Corruption in Income Tax Department :Nexus with Transfer and Posting : Lack of transparent tranefsr and posting policyEvery Establishment tries to get maximum from the manpower at their disposal by suitable posting of right person in the right position only exception is the income Tax Department which is the most important organ of the Government of India which collects revenue for the country.If we look in to the All India Transfer Policy 2008 ( Income Tax) we will find that it discusses about interstate tranefsr guideline of the IRS Officers leaving the posting of IRS Officers, under Chief Commissioners of Income Tax Charges( CCITs) at the mercy of the Local Placement Committees (LPCs).No criteria for selecting any Officers for any post has been prescribed which results in arbitrary action of the LPC, resulting mostly sycophants, corrupts ,and inefficient wrong men who can manage their bosses getting posting in sensitive and core area viz. –Corporate assessment charges, post search and seizure assessment in Central Circle charges , investigation wings and others in non core areas . Each and every section has its importance but there should be inbuilt system which guarantees that efficient, honest and pro revenue officers with proven track records are posted in core areas as above for higher and efficient tax administration and collection of Revenue. In practice we find no such policy is followed, rather a section of officials are posted in those core area charges repeatedly and others are rotated in non-core areas throughout their hole career without any consideration of his past records of efficient working, honesty, integrity . Myself worked in Income Tax Department since 01-03-1982 upto 31-01-2010, ( the date of my retirement on superannuation ) and never bothered about my tranefsr and posting. and tried to give my best where ever posted ( mostly non-core areas ) be it TDS, ( my tenure lasted for 4 and half year against regular 2-3 years term) CIB . (These postings are in general perception punishment posting for undesired element not in toe with Admn. Or Association ) I was promoted as Income Tax Officer in February 1992 ,as Assistant Commissioner in October 2002 and as Deputy commissioner on 01-01-2007. Through my career as Officer since 1992 upto 31-01-2010, I was never posted in those core areas for the reason best known to the Admn. and Association never bothered to think over the injustice, as I was not in their inner circle , More over myself was reluctant for begging my posting.Now I am not in the Department but still feel for many like myself, who suffer silently without raising any voice fearing harassment, ,vigilance tranefsr to far off places, posting under supervisory officer difficult to please and control , etc. and the Association( ITGOA ) prefers to ignore such cases and more active in getting their men in their desired postings ,places, incollution with Administration(Admn.) While holding the post of President of Income Tax Gazetted Officers’ Association, ( ITGOA) Karnataka and GoaUnit , I seriously thought about the tranefsr and posting policy followed in the Administration of Chief Commissioner of Income Tax( Classification Control and Appeals ) CCIT(CCA) charges who are the authority for effecting manpower utilisation and tranefsr and posting of officials within CCIT(CCA) Charges. The injustice as glaring but none protested.During my tenure under CCIT(CCA) Bangalore charge, spaning June 2005 to June 2009 ,I faced 5 five tranefsrs from one non-assessment non-core posting to other But never challenged but wanted to know the policy followed which antagonized the Admn ,result is clear from my posting profile .In CCIT(CCA) Bangalore charge, being an office bearer, we forced the administration to formulate a transparent tranefsr and posting policy for Income Tax Officers, Group “B†officer and suggested with a model tranefsr policy for implementation to the Admn, at Bangalore CCIT(CCA) charge..Inter State tranefsr among Cadre Controlling CCIT Charges , situated in different states of India ,of Group “A†Officers – Assistant Commissioners and above are controlled by All India Transfer Policy 2005 revised time to time now A I T P =2008 The All India Transfer Policy mainly dealt with tranefsr of Gr A officers , inter-State /inter CCIT(CCA) Charge only ( Generally each state have one CCIT(CCA) Charge except small states like Goa, Andaman , Sikkim and North East States etc, ) The Policy spelt out terms for tranefsr from one state (CCIT(CCA) to other but silent about the policy of posting of officers with in the CCIT(CCA) Charges.Clause 4.1 has vested the power with Local Placement Committee ( LPC) consisting with senior most Commissioner under that CCIT(CCA) Charge and other members. But no criteria has been found to be prescribed for adjudging suitability of any Officers in any post, Sensitive, non-sensitive, assessment, non-assessment and purely administrative charges as Headquarters shall be adjudged, has been fixed .The power is vested with the wisdom of the local placement committee. With due respect to the members of the Local Placement Committee it has been observed that no policy is followed and this is the birthplace of nepotism widespread corruption , dissatisfaction among others the deprived class . A section of Officers are posted in cream areas viz. Corporate assessment charges, Central Circle charges( where post search and seizure operation assessments are made )and investigation wings conducting search and seizure operations depriving a large section of officials which creates lack of incentive and overall despondency among the left out .In response to Petitions under Right to Information Act 2005 , filed to the CPIOs under CCIT(CCA) Kolkata, Bangalore and Chennai Charges requesting for furnishing the policy followed and criteria for selecting any officer for any post , none of the charges could furnish following any transparent policy. It has been intimated that = even the minutes of LPC were not drawn recording the proceeding of selection process of officers before any Transfer and Posting Orders are passed . In effect in Bangalore CCIT(CCA) charges, a section officers are posted in assessment, sensitive charges, investigation wing , repeatedly , even exceeding the term of tenure ( 2-3 years ) as prescribed in the All India Policy. At least one Officer since his promotion as Income Tax Officer has never been posted in any non assessment charges till his promotion as Joint Commissioner of Income Tax recently. Many unfortunate others are posted as Tax Recovery Officer more than once in their service career ( in one case more than 5 years as Tax Recovery charge )while some ere never posted as Tax Recovery Officer through out their whole caree.r.In CCIT(CCA) Kolkata charge the same gloomy picture has been detected and section of officials close to the administration /Association are posted repeatedly in those core areas keeping other far away( myself is an example but not the only one ).Response against RTI application seeking information about policy followed and records:CCIT(CCA) Chennai charge’s response is surprising – No records available.In all three charges no recording of Minutes of the Local Placement Committee was drawn which speak volume of the lack of transparency and nepotism In two separate RTI petitions details of posting of officers in Company Circles, Central Circles and Investigation wing in CCIT(CCA) Kolkata and Bangalore charges were sought which were refused and further second appeal is pending before the Honbl’e Central Information Commission, New Delhi .As I was bold enough to question, my prayer for posting in my home town was turned down, even my tranefsr to Head office at Ayakar Bhavan, centrally located, easy for commuting with post operation difficulties related to Spinal Chord problems , from my residence, was not considered, though request of many others for change of posting were granted even more than once.The records of proceedings of granting tranefsr to all other and rejecting my case, asked for through RTI petition was not supplied which is now in appeal before Central Information Commission. The matrix of posting shall expose how a section of officers are rotated in these high profile sensitive charges , having high revenue potential and ….and how a large section is deprived of.During his tenure as the president of ITGOA in response to call from, newly created the Human Resourses Department of the Income Tax Department CBDT, proposal was given regarding Model Transfer and Posting policy with in CCIT(CCA) charges but nothing happened and Ad.Vi of CBDT is playing the lead role sidelining the HRD Salient features of Proposal sent to the CBDT for formulating a Transparent Transfer and Posting policy : 4.Categorization of all the charges under CCIT(CCA) 1.Sensitive Chargesa)Investigation Wings, under DIT(Investigation )b)Central Circlesc)Large Tax Payers Unit (LTU) 2.Non-Sensitive chargesCategory 1, Assessment Chargesa)Corporate Assessment chargesb)Big Business house other than Corporate sectorc)Film Circle / Doctors Circle /Professional charges etc.d)Other Business wards 2ANon-Sensitive chargesCategory – II ,Non assessment chargesa)DTRTI(Training ), Salary Wards, TDS, DIT (Exemption) Head Quarters, Judicial, Audit, Administration, Vigilance, Prosecution, CIB, ITAT, CPC (Central Processing Unit ) , TP( Transfer Pricing) , Intl Taxn. ( International Taxation ) . Cental Processing Centre (CPC ) etc.3.Tenure :a) Generally 2 years in assessment / sensitive charges not exceeding 3 years in any circumstances ( none is indispensable let all Officers gather expertise and experience for their career advancement ) and 2 years in other charges b) Stay period in outstation charges within CCIT(CCA) Charges 5.ROTATION OF POSTS a.In order to give varied experience to officers in all areas of work in the Department, the posting of the officer will be rotated to as many work areas as possible subject to administrative convenience.b.In general, there should be Compulsory rotation between Sensitive, Non-sensitive, category 1 and category II charges .c.The tenure in assessment and non assessment , sensitive , non-sensitive posting shall ordinarily be 3 years and 2 years respectivelyd.In case where the officer is willing to continue in non assessment the same may be considered subject to administrative convenience ,6.Criteriai) Seniorityii) Remarkable / outstanding work done in the pastiii)Assessment /Non-assessment, Sensitive/Non sensitive posting in previous tenure etc.Only senior and experienced officers and others with outstanding track records, should be posted in Corporate charges and Large Tax Payers Units ( LTUs) , Investigation wings, and Central Circle Charges . Seniors as per date of promotion shall be posted in category 1 and II posts in seritum Please do something ,I have no personal gain out of this exercise but think there should be a transparent Transfer and posting policy for posting with in CCIT(CCA) charges in the Income Tax Department for effective tax administration and revenue collection and high attrition from personnel.Sukumar Mondal Vill+PO Durgachak Uttarpally ,Dist Midnapur ( East) WB 721692 email: 29 08 2011
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