As it is well known that the income tax department has allowed Aadhaar card holders to use the biometric id number in lieu of the Permanent Account Number (PAN). But as per new provision of Income Tax, fine of Rs. 10,000 may be levied in case of wrong Aadhar Number. As per the latest amendments in the Finance Bill 2019, not only allowed people to use Aadhaar in lieu of PAN but also introduced a penalty for giving a false Aadhaar number. However, the new penalty rules are applicable only in cases where you are using Aadhaar in lieu of PAN and where quoting PAN is mandatory according to the income tax department rules. It is well known that although Aadhaar is issued by the Unique Identity Authority of India, yet the fine is not imposed by UIDAI but by the income tax department. Under Section 272B of the Income Tax Act, 1961, the department can impose a penalty in case of default in complying with provisions relating to PAN, i.e., failure to obtain, quote, or authenticate PAN.
Implementation of cadre Restructuring of Income Tax Department :Decisions of Extended secretariat meeting of ITEF held on 24.08.2013
The
Extended Secretariat meeting of ITEF was held as scheduled on 24th August, 2013.
ITEF(CHQ) issued a circular in this regard, details thereof is as under:
1.
Allocation
of newly created Posts:
The Extended Secretariat meeting of
ITEF was held as scheduled on 24th August, 2013 to consider, among other
things, the principle of allocation of newly created posts in the cadre
restructuring. Prior to the Secretariat
meeting, the sub-committee formed for this purpose met and finalized the draft
allocation. The draft allocation was
prepared on the basis of the formula adopted and other suggestions approved by
the Central Working Committee Meeting held on 28th July, 2013 at New
Delhi. The draft proposal was subjected
to detailed discussions in the Secretariat meeting. Some circles pointed out discrepancies in the
figure of work load adopted by the Committee.
Though the Committee has adopted the figures available on official
records, it was decided to verify the same further from the official figures of
the Central Board of Direct Taxes. If
any major discrepancy is found in the figures adopted, the same will be considered
by the Sub-Committee and required steps will be taken after consulting all
concerned.
The Secretariat has also decided to
allocate certain number of posts to the newly created areas viz. ASK, SEWOTTAM,
CPCs, LTUs etc The Secretariat also decided that the issue of creation of cadre
controlling authority at Chatisgarh will be taken up with the Board with a
brief note along with the proposal.
The Secretariat also decided that
allocation of the new posts will be based on the Cadre Restructuring proposal
and posts projected for the newly created/expanded areas will be separately
considered for charge wise allocation.
2. Merger of
Directorates.
The CWC meeting
held on 28.7.2013 decided to oppose the merger of Personnel of all Directorate
( created after 2001 and proposed new ones) under the Cadre Controlling Authority
of DG (Admn). Except in the case of 6
directorate of pre-2000 period, where distinct categories of personnel are
working, in all other directorates the
personnel drawn from the sanctioned strength of CCIT(CCA),Delhi is
working. In view of the above, we have
taken up the matter with the sub-committee constituted for this purpose by the
Board and demanded that atleast the staff strength required for the post-2001
Directorates and the Directorate proposed to be created should be placed under
the CCIT (CCA) strength. It was reported
to the Secretariat that the said sub-committee has not accepted our
proposal. The Secretariat therefore,
decided to lodge our strong protest through agitations against the move of the
Board and the attitude of the Sub-Committee.
3. Casual/contingent
workers.
Over the teeth of our demand and agitations carried out, the
Board has directed all the CsCIT(CCA) to stop payment/engagement of the casual
labours from the month of June 2013. The sudden stoppage of wages to these poor
workers engaged for carrying out perennial and permanent functions of the
Department, for no fault of theirs is against the principles of natural justice
and the spirit of the judgment of their lordship, the Constitution Bench of Supreme
Court, in the case of Umadevi Vs. UOI.
In many circles, the poor employees who were engaged by the authorities
and working in the department for more than a decade, had to approach various
judicial authorities for their intervention and continuation of their
services. Though there is no specific
direction from the Government for the sudden stoppage of their engagement, the
reason for the decision of the board is very obvious viz. outsourcing the work
of permanent nature. The stand of the
Board has come out openly as he Board recently stayed the earlier order for
three months on the precise ground that some of the Chief Commissioners
requested for more time to engage persons through
outsourcing/contracturisation. The board has also not taken any action on the
demand raised by this federation through a resolution passed in the Secretariat
meeting dated 13.06.2013.
The
Secretariat therefore, decided to call upon all the circles/Regions/Branches to
have a demonstrative action in the form of Lunch Hour Demonstration on 30th
August, 2013, pass resolution and send the same to the Chairperson. The
Text of the Resolution is enclosed.
4. Differing Stands of the Circles.
It was
reported by our representatives in the Sub-Committee at apex level that some of
the Circles have demanded certain changes in the proposed recruitment rules
etc. Taking note of such reports the
Secretariat decided to request all the Circles not to take any stand or express
differing views on matters of all India nature, which the CHQ is taking up at
the apex level committees in accordance with the decisions of the Central
Working Committee. It was also decided to circulate the stand taken in
respective sub-committees by the ITEF(CHQ) to Circles so that uniform stand can
be taken by the Federation at various levels. The Circles may take up and
concentrate on issues mainly concerned with various requirements of the Circles
like, infrastructure, office space, residential premises, placement of
personnel, location of new offices, arrangement for holding of DPCs in time
etc. Kindly restrain from taking a
different stand on the issues connected with Recruitment Rules, allocation of
posts etc. from that of the ITEF(CHQ).
5. Amendment to ITI Recruitment Rules:
The secretariat was appraised by our
Representative in the Sub-Committee of CBDT of the opinion emerging in the
committee with regard to removal of the twin slot of Date of Passing and
Seniority for consideration for promotion to the cadre of Inspectors, in view
of the provisions of the Model Recruitment Rules circulated by the DOPT, the
reduction in the stagnation period and non-existence of such provisions in the
upper and lower cadres Recruitment Rules.
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