Customs, Central Excise and Central Goods & Services Tax
An Overview *
Introduction
Central
Goods and Services Tax (CGST) and Customs employees are concerned with the collection, administration and policy formulation of indirect taxes in India, i.e. central excise duty, customs duty and goods & services tax. Central Excise duty is a tax on the act of manufacture
or production of goods. To levy Central Excise duty, it is necessary that a new
article shall come into existence as a result of the manufacturing activity. Excise
is collected on the goods manufactured or produced at the time of their removal
from the factory for administrative convenience. Central excise duties on goods except tobacco; manufactured tobacco substitutes; mineral fuels, mineral oils and products of their distillation; bituminous substances; mineral waxes, have been subsumed in the Central Goods and Services Tax (CGST) after the introduction of GST w.e.f. 01-07-2017. Customs duty, on the other hand,
is a tax on the goods imported into or exported out of the country. Customs duty
is levied on the goods at the rates specified and the taxable event is the import
into or export from India. In fact customs officers control the economic frontiers of the country both in the factual and the figurative sense. In addition these officers do border control services by regulating the import and export of goods and services in and out of the country. They work under the Central Board of Indirect Taxes and Customs (CBIC) constituted under the Central Boards of Revenue Act, 1963 (54 of 1963) in the Department of Revenue under the Ministry of Finance. Presently there are three classes of employees, i.e. Group ‘A’, ‘B’ and ‘C’.
Departments and Directorates under CBIC
The Central Board of Indirect Taxes and Customs (CBIC) is assisted in its functions by the following Departments, Directorates, etc.:
Sr. No. |
Name of the Other Departments |
1. |
Central Economic Intelligence Bureau |
2. |
Narcotics Commissioner of India |
3. |
Chief Controller of Factories |
4. |
Directorate of Enforcement |
5. |
Financial Intelligence Unit - India |
6. |
Appellate Tribunal |
7. |
Principal Chief Controller of Accounts |
8. |
Office of the Goods and Services Tax Council |
9. |
Office of the Principal Commissioner (Review Applications) |
10. |
Narcotics Control Bureau |
11. |
Customs, Excise and Service Tax Appellate Tribunal |
12. |
Chief Commissioner (Authorised Representative) |
13. |
Settlement Commission |
14. |
Authority for Advance Rulings |
Other Field Formations
Zones of Customs, Customs (Preventive) and Central Goods and Services Tax : There are 21 zones of Central Goods and Services Tax and 11 zones of Customs & Customs (Preventive) spread across the country. These zones are headed by the Principal Chief Commissioners or the Chief Commissioners.
Commissionerates of Central
Goods and Services Tax, Customs, Customs (Preventive),
Appeals and Audit : There are 205 Central Goods and Services Tax (including audit & appeals) Commissionerates performing executive functions predominantly concerning to collection of central goods and services tax. There are 56 Commissionerates of Customs and Customs (Preventive) (including appeals) implementing the provisions of the Customs Act, 1962 and the allied acts, which includes levy and collection of customs duties, surveillance of coastal and land borders to prevent smuggling activities. These Commissionerates are headed by the Principal Commissioners or the Commissioners.
Major Statutes Enforced
A customs or excise or goods and services tax officer is required to administer many Central Laws and Statutes. Some of the more important statutes to implement/enforce include :
S. No. |
Name of the Statute |
1. |
The Customs Act, 1962 |
2. |
The Central Excise Act, 1944 |
3. |
The Central Goods and Services Tax Act, 2017 |
4. |
The Integrated Goods and Services Tax Act, 2017 |
5. |
The Goods and Services Tax (Compensation to States) Act, 2017 |
6. |
The Customs Tariff Act, 1975 |
7. |
The Central Excise Tariff Act, 1985 |
8. |
The Central Board of Revenue Act, 1962 |
9. |
The Provisional Collection of Taxes Act, 1931 |
10. |
The Foreign Trade (Development and Regulation) Act, 1992 |
11. |
The Foreign Exchange Management Act, 1999 |
12. |
The Prevention of Money Laundering Act, 2002 |
13. |
The Narcotic Drugs and Psychotropic Substances Act, 1985 |
14. |
The Prevention of Illicit Traffic in Narcotics Drugs and Psychotropic Substances Act, 1988 |
15. |
The Smuggling and Foreign Exchange Manipulators (Forfeiture of Property) Act, 1975 |
16. |
The Drugs and Cosmetics Act, 1940 |
17. |
The Drug and Magic Remedies (Objectionable Advertisements) Act, 1954 |
18. |
The Arms Act, 1959 |
19. |
The Trade and Merchandise Marks Act, 1958 |
20. |
The Trade Marks Act, 1999 |
21. |
The Patents Act, 1970 |
22. |
The Designs Act, 2000 |
23. |
The Copyright Act, 1957 |
24. |
The Territorial Waters (Continental Shelf and Exclusive Economic Zones ) Act, 1976 |
25. |
The Agricultural Produce (CESS) Act, 1940 |
26. |
The Agricultural Produce (Marketing & Grading) Act, 1937 |
27. |
Ancient Monuments Preservation Act, 1904 |
28. |
The Information Technology Act, 2000 |
29. |
The Standards of Weights and Measures Act, 1976 |
30. |
The Essential Commodities Act, 1958 |
31. |
The Bureau of Indian Standard Act, 1986 |
32. |
The Prevention of Food Adulteration Act, 1954 |
33. |
The Export (Quality Control & Inspection) Act, 1963 |
34. |
The Motor Vehicles Act, 1988 |
35. |
The Environment Protection Act, 1986 |
36. |
The Wild Life Protection Act, 1972 |
37. |
The Forest Conservation Act, 1980 |
38. |
The Indian Forest Act, 1927 |
39. |
The Indian Wild Life (Protection) Act, 1973 |
40. |
The Livestock Importation Act, 1968 |
41. |
The Antiquities and Art Treasures Act, 1972 |
42. |
The Coal Mines (Conservation & Development) Act, 1974 |
43. |
The Indian Ports Act, 1908 |
44. |
The Major Port Trusts Act, 1963 |
45. |
The Coast Guard Act, 1978 |
46. |
The Indian Merchant Shipping Act, 1958 |
47. |
The Coasting Vessels Act, 1838 |
48. |
The Indian Light House Act, 1927 |
49. |
The Atomic Energy Act, 1962 |
50. |
The Prevention of Food Adulteration Act, 1954 |
51. |
The Insecticide Act, 1968 |
52. |
The Cinematograph Act, 1952 |
53. |
The Indian Post Office Act, 1898 |
54. |
The Stamps Act, 1899 |
55. |
The Indian Telegraph Act, 1882 |
56. |
The Wireless Communication Act, 1933 |
57. |
The Coir Industries Act, 1953 |
58. |
The Court Fees Act, 1970 |
59. |
The Criminal Procedure Code, 1973 |
60. |
The Indian Penal Code, 1860 |
61. |
The Destructive Insects and Pests Act, 1914 |
62. |
The Income Tax Act, 1961 |
63. |
The Indian Coffee Act, 1942 |
64. |
The Indian Cotton Cess Act, 1923 |
65. |
The Indian Explosives Act, 1884 |
66. |
The Iron Ore Mines and Manganese Ore Mines and Chrome Ore Mines Labour Welfare Cess Act, 1976 |
67. |
The Mineral Products (Additional Duties of Excise & Customs) Act, 1951 |
68. |
The Petroleum Act, 1933 |
69. |
The Procedure Cess Act, 1966 |
70. |
The Rubber Act, 1947 |
71. |
The Tea Act, 1953 |
International Conventions
Indian Customs as a member of the World Customs Organization is required to enforce the provisions of many International Conventions. Some WCO Conventions to which India has acceded are:
S. No. |
Name of the Convention |
1. |
The Customs Convention on temporary importation of scientific equipments - 9th March, 1971 |
2. |
The Customs Convention on temporary importation of pedagogic material - 4th December, 1973 |
3. |
The Kyoto Convention, 1974 - 18th October, 1976 |
4. |
The Nairobi Convention - 9th June, 1977 |
5. |
The Harmonized System Convention - 23rd June, 1986 |
6. |
The Customs Convention concerning facilities for importation of goods for display or use at exhibitions, fairs, meetings etc. - 20th June, 1988 |
7. |
The Nairobi Convention - 20th June, 1988 |
8. |
The ATA Convention - 5th July, 1989 |
9. |
The Agreement on Customs Valuation - 30th December, 1994 |
10. |
The Johannesburg Convention - 23rd June, 2005 |
11. |
The Revised Kyoto Convention - Nov 2005 |
12. |
The CITES: Convention on International Trade in Endangered Species of Wild Fauna and Flora |
Recruitment and Selection
Selection to the Group ‘A’ service (IRS) is through the Civil Services Examination conducted by Union Public Service Commission (UPSC) through a three-stage combined selection process (a preliminary and a main written examination followed by interview/personality test) common for all the Group ‘A’ posts (IAS, IFS, IPS, etc.) called the Civil Services Examination.
Recruitment to most of the Group ‘B’ service is conducted by the Staff Selection Commission (SSC) through a three-stage selection process namely the Combined Graduate Level Examination.
Minimum physical standards are also prescribed
for each category of posts.
Group ‘C’ employees are also recruited by the Staff Selection Commission (SSC) through separate competitive examinations conducted on an yearly basis.
Selection to Group ‘D’ posts were being done locally at the Commissionerate level. Sixth Central Pay Commission (SCPC) had recommended to stop this recruitment and to upgrade all the existing Group ‘D’ employees to Group ‘C’. This proposal has
also been accepted by the Governemnt.
Pay Band & Grade Pay (after the 6th CPC)
Name of Post |
Pay Band |
Grade Pay |
Recruitment |
Chairman, CBIC |
80,000/- (Fixed) |
- |
Deputation/ Absorption |
Member, CBIC |
80,000/- (Fixed) |
- |
Deputation/ Absorption
|
Principal Chief Commissioner/ Principal Director General |
80,000/- (Fixed) |
- |
Promotion |
Chief Commissioner/ Director General |
HAG+ |
- |
Promotion |
Principal Commissioner/ Principal Additional Director General |
HAG |
- |
Promotion |
Commissioner/ Additional Director General/ Joint Secretary |
PB 4 |
Rs. 10,000/- |
Promotion |
Additional Commissioner/ Additional Director/ Director |
PB 4 |
Rs. 8,700/- |
Promotion |
Joint Commissioner/ Joint Director/ Deputy Secretary/ Sr PPS |
PB 3 |
Rs. 7,600/- |
Promotion |
Deputy Commissioner/ Deputy Director/ Under Secretary/ PPS |
PB 3 |
Rs. 6,600/- |
Promotion |
Assistant Commissioner/ Assistant Director /CAO |
PB 3 |
Rs. 5,400/- |
Direct/ Promotion |
Superintendent/ Appraiser/ Section Officer
(4 Years Service) |
PB 2 |
Rs. 5,400/- |
Spl. Grade |
Superintendent/ Appraiser/ SPS/ Section Officer |
PB 2 |
Rs. 4,800/- |
Promotion |
Inspector of Central Goods and Services Tax/ Preventive Officer/ Examiner/ PS/ AO) |
PB 2 |
Rs. 4,600/-
|
Direct/ Promotion |
Executive Assistant/ Steno Gr.I |
PB 2 |
Rs. 4,200/- |
Promotion |
Tax Assistant/ Steno Gr.II |
PB 1 |
Rs. 2,400/-
|
Promotion |
LDC |
PB 1 |
Rs. 1,900/-
|
Direct |
Multi Tasking Staff |
PB 1 |
Rs. 1,800/- |
Direct |
PB 1 = Rs. 5,200/- - 20,200/-
PB 2 = Rs. 9,300/- - 34,800/-
PB 3 = Rs. 15,600/- - 39,100/-
PB 4 = Rs. 37,400/- - 67,000/-
HAG = Rs. 67,000/- - 79,000/-
HAG+ = Rs. 75,500/- - 80.000/-
All the posts carry the usual DA, HRA, TA, etc.
Sanctioned Strength of IRS
Sanctioned Strength of IRS Officers as on 18-12-2013
|
Name of Post |
Sanctioned Strength |
Chairman, CBIC |
1 |
Member, CBIC |
6 |
Principal Chief Commissioner/ Principal Director General |
14 |
Chief Commissioner/ Director General |
38 |
Principal
Commissioner/ Principal Additional Director General/ Joint Secretary |
100 |
Commissioner/ Additional Director General/ Joint Secretary |
340 |
Additional/ Joint Commissioner/ Additional/ Joint Director |
932 |
Deputy Commissioner/ Deputy Director |
801 |
Assistant Commissioner/ Assistant Director |
1249 (excluding 2118 temporary AC Posts) |
Induction and Training
Indian Revenue Service (IRS) Officer Trainees (Probationers) undergo a 3 month foundational training with their fellow officers from the All India Services and other Central Services (Group ‘A’) at the Lal Bahadur National Academy of Administration (LBSNAA) Mussoorie (Uttarakhand). This is followed by a 15 month rigorous professional training at the National Academy of Customs, Indirect Taxes and Narcotics (NACIN), Faridabad or Mumbai,
where they are intensively trained in principles, concepts and advances in Management, Taxation, Public Policy and Law.
Departmental examinations are also conducted by NACIN
for the assessment of their suitability.
All other officers, i.e., in the Group 'B' and 'C' cadres, are given on the job training and induction course at the Regional Centers of NACIN once they are appointed at various Commissionerates of Customs, Central Goods and Services Tax. Departmental examinations, under an approved syllabus
and
schedule, are also held on a half yearly basis before these officers are confirmed in their
respective service.
Promotion Prospects
The officers joining in Group ‘A’ are posted as Assistant Commissioner of Customs, Central Goods and Services Tax, as the case may be. They get promoted upto the level of Principal Chief Commissioner/ Principal Director General. The post of Member and Chairman of the CBIC are now ex-cadre posts and appointments to these posts are done on a selection basis and not on promotion.
The officers in Group ‘B’ (non-Gazetted) are posted as Inspector
Central Goods and Services Tax, Preventive Officer or Examiner. They get their promotion to the next level Group ‘B’ (Gazetted), i.e. Superintendent of Central Goods and Services Tax, Superintendent of Customs or Appraiser, as the case may be. Promotion to Group 'B' (Gazetted) post
is purely on the basis of seniority and fitness. The next higher post for all these three grades is the Assistant Commissioner in Group ‘A’.
Similarly, in Group ‘C’ entry level officer is the Tax Assistant (TA) and the next higher level here is
the Executive Assistant (EA). Tax Assistants are promoted to the post of Inspector Central Goods and Services Tax, Preventive Officer or Examiner, as per their option, considering the seniority and merit. Departmental
Examinations, under an approved
syllabus
and
schedule,
are conducted for promotion
from these posts on a regular basis by the NACIN.
Deputation Postings
The officers of the Customs, Central Goods and Services Tax are also deputed to the Central Vigilance Commission (CVC), Enforcement Directorate (ED), Securities and Exchange Board of India (SEBI), Directorate of Revenue Intelligence (DRI), Narcotics Control Bureau (NCB), Special Economic Zones (SEZ), International Airports, etc. apart from the Ministry of Finance and the Ministry of External Affairs.
Conclusion
In this era of liberalization and globalization, this department also has started modernising itself to meet the challenges arising out of multi-dimensional expansion of the world economy and has adapted itself to the changing contours of the economy. The actual focus is on the creation of a trade friendly service which can combat the evils of tax-evasion and smuggling in a painless manner. Though the pay and allowances in these services are lower compared to the private sector, the sense of satisfaction comes from directly contributing to the development of the country, as 50% of the Government revenue comes from indirect taxes collected by these officers. The service needs bright, young, honest, and dedicated people with a high sense of morality, integrity and love for the nation who can readily adapt to challenges in India's economic framework in the process of liberalization and globalization.
* The details provided here is intended to guide the new recruits only.