harassment to the employee for detecting evasion of Central Excise duty.

Complaint Date:

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As per rule 8(3A) of Central Excise rule , (as was valid upto June 2014) if any assessee fails to pay C E duty within 5th of the next month, he will have to pay the same with interest within 30 days from that due date. If he still fails beyond that 30 days, he will have to pay C E duty for each consignment from PLA (Cash). He is not allowed to avail CENVAT facility.Under one provision of this Rule 8 such failures would be treated as arrears of revenue and to be recovered directly under Sec 11 A. No provision to serve Show cause Notice.
One assessee, Gillander Arbuthnot, working under thejurisdiction of C E ,Kolkata IV commisionerate, failed to pay C E duty firstly within 5th of the next month (June 2007) and then within 30 days with interest and then did not pay duty from PLA and consignment wise and did not stop utilizing CENVAT facilities. Accordingly, the Range officer of Range II of Serampore division, working under C E , Kol-IV Commissionerate, kept on demanding the duty amount along with the quantity of CENVAT availed since 5th June 2007 in annexure 43A and 43B as provided by the Central Board of Excise and Customs. The Range officer kept on endorsing one copy of such demand notice to the divisional officer of C E , Serampore division. But the divisional officer never showed it in the monthly arrears of revenue report sent to the Commissionerate. I ,being the Superintendent of TRC, of C E Serampore division showed it first in the monthly report of Jan/ Feb 2014. Immediately the then Commissioner, Mr C M Chandolia, sprang to action and called the divisional officer and ordered to suppressed. It was immediately suppressed from the month of April 2014. My APAR for 2014-15 was damaged with the comment ” SHOULD HAVE BEEN KICKED OUT OF SERVICE LONG AGO” . I represented against this comment with the prayer to accord sanction to prosecute him. But the present Commissioner of CE , Kol-IV Commissionerate is sitting on the file for 9th consecutive months. In connection with one cpgrams, it was replied that the case of 27.38 crore was pending before CESTAT,Kolkata. Again, when I asked the case no of such pendency, through RTI dt 4.4.16 ,it was reply that no such case exists. With this RTI reply one copy of investigation report prepared by one Asstt Commissioner(vig) of C E , Kol-IV was given to me. This report was prepared TOTALLY FALSE. It was prepared in Dec 2014 but kept suppressed till my retirement on 30.4.16. Such a high value default case needs observation by the Commissioner. As I highlighted the matter all wrath fell upon me. My pensionary benefits are stopped till 11.5.16. I am looking for my P P O to be a member of CGHS, so that my wife can get cheaper/better treatment right now.
Kindly look into the matter in the light of rule 8 of C E rules(manner of payment of duty) and exert your good offices to give my P P O and other pensionary benefits.

harassment to the employee for detecting evasion of Central Excise duty.
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