Promotion for the vacancy year 2022 and 2023 is being processed in war footing,
"With regard to promotion orders of ITO to ACsIT, it has been learnt that promotion file approved by FM and just came back to Board."
If the above information obtained from reliable source is to be believed, promotion order is likely to be issued very soon.
War like preparation for ITO to ACIT promotion against Vacancy Year 2022 and 2023 is going on. There is a fair chance that the promotion order will come in this December.
A letter to this effect was issued by CBDT to DGIT(VIG) is being uploaded for your reference.
In the late evening of 1st December, long awaited ACIT promotion order issued for the vacancy years of 2019, 2020 & 2021.
The posting order of newly promoted officers as well as earlier promoted officers also released.
Result for Departmental Examination of ITI and ITOs' have been published for new pattern
CBDT yesterday asked for option of posting from Officers who are in consideration zone for promotion to ACITs for the vacancy year 2019, 2020 and 2021.
The option to be forwarded through respective Cadre Controlling PCCITs within 16.11.2023. For this option to be submitted by officers by 14.11.2023.
" The options for transfer/ posting of the officers who could be under consideration for promotion to the grade of Assistant Commissioner of Income Tax (ACIT) for the vacancy year - 2019, 2020 & 2023 is being called for. The list of officers who could be under consideration for promotion is enclosed as Annexure A. It is to be noted that the list enclosed is only tentative in nature and should not be construed as the final list of officers to be promoted. 3. The officers may submit their transfer/ posting options to the Pr.CCIT concerned on or before 14.11.2023. The format for furnishing the options is enclosed as Annexure B. The Pr.CCIT (CCA) concerned shall compile the option forms (in excel format) of all the officers concerned, verify and forward the same to Database cell via email at dbc.cbdt@incometax.gov.in on or before 16.11.2023. The option forms submitted by the officers concerned alongwith supporting documents (if any) may also be forwarded to the Database Cell in pdf format via email....."
It is learnt from sources that DPC for vacancy year 2019, 2020 and 2021 took place for all categories today.
Details are awaited.
It is learnt from sources that date of ITO to ACIT DPC for VY 2019, 2020 & 2021 has been fixed by UPSC on 03/11/2023
At last CBDT issued order in this effect and though the order is specific for those officers who went through the legal battle and finally got verdict in their favour, but it will definitely pave way for all deserving officers,
Outcome of JCA meeting held on 25.08.2023 with Member(Admn), CBDT on the issues related to ITGOA:
1. All the additional deficiencies for the ACIT promotion of VY 2019, 2020 & 2021 have been cleared. Vigilance clearance has also reached Ad. VI after Member(A) spoke to DGIT (vig) . AD VI assured to forward APAR gradation of 55 officers to UPSC in a day. We have requested Member(A) to take up the matter with the UPSC so that the DPC can take place latest by 2nd week of September, 2023.
2. The proposal of DPC for the ACIT promotion of VY 2022 & 2023 shall be sent to UPSC at the earliest so that DPC can take place before 31.12.2023. A webinar is planned again by HRD with all Regions on 29.08.2023 for clearing APAR deficiencies fast. Member(A) requested for some volunteers from our side to assist HRD to prepare grading sheet, etc. and we'll provide so from 28.08.2023. We have also requested for correct calculation as well as zone of consideration for the same and the Member(A) agreed and directed Ad.VI to complete the same by next week. We will remain in touch with the AD.VI so that process is completed immediately.
3. Further All India seniority list to be prepared by calling the list from respective regions in the first week of September up to the ITOs of 2012-13 so as to ensure promotion for 2024 batch.
4. Allotment of Civil Code for the batches 2016-17, 2017-18 and 2018 was explained in detail on the basis of OM of 2014 and 2019 to the Member(A). He was convinced and assured that the same will be studied properly before any decision is taken.
5. Promotion to Pr.AO was discussed and Member(A) directed HRD & Ad VI to prepare for adhoc promotion as early as possible. One volunteer from our side will be provided for this purpose to HRD for assistance.
6. The NFSG issue was also discussed. Member(A) informed that the proposal of Board was not agreed upon by the DoPT. We have requested to grant NFSG to 2008 and 2009 batch immediately. The issue is again referred to DoPT for clarification in light of their latest OM of 2022. Reply is awaited.
7. The issue of IRS Recruitment Rule was discussed and we have stressed necessity for retrospective amendments. It was decided that a separate meeting will be held on this issue.
8. We requested for T & P of our members, as the list submitted by us. Member(A) assured to consider positively.
64 more ITOS who were promoted as ad hoc, regularized with retrospective effect in West Bengal & Sikkim region.
It is learnt that one more order is yet to be published in this regard for ITOs promoted in 2016.
Click her for the order
Regarding retention of departmental laptop after retirement, Directorate of Infrastructure has issued a letter addressed to PCCIT Kolkata clarifying that departmental laptops may be retained by paying the existing value of the same after allowing depreciation in straight line method.
Details of the calculation is described in the said letter dated 09/01/2023.
After years of persuasion and agitation, West Bengal & Sikkim region finally regularized ad hoc ITOs with retrospective effect. Yesterday an order was issued regularizing 73 ad hoc ITOs with their date of assumption of charges as deemed date of regularization in most of the cases.
It is learnt that this was the first order of regularization and more to follow to cover all ad hoc ITOs.
It may be mentioned that many other regions including Delhi has passed similar orders in the past and a few regions are there, yet to follow the suit.
In a recent development, CBDT issued two orders for extension of adhoc appointments of ACITs.
Confusion prevails among AOs regarding exact TB date for reopened cases. Different interpretation of Act is possible in these cases. The TB date may be considered as 31/03/2023, 31/05,2023 and even 31/03/2024. In ITBA, the date indicates 31/03/2024.
In video conference dated 24/01/2023 Chairman CBDT opines as under :
"..... in respect of the reassessment proceedings initiated in pursuant to directions of the Hon'ble Supreme Court in the matter of Shri Ashish Agarwal, several representations were received asking for time-baring date of such cases, in the light of communication sent by 1TBA. The Board is of the view that such cases have to be completed by 31.05.2023. He directed all the Pr CCsIT to communicate the decision of the Board to all concerned."
In a letter to Pr CCIT WB & Sikkim, ITGOA desired as under :
"An official communication has already been issued on behalf of the Pr. CCIT, UP (West) & Uttarakhand on 27.01.2023 in this line (copy enclosed). But we strongly believe that such an instruction should be issued centrally by the Board specifying the limitation date and also explaining the reasons thereof (as done in the case of Instruction no. 01 of 2022) considering the nature and extent of the judicial scrutiny being faced by the Department in the recent past and a request that was earlier made by our Central Leadership in this regard to CBDT vide a letter dated 23.12.2022. But no such instruction has so far been issued by the Board."
Department has promoted ITOs in ad hoc basis from the year 2016 onwards. At that time ACITs were promoted on ad hoc basis and the consequential vacancies arose was also filled in by giving ad hoc promotions.
Later on the ACIT promotion was regularized and the ITOs were also regularized but in most of the regions including West Bengal & Sikkim, the vacancy year and date of regularization of ITOs were not mentioned in the order. ITOs are eligible for non functional upgradation to Level 9 of the revised pay matrix after four years of regular service in the grade. They also become eligible for higher transport allowance and better travel entitlement in LTC and daily allowance in official tours with this upgradation. But due to lack of clarity in the effective date of regularization deprives the ITOs the due benefit even after serving six years as ITO.
Some regions like AP & Telengana, Tamilnadu & Pondicherry and Delhi has issued regularization order of ITOs giving effect the date of promotion of adhoc ITOs as the date of regularization and they are are subject to be eligible for the upgradation with retrospective effect.
But many regions including West Bengal & Sikkim did not do this exercise till date leading to resentment among the ITOs who have been suffering financial loss despite of serving the department for 4 to 6 long years as Income Tax Officer.
This blog could procure two such regularization order of Delhi region which are being uploaded for information.
There must be an uniform policy regarding this regularization on Pan India basis and CBDT must issue appropriate instruction in this regard,
Illuminated photo of an Income Tax building in Kolkata
Much waited transfer list for ACIT/DCITs released today.
Click here for All India Transfer List
(Office Order No. 182/2021 Dated 20/07/2021)
S.O. 966(E).—In exercise of the powers conferred by sub-section (1) of section 3 of the Taxation and Other Laws (Relaxation and Amendment of Certain Provisions) Act, 2020 (38 of 2020) (hereinafter referred to as the said Act), and in partial modification of the notification of the Government of India in the Ministry of Finance, (Department of Revenue) No.93/2020 dated the 31st December, 2020, published in the Gazette of India, Extraordinary, Part-II, Section 3, Sub-section (ii), vide number S.O. 4805(E), dated the 31st December, 2020 (hereinafter referred to as the said notification), the Central Government hereby specifies, for the purpose of sub-section (1) of section 3 of the said Act, that,— (A) where the specified Act is the Income-tax Act, 1961 (43 of 1961) (hereinafter referred to as the Income-tax Act) and the completion of any action, as referred to in clause (a) of sub-section (1) of section 3 of the said Act, relates to passing of any order— (a) for imposition of penalty under Chapter XXI of the Income-tax Act, — (i) the 29th day of June, 2021 shall be the end date of the period during which the time limit specified in or prescribed or notified under the Income-tax Act falls, for the completion of such action; and [à¤ाग II—खण् ड 3(ii)] à¤ारत का रािपत्र : असाधारण 3 (ii) the 30th day of June, 2021 shall be the end date to which the time limit for completion of such action shall stand extended; (b) for assessment or reassessment under the Income-tax Act, and the time limit for completion of such action under section 153 or section 153B thereof, — (i) expires on the 31st day of March, 2021 due to its extension by the said notification, such time limit shall stand extended to the 30th day of April, 2021; (ii) is not covered under (i) and expires on 31st day of March, 2021, such time limit shall stand extended to the 30th day of September, 2021; (B) where the specified Act is the Prohibition of Benami Property Transaction Act, 1988, (45 of 1988) (hereinafter referred to as the Benami Act) and the completion of any action, as referred to in clause (a) of sub-section (1) of section 3 of the said Act, relates to issue of notice under sub-section (1) or passing of any order under sub-section (3) of section 26 of the Benami Act,— (i) the 30th day of June, 2021 shall be the end date of the period during which the time limit specified in or prescribed or notified under the Benami Act falls, for the completion of such action; and (ii) the 30th day of September, 2021 shall be the end date to which the time limit for completion of such action shall stand extended. [Notification No. 10/2021/F. No. 370142/35/2020-TPL] SHEFALI SINGH, Under Secy., Tax Policy & Legislation Division Note: The principal notification was published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (ii) vide S.O. No. 4805 dated 31st December, 2020.
CBDT''s communication to all Pr CCIT(CCA)s dated 20.10.2020
"I am directed to refer to the abovementioned subject and to convey concurrence of the Department of Personnel & Training (DoP& T) in respect of 694 officers, as in Annexure-A, for extending the ad-hoc appointment to the grade of In,come Tax Officer till 31.12.2020, made by the respective Cadre Controlling Authorities (CCAs).
Click here for the communication and list of officers
It may be pertinent to state here that the CBDT has issued instructions regarding timely submission of proposals to the Board for seeking approval of the DoP& T for extension of Ad-hoc appointments of the officers working under the administrative control of the respective CCAs. Despite it, some of the CCAs had submitted the proposal to the Board even after the existing term of Ad-hoc appointment of few officers had expired. The DoP&T has taken it very seriously.
All the CCAs are, therefore once again requested to follow the instruction contained in DoP&T OM No. 28036!8!87-ESTT.D dated 30.03.1988 in case of Ad-hoc appointment without any fail. In future, if the proposal for seeking approval of the DoP&T regarding extension of Ad-hoc appointment i.r.o. ITOs is not received in CBDT well before 90 days of the date on which their term would cease to exist, such proposal shall not be considered and the concerned CCA would require to take action in such case in accordance with DoP& T's OM dated 30.03.1988. In case, DOP&T's approval for further extention of any of the ITO's out of the list of 694 officers is required, a proposal with justification should reach to the undersigned on or before 31.10.2020 by post or email at y.sharma@nic.in, failing which the Department may not be in a position to process the requests of the respective CCA's."
