & K.E. Rajan- GS)

On behalf of their Unit, following points were stated :

 Bangalore is becoming a sort of experimental lab, be it LTU or CPU and after being a witness to all these from close quarters, one thing is sure that if not checked in time, then even for the information as contained in the Returns pertaining to one’s own charge the officers will be required to spend money.  Karnataka region have been discriminated on the manpower allocation, as it is not commensurate to its 3rd rank based on the Revenue collected. CHQ must keep this in mind while allocating the CRC posts.  ITGOA will have to emerge as a strong organization. Only then Chairman will think twice before suggesting that all officers will have to approach CAT for getting relief similar to that of S.K. Shukla.  SG’s Report must also contain notice for the BGM. Further the DTC and Vision 2020 also must have been duly discussed in the said report.  On the GP of 5400 to ITOs, CHQ must be congratulated, but the objections needs to be taken care of. Further, we must strive to get it on promotion as ITO and not after putting in 4 years as ITO.  Karnataka Unit has started a relief fund, out of which family members of officers who die in harness are paid a sum of Rs. 10,000/-, which can be emulated by other Units also.

 1% incentive needs to spent only after consultation with ITGOA. From this we can demand mobile phone and data card to our officers and the LAPTOPs needs to be given to AO/PS also and the same must be made non-returnable.  19 Officers from Karnataka region have been ignored in the All India seniority List of ITOs by the said Meel Committee, which may please be looked in to.  Amendments to the constitution, as approved by the MCM on 08/02/2010 needs to be circulated to the members, for encouraging discussion in the BGM also, and which can be eventually adopted.  After electing a new body, all of us will have to sink our differences and work unitedly, upkeeping the true principles of camaraderie, on which our esteemed Association was founded by our illustrious predecessors. xv. Kerala Unit (S/Shri Chandra Mohan-President & R.Rajagopalan-G.S.)

The Unit’s stand on various issues was bared as below :  The criticism made by some of the Units was not creative as corrective measures has not been suggested. In fact all Units must come up with report of their support to the CHQ. Kerala has given full support to CHQ in all its efforts and CHQ has also supported in the trying times faced in fighting with a vindictive CCIT, who did not flinch from inflicting damage to member officers even at the eve of the CCIT’s retirement. Besides, JCA was strong in Kearala, which gave a stiff resistance to the atrocities of the said CCIT.  Contact and communication through E-mail was fine and the same should be more regular. Besides, our website also needs to be updated regularly.  Transfer policy must allow Jt.CIT to complete the balance period of their tenure in a particular place. Besides, as far as possible, the nearest posting must be given. Last but not the least, large number of vacancy in a particular region must confer some flexibility in the Transfer Policy for finding suitable officers to fill up the vacancy for eg. Transfer must be there in only regions where 75% of Sanctioned Strength is Working Strength.  CHQ must ask Board to come out with a clear direction on the operational vehicles, as the same are being misused in the field.  There must be balancing act vis-à-vis ITEF on the DOPT OM dtd 03/03/2008, as the benefit to the promotee Inspector would be lost in the grade of ACIT.  There is delay in implementing MACP in CBDT as compared to CBEC. Here, upgradation of GP to 5400 after 4 years must not be considered as promotion.

 Additonal work-load due to nomination of assessing officers as CPIO need to be fought against and like the post office returns, success will be ours.  ITGOA must appoint a sub-committee to study the shortcomings of the existing computer system and suggest remedial measures.  On DTC, except for Gujarat Unit none of the Unit have given any suggestion and a reply was sent to Gujarat that we must restrict ourselves to comment on any adverse impact on our members and not waste our energies in the drafting or other finer legal points. Besides, now DTC has become an academic exercise as the same is shelved for the time being.  Before asking CHQ to launch strike or strong agitation, Units must introspect on their participation. CHQ’s strength is directly proportional to the Unit’s strength. If only all the programs are carried out by all the Units, the Board will take us seriously and accede to our demands.  Lastly, while appreciating the arrangements by the host unit for ensuring comfort to all he delegates, there was an urgent need to be a little frugal. xvi. M.P. & C.G. Unit (S/Shri Manoj Tiwari-President & S. N. Bhadra- G.S.)

Following issues were stated for CHQ’s consideration :

 Support of many Units, in the form of letter to CCIT-Bhopal on the Transfer matter of one officer in MP who was a cancer patient, finally bore its result in the form of Transfer of the said officer to Bhopal. This episode also proved that if we remain united, Administration will have no option to listen to us.  On the Transfers, despite the specific request to CHQ for one officer from MP to be posted in nearby station on compassionate ground that his daughter was a chronic diabetes, his name was not considered in 3 Orders that were issued by the Board on ITGOA’s request/demand. In the next AGT the said officer came back to MP, due to his own efforts. All these are giving an impression that CHQ only takes up the cases of its favourites and not all.  The suspension of one ACIT and his Jt.CIT in Gwalior is also a glaring example of high handedness of Administration and the callousness of Board towards the problems relating to heavy work-load of promotee officers. Although, the demand to revoke their suspension was made part of JCA’s Charter of Demand, nothing tangible has been achieved, as the strike action of 09/09/09 was deferred and that of 21/11/2009 was called off.  Even after discussing the large number of vacancies in the grade of Jt.CIT & ACIT/DCIT almost in all the meetings, nothing concrete has been done to fill up the same. DPC of 2009-10 has already been delayed, although on account of non-finalisation of ITO Seniority. CHQ must demand that DPC for 2010-11

must also be held along with that of 2009-10. Ad-hoc promotions can be given if regular promotions cannot be given for some reason. Similarly, the one year relaxation for filling up Jt. CITs posts must be demanded for the next year also.  Placement of ITO in PB-2 after 4 years with GP of 5400 is quite insulting and the wide gap in the pay of those in PB-4 i.e. Addl. CIT and above and those upto PB-3 i.e. ITO, ACI, DCIT & Jt. CIT is frustrating. Nothing has been done by CHQ to resolve these issues.  President & Secretary General are representatives of ITGOA and they can be questioned in MCM & BGM and this should not be misunderstood.  Website must be regularly updated with latest information. Besides, some opinion poll also can be introduced. We must take opinion of all and carry all members of ITGOA together. Only then can we achieve our cherished goals.  Representatives of ITGOA & ITEF must be there in Board. This demand must be placed before the Govt.. Even if the same might appear to be a wishful thinking, it is an out of box thinking and probably thinking ahead of our adversary i.e. IRS Association, who has their members in the Board. xvii. Mumbai Unit (S/Shri Santosh Kadampat-Addl. Sec. & Ravi Shankar- J.S.) Following thrust on various issues, was placed before the house :  While agreeing with every member’s right to question President & Secretary General and/or to criticize CHQ based on Chairman’s remarks about no major agitation in 2009, members must also give credit to the leadership for their fearless approach which the same Chairman admitted, when he said that our Secretary General often barges in to his Chamber in the North Block at Delhi. From how many persons and how many times, in the past, have we heard about such confident attitude? In fact, we still remember the 37th BGM at Kolkata, where both President & Secretary General expressed their helplessness in getting an appointment with the then Chairman.  Some speakers have again tried to raise the episode involving RS & our President, even though it was explained in a candid manner in the Pune MCM. This was also a subject matter of an E-mail from one of the comrades from W.B. to the Secretary of Pune Unit and posted to the Google Groups. What are we trying to achieve by such talks? There is no doubt that President symbolizes the honour of our Association and we must be ready to fight for it at all costs, but after the detailed explanation by the President of the mis-understanding and its clearing up in the RS’s Chamber on the same day in the presence of Shri K.K.N. Kutty, former Secretary General of ITEF, raising it, can only be for scoring some brownie points. What is more suprising, is that such an event and such a response, is being made out as that has happened for the first time.

But, in the first half of 2004, the Chairman CBDT asked Shri P.V.S.Sarma, then Vice-President, to get-out of his Chamber during a meeting, that too in front of Secretary General, who happened to be from W.B. and the then CHQ did not raise any objection whatsoever. Even when the matter was raised by the said V.P. himself, in the MCM held at Chennai in July 2004, there was no worthwhile explanation from the leadership, as against the fact that in the present scenario, the objection was not from the President but from some members from Orissa & W.B., which was very candidly explained by the leadership. This was mentioned neither to justify any one or any action / inaction, but only to highlight that the leadership, must be given some freedom to handle such delicate situation, who are alone, privy to all minute details. We must maintain our confidence in the leadership that we reposed while electing them. Further the subject matter of the said meeting with RS, has been successfully clinched in favour of AO-Gr.III/PS, even though RS had clearly stated in the meeting that he was mainly concerned for Grade Pay of Inspectors and our leadership deserves full marks for displaying required restraint & perseverance, that eventually resulted in resolving the moot anomaly.  A refund scam was detected in Mumbai, where bogus returns were processed using the User-ID of one DCIT, overriding the system to give credit for non- existent TDS Credits, using Addl. CIT’s ID for giving online refund approval and using CIT’s ID for migrating the PAN. These bogus Refunds were given through ECS. The matter is under investigation, both by our Dept. & CBI. Some suggestions have been given by Mumbai Unit to the CCIT(CCA) like stopping of ECS refunds (except for salary cases) till a foolproof system is put in place, PAN Migration should not be allowed merely on an online request- but must be allowed only after a written request from the concerned CITs, removing the facility to reset the password for rendering the system of any human element that can be misused, beefing up the processing of TDS Returns such as to obviate any need to override the system manually to give credit for TDS and ensuring that when an officer logs out of the system then his account should terminate without any loss of time and for logging again RSA token will have to be used. It is learnt that these suggestions have been duly forwarded to CBDT/DG (Systems). All Units must educate their members to be vigilant, such that such scams do not occur in their regions.  Adequate training must be given to ITOs and Promotee ACITs, if the Board’s targets for quality assessments are to be made applicable to them. Otherwise, these officers will not be getting a level playing field. Besides, practical aspects like a proper handing over statement incorporating all major pending works (Scrutiny Assessments, Penalties, Audit Objection, Appeals, EVPs and

inventory of hardware/software, registers maintained, impounded books, etc), better usage of judicial reference system, etc. must be made part of curriculum of RTI with regular updates.  GP of 4800 must be demanded for AO-Gr.III/PS in line with that of ITO. Besides, Laptops must also be demanded for these Gazetted Officers.  CHQ must expedite the promotion to the grade of ACIT, for both RYs 2009-10 and 2010-11, which along with impending Cadre Restructuring will result in promotion to all ITOs of 2001, thereby putting to rest all grievances relating to seniority of ITOs.  CHQ must demand proper utilization of next instalment of 1% incentive and which must be for all in the Dept.  On the Vision-2020 and DTC, CHQ must impress the Board & Govt. to incorporate views of ITGOA, which will be inputs from actual field formation.  SG’s Report was quite elaborate and the same was given in advance by E-mail and hard copy of the same was given on the arrival at Hyderabad. Hence, sufficient time was given to all, to suggest issues & strategies to achieve them.  The OA for notional effect from 01.01.1996 is pending in Mumbai CAT & progress thereon would be informed from time to time. xviii. A.P. Unit (Shri R.Jayakumar, G.S.)

While acknowledging the tributes paid by all Units for the efforts of AP Unit towards a comfortable stay of the delegates and smooth conduct of both MCM & 40th BGM, it was explained that the inaugural & open session was arranged with a view to elicit some positive response from the Chairman & Member (P), CBDT on some of the pressing issues like Promotions, Cadre Restructuring, Transfer, etc. But, as the two dignitaries were not forthcoming on policy matters, up to our expectation, the efforts of host unit, to that extent, was wasted. Members were reminded that it was only on such occasions that such important functionaries of the Board, can be questioned in public view, on matters affecting our member’s career and for which these two sessions were planned by the host unit.

Thereafter following issues were raised :

 Format of BGM needs to be altered such as to have the elections before, for affording better participation of members in the deliberations instead of canvassing or soliciting support. Further, strong and purposeful resolutions must be passed, as a road-map for the new body for the ensuing 2 year period.

 In the page no. 37 of SG’s Report, the number of posts in the grade of DCIT/ACIT, after cadre restructuring of 2009, is given as 2692, whereas at page no. 28, the sanctioned strength is shown as DCIT-1851 & ACIT-1601, which together comes to 3452. Clarification/Reconciliation is required for this.

 CHQ must strive for getting DPC of ACIT for RY 2009-10 before 31/03/2010.

 Laptops needs to be granted to AOs & PS. Further, the clause of returning the same also must be got removed.

 Work-load is generally very high and with the officer who is vested with residuary jurisdiction i.e. 1st or 4th Officer in a Range is having very high number of Returns and after first 3 Years, these officers have additional responsibility of migrating the PAN of such new assesses. Therefore, we must demand to abolish the system of Officers with residuary Jurisdiction.

 Special Pay to Officers in Inv., Central, Audit & HQ must be granted without any further loss of time.

 CHQ must demand from Board & DG (Vig.) for some transparency in the Agreed List, as there is no hearing and finality and officers continue to be punished by denying field posting endlessly. Here, as per CVC guidelines, there has to be review of Agreed List after 12 months, but no minutes of such review meetings are ever drawn.

 Time barring date must be reverted back to 31st March instead of 31st December, as there is no quality time to do scrutiny assessment, especially of severe climate and festivals during October to December.

 For ensuring quality assessments, there should be motivational appreciation and not fault finding exercise. Besides, the manpower & infrastructural constraints faced by the assessing officers also have to be given due weightage while reviewing the work of an officer. Similarly, when more than 80% of the Net collectible demand are locked in appeals, how can the assessing officer be expected to achieve the collection target.

 Notional effect from 01.01.1996 for the revised pay scale of ITOs must be demanded, by highlighting that “justice partly done is actually justice undone”,

more so when Hon’ble SC has decided that Courts cannot adjudicate on Pay matters and the 6th CPC had stated in its report against any retrospective effect to any pay revision, as a general principle.

 CHQ must also demand for increase in the monetary limits prescribed in the CCS (Conduct) Rules relating to intimation of transactions of acquiring movable properties, especially considering the increase in salary after 6th CPC. It was suggested that the said limits should be Rs. 50,000/-for movable property and Rs. 1,00,000/- for immovable property.

 With regard to functioning of the AP Unit, it was stated that both ITGOA & JCA was very strong and are moving ahead in a concerted manner. A hunger strike was successfully conducted to demand for timely conduct of DPC and also for the issue of ‘SC/ST Own merit quota’.

xix. Zonal Secretaries & other secretariat members spoke as under :

East Zone (Shri T.R. Rahman)

 SG’ Report discusses at length almost all major issues and the efforts put in to realize our goals. It speaks volumes of the work done and it will not be wrong to say that CHQ is galloping forward on many fronts. On an overall analysis, there is no reason to say that there is no improvement. In fact, from his long association with ITGOA, both at local & national level, his verdict is that in the last two year period the Association performance is a thumping success and member’s enthusiasm has increased manifold which is evident from the wide participation, of which the attendance in the BGM is one such indicator.

 In Bihar Region, both ITGOA & JCA are in very good form & Administration is actually listening to the suggestions put forth by ITGOA/JCA. Whenever, Bihar needed the help from CHQ, both SG & President were available.

 Communication in the form of E-mail and SMS are good and this can be further improved with regular updation of our website.

West Zone (Shri G.M. Chauhan)

 CHQ deserves compliments for the success achieved on many fronts like GP issue of ITOs and that of AO/PS, Transfer Policy, CRC and timely promotions. Such focused approach must be continued by the new body, in future.

 Nothing much can be expected from the Board, which comprises of all DR Officers and they will always be sympathetic to IRS Association. Therefore, we must maintain constant pressure on them, through our united actions. In the Gujarat region, this was amply demonstrated, where a search was called off because of the death of an officer.

 CHQ must be alert and ensure that 1% incentive is put to proper use and not frittered away for lavish and flimsy causes benefitting only DR Officers.

South Zone (Shri V.M. Jayadevan)  Format of the MCM & BGM must be modified because in the present method all Units are discussing same issues and its summing up and decisions thereon are taken at the fag end with very less time available. Instead, the agenda circulated along with notice must be first discussed by all the Units in their MCM and send a report to the CHQ. In the MCM & BGM, then there should be discussion on the strategy to achieve the goals that emerges from the report that the Unit would have sent to the CHQ, before the meeting.  SG’s Report lists out lot of achievement, which is praiseworthy. At the same time, major issues like work-load, staff shortage, amendments in the ACT that affect our members adversely, are not given desired prominence. Nevertheless, the efforts of SG, President and the entire CHQ is commendable.  On the methodology to pursue our demands, ITGOA must have faith in its ability to achieve almost all of our legitimate goals through persuasion itself. No agitation is actually required, for eg. we can take a strong position that our members will not take additional charge, if Board does not fill up all vacancies.

Jt. Secretary (Shri K. R. Narayana)  Seconded the suggestion of Shri Jayadevan on the need to change the format of MCM & BGM, such as to have more discussion on strategies.  SG’s Report was exhaustive & reiterated observations made by other speakers.  New body must seriously ponder over to ensure that it is more broad based.

Vice President (Shri Rakesh Agrawal)  Efforts of SG is worth appreciating, but results must also be equivalent, for which capabilities of others also must also be tapped and effectively utilized. We must first exhibit our unity and then co-ordinate with other organizations like ITEF. No one must feel that ‘I alone can do’, it must be a team effort.  CHQ must strive to place JCIT in PB-4 through cadre Restructuring. CRC’s report has to be given to all Units for enabling them to study and point deficiency, if any.  DOPT’s OM dt. 3/3/2008 must be opposed and not allowed to be implemented, as it will cause severe loss to our members, because of delay in promotions.  ITGOA must be given a due representation in the CBDT.

Vice President (Shri Radha Kishan)  All help from Delhi Unit and his personal help was committed to the CHQ.  In the CRC, there must be more posts of ACIT/DCIT than Jt.CIT, as there are already vacant posts in that grade & relaxation can be there for only one year.

8. With President’s permission, following announcements were made w.r.t other items of the agenda :

a. Election of Office Bearers of ITGOA (CHQ) for the Period 2010-2012. Shri S. C. Shivgunde, the Election Commissioner, formally announced results of Election to the Office Bearers of ITGOA (CHQ) for the period 2008-10, as under:

Following Officers were declared as ELECTED to the respective post: POST NAME OF OFFICER UNIT PRESIDENT SHRI B. SHANTHI KUMAR A.P. VICE PRESIDENT SHRI RAJIV PURI N.W.R SECRETARY GENERAL SHRI RAJESH D. MENON MUMBAI ADDL. SECRETARY SHRI RAJ SINGH MEEL RAJASTHAN JOINT SECRETARY SHRI Y. S. MEENA GUJARAT JOINT SECRETARY SHRI V. M. JAYADEVAN KERALA ASSTT. SECRETARY SHRI DIWAKAR SINGH BIHAR The following Officers were nominated to the respective post: POST NAME OF OFFICER UNIT VICE PRESIDENT SHRI TIMIR HARAN CHAKRAVORTY N.E.R ASSTT. SECRETARY SHRI BASWANAND DELHI TREASURER SHRI ANANTHARAMAN N.V.IYER MUMBAI ZONAL SECRETARIES NORTH SHRI RAGHAVRNDRA SINGH U.P.(W) SOUTH SHRI B. SAGADEVAN TN & Pondy EAST SHRI K. K. NATH ORISSA

WEST SHRI B. SUNILKUMAR PUNE CENTRAL SHRI S. N. BHADRA M.P. & C.G. HON. AUDITOR SHRI C. K. SINGH U.P.(E) NOTE : Nominated post of Vice-President customarily went to the host unit i.e. A.P. Unit, which in turn proposed name of Shri Timir H Chakravorty, from N.E.R. The President, then appreciated the work of Shri Shivgunde in conducting the elections in free and fair manner, in the short time available.

b. Amendments to the Constitution After discussions, the proposed amendments to the Constitution of ITGOA was passed with the following modifications :  Subscription w.e.f 1/4/2010 would be @ Rs.720/- Per Member Per Annum.  Travel expenses of all Secretariat Members, except MCM & Sec. Meetings would be borne by CHQ.  Voting on any issue would be proportionate to the membership of a Unit in BGM and in MCM, it will be one vote per Unit.

c. Resolutions Shri Rabin Chaudhary, Chairman of the Resolutions Committee informed that in all 87 Resolutions were received from different Units. There many repetitions in the same and it also required suitable modifications and groupings. The President, then asked Shri Anantharaman N.V. Iyer to redraft the Resolutions. These Resolutions, numbering 33, were discussed and adopted in the first Secretariat Meeting held at Delhi on 18/3/2010 & which form an integral part of the Minutes.

9. Summing up by President & Secretary General President & Secretary General then thanked the members for a free and frank discussion on all topics of interest concerning our members, which were summarized issue-wise and responded as under :  The present format of BGM & MCM is time tested and it affords elected representatives of all the Units to voice their concern & opinion on the matters affecting their members, which is a basic right of any democratic organization. Besides, in this manner the voice of every member of ITGOA, through their representative, is heard at the national level. All the Units are welcome to send their views on all matters via E-mail to the CHQ at any point of time and all these will taken in to consideration, while taking any steps.

 DOP & T’s OM dated 03/03/2008 is on determining the relative seniority between DR & Promotee Officers. Necessary re-joinder to the CBDT has already been given to the effect that the same cannot and should not be implemented unless the DOPT’s model calendar for promotions is also strictly adhered to. But, the members were cautioned, as not to harp on this subject continuously, as it will alert some of our adversaries, who will try to take some undue advantage of the same.  On the DTC the note prepared by Shri R. Rajagopalan, has already been submitted to CBDT. But, as it was learnt that there was a rethinking on the entire DTC, the same was not discussed in SG’ Report. Vision-2020 was announced very recently and all Units were requested to submit their views within a couple of days time, so that it can be collated & presented to Board.  ITGOA has already demanded GP of 4800 to AO & PS, in line with that of ITOs. But, this will have to be pursued under collective forums like COC(R) and CCGGOO, because these grades are common to all Depts & Ministries in the Central Govt. For the AO-Gr.III & PS of our Dept., ITGOA has ensured that there will be effective elevation to GP of 4800 to all, by suitable increase in the posts in the higher grades, through Cadre Restructuring.  As regards the removal of item on correct seniority to DCIT based on CAT- Judgement of S.K. Shukla, confirmed by Hon’ble Supreme Court, from the JCA’s Charter of Demand, it was informed that this was as a result of ITGOA’s insistence to remove the item relating to implementation of interim order of Supreme Court on the inte-se seniority between DR & Promotee Inspectors, from the JCA’s Charter of Demand. In fact, the main objection to this item in the JCA’s Charter of Demand was from Shri Arvind Trivedi on the ground that that the same is against the interest of DR Inspectors, who form a majority in the today’s ITGOA. Both the items were on the principles of seniority, but somewhat contradictory in nature. When ITGOA insisted on removing the item of Inspectors Seniority, ITEF in turn insisted that the item of S.K.Shukla be removed and both these demands can be pursued independently. Therefore, in the larger interest of JCA spirit, both the items were removed from the JCA’s Charter of Demand, after thoroughly discussing in the Emergency MCM of ITGOA held at Delhi on 11/10/2009, followed by JCA meeting, which was attended by the MC Members of ITGOA.. Therefore, it will not be correct on our part to rake up the issue again, as that will strike at the spirit of mutual respect and co-operation between ITGOA & ITEF, on which JCA was founded and is successfully functioning, till date.

 The unpleasant suspension of one ACIT & one JCIT in Gwalior, MP was surely a national issue and has been taken up with the Board accordingly. But, agitations are not usually mounted on single point agenda, but on a Charter of Demand and for success, support of our JCA partners also has to be there.  Grievances, if any, in the All India Seniority of ITOs, will be attended to. All the Units were requested to forward their specific issues to Shri R.S. Meel, who will consider the same. Besides, follow-up is being done at the Board level to explore the possibility of promoting all the 2001 ITOs, either together or within a year or two, which will minimize the grievances on seniority. Therefore, all Unit Secretaries must try to convince their members to avoid any sort of litigation, especially against any blanket stay on promotions.  Special Pay matter is being attended to by HRD and specific Orders are expected within a couple of months time. On the connectivity and other problems relating to computerization, a committee under Shri B. Sunil Kumar (WZ Sec.) and with S/Shri A.D.Kulkarni (Mumbai) & R.R.Makwana (Gujarat) as members was formed, which submit its report before the next MCM.

 All out efforts have been made to make the SG’s Report exhaustive on the issues affecting our members and the efforts committed in solving the same. Political scenario of the country and problems of other organizations have been deliberately avoided, as our Association is an apolitical one and we are not the right persons to correctly assess the issues of other organizations. Further, in an attempt to cover recent issues, the report was not finalized, yet the same was sent by E-mail atleast 2/3 days in advance and the hard copy was given to all the members on their arrival at Hyderabad, for enabling to study the same and point out the deficiencies. The discrepancy pointed out by Shri Jayakumar on the number of DCIT/ACIT i.e. 2962 mentioned at page 37 under the Chapter on CRC and 3452 mentioned at page 28 under the Chapter on IRS Recruitment Rules, was on account of 760 Reserves, proposed in the CRC Report.

 CRC Report was submitted to Board in the month of July 2009 and HRD was asked to refine the justifications for the increase in number of posts, such as to answer all possible queries of DOPT & Govt. The Board in its meeting held on 09th & 11th November, 2009 and 16th December, 2009 has considered the CRC proposals, when some increase in the number of CCIT (by 20 nos) & Jt.CIT (by 118 nos) have also been suggested, keeping other proposals intact. Final proposals is likely to be submitted to DOP&T by March 2010 and from then on

an estimated time of 8/9 months would be required to get Cabinet approval i.e. by December 2010. In case, there is any proposal to implement the CRC in phased manner only for ACIT grade, ITGOA will have say an emphatic NO.

 Mobile Phones to all and Data Cards to Officers with Laptops are likely to be finalized by April 2010, out of 1% incentive. As regards, other items pointed out in this meeting, it will be taken up in the next JCA meeting with Board.

 On the requirement of an amendment in Rule 15A of CCS(CCA) Rules for passing an order in a time-bound manner, all the Units were requested to send a list of pending cases of their regions to Shri Mohan Kumar, GS of Nagpur Unit, who prepare a comprehensive note on the subject, which will be forwarded to DG(Vig.), Member (P & V), DOP&T and CVC. Besides, it will have to be pursued under CCGGOO/CCGE&W, as CCS(CCA) Rules are common to all Depts & Ministries.

It was assured on behalf of CHQ that no stone will be left unturned in the pursuit of our just cause and all authorities like C.B.D.T, Revenue Secretary and if need be, M.O.S (Finance), Finance Minister, Prime Minister, and any other dignitary who will be in a position to help us in realizing our objectives, as was the wont of ITGOA, in the past. The task of updating our website at regular intervals and improving it, was entrusted to S/Shri V. M. Jayadevan-Jt. Secretary (Kerala Unit), B. Sunil Kumar-West Zone Secretary (Pune Unit), R.R.Makwana (Gujarat Unit) & M. Vivekanandan (T.N.& Pondy Unit)

10. Shri Anantharaman N.V. Iyer, then proposed a vote of thanks to the Chair, Secretariat, participants from all over the country, entire team of A.P. Unit for a their valuable inputs, without which this meeting, could not have been conducted successfully. He then reminded all the Units that the increase in the Association’s Subscription to Rs.720/- per member per annum was applicable from F.Y. 2010-11 and Unit Secretaries must write to respective CCIT(CCA) to deduct the same from the July salary of member officers on an annual basis and remit 25% of such collection to CHQ in the form of Cheque or Demand Draft favouring ITGOA and payable at Mumbai.

The President then thanked all for their valuable contribution and the meeting concluded, amidst slogans of long life to ITGOA & JCA at 09.00 P.M. on 11.02.2010.

(RAJESH MENON) SECRETARY GENERAL

Resolutions placed in the 40 th BGM of ITGOA at Hyderabad

PERSONNEL

Promotions / Senioirity

1. All DPCs should be held before 31st March of every year, so that posts do not remain vacant on retirement. All vacant posts pertaining to the promotion quota must be filled up, in a particular time frame, every year.

2. Promotion Order / Process of Promotion should be as under : DCIT to JCIT (including 1 year relaxation) - before 31st March, 2010 ITOs as ACIT for R.Y. 2009-10 - before 31st March, 2010 Process of DPC for R.Y.2010 - before 31st May, 2010

3. Huge vacancy in the grade of DDIT (Sys) be filled up by promoting ADIT (Sys). In this regard Order of CAT Delhi should be implemented.

4. Board must issue instructions to the effect that each CCIT(CCA) shall submit a certificate by 30th June certifying that ACR/APAR of all officers posted to their respective region, complete in all respects, has been received in their office. If need be, ACR/APAR can be prepared and sent on-line or it can be scanned/digitized for

easy retrieval in future. Responsibility be fixed for any failure in this regard and strict action be taken on the erring officer.

5. CBDT must publish & circulate All India Seniority List of ITOs as on 01st January, every year.

Transfer & Posting

6. Transfer should not be for the sake of transfer. It should be need based or on the basis of representation. Besides, an officer when transferred should be posted to in one of the three choices.

7. Allotment of CCA Charge on promotion to ACIT should transparent i.e. Details must be open to all on website. All CCIT (CCA) should publish and circulate Civil Disposition List of all Officers in their region with detailed posting profile.

8. Principal Office bearers i.e. President, Secretary & Treasurer of ITGOA (both CHQ & Units) should not be transferred till completion of their term in the Association.

Pay & Allowances

9. Grade pay of ITO be raised to 5400/-from 4800/-without waiting 4 years period in the cadre, in line with Gr.B Officers in the Accounting Department. After 4 years, they should be placed in PB-3 as has been done in the case of Gr.B Officers in Railways, CSS.

10. AO-Gr.III/PS also be granted GP @ Rs.4800/- & Rs.5400/- after 4 year.

11. Wide gap between the pay scales of JCIT and Addl. CIT should be removed, by placing JCITs in PB-4, mainly as their duties are same.

12. Special Pay be granted to ITOs in Audit, Investigation, Central & ITAT.

13. Special Pay or Additional pay be granted to officers holding any additional charge for more than 6 months.

14. Reward procedure should be made simple and time bound.

1% incremental incentive

15. Discrimination of Assessing Officers by issuing used Laptops to newly promoted ITOs and New Laptops to Direct Recruit IRS Officers is CONDEMNED. ITGOA demands new laptops for newly promoted ITOs. Accordingly, a scheme for retention of Laptops at depreciated value by retiring officers must be devised.

16. Laptops and mobile phones and other facilities coming under 1% incentive scheme should also be extended to A.O & P.S.

17. Two more operational vehicles to each Range to be utilized at the ITO level be granted immediately.

Infrastructural & Manpower Requirements

18. Mobile, internet, judicial reference software and adequate staff including Gr.D, be provided to all officers.

19. Augmentation of infrastructure for TDS assessments in view of introduction of time limit to TDS assessments. Vigilance

20. Circular on target for vigilance proceedings should be withdrawn immediately. DGIT(Vig)’s attempt for introduction of Vigilance Inspection of cases of IPRs chosen at random is strongly opposed. No new procedure/circular on vigilance matters shall be brought in without discussing it with ITGOA.

21. No disciplinary proceedings should be initiated for any system related lapses/errors.

22. No charge sheet under CCS(CCA) Rules 1965 should be issued to after one year from the end of the month in which the alleged misconduct was first noticed, similar to Rule 9 of CCS (Pension) rules.

23. DOPT be prevailed upon through JCM or otherwise to insert following : a. A clause in Rule 15 of CCS(CCA) rules 1965 to the effect that disciplinary authority shall pass his order u/r 15 not later than 24 months from the end of the month in which the charge sheet was served, excluding the period of stay ordered by Court & delay directly attributable to charged officer. b. A clause in Rule 27 of the CCS(CCA) Rules that the appellate authority shall dispose of the appeals filed under these Rules within 180 days from the date of receipt of appeal.

24. DG(Vig) should be prevailed upon to issue instruction to the effect that : a. No vigilance action be initiated against any officer for any omission / commission occurred during the exercise of their assessment duties, unless evidence of malafide is found. b. Anonymous/Pseudonymous complaints be filed at CCIT(CCA) level. c. Period and scope of enquiry on complaints should be specific at the time of vigilance inspection.

25. The unsavoury incident of Gwalior, MP, where an A.O’s room was sealed in Jan, followed by suspension of the ACIT and the Jt. CIT, on the ground that some scrutiny cases got time-barred, is severely condemned, as the fact about heavy work- load and both officers being new to the region, was overlooked by the Administration. Such action should not occur in future.

TECHNICAL

Work-Load

26. Board will ensure that no case is selected under CASS after a particular cut-off date, which should be one month before the last date to serve notice u/s. 143 (2).

27. Board will issue instructions to field formations against calling for any report from the AOs other than the monthly reports ( CAP - I, II, III ).

28. The optimum work-load adopted by the Cadre Review Committee, in its report, must be the actual work-load per officer, for which the recommendations of the CRC needs to be implemented in toto and at the earliest.

Methodology relating to work

29. CBDT must withdraw all the artificial yardstick relating to quality assessment, as the same is dependent on many factors beyond the control of the Assessing officer, like CASS mode of selection, etc.

30. The procedure for issue of refunds (online) should be examined by a competent professional body and the entire system of processing of returns should re- evaluated to provide adequate safeguards.

31. RSA token should be such that as and when concerned A.O. logs out of AST nobody should be able to access it and only the A.O. can open by authentication again.

Amendments in I.T. Act, 1961

32. Section 153 be amended such as to give 24 months time for completion of assessment instead of 21 months. In other words, Time-barring date to be 31st March instead of 31st December.

33. Amend the Act to give powers u/s 131 to ITO (Inv).