GOVERNMENT OF INDIA
Ministry of Finance/Department of Revenue
Central Board of Direct Taxes
North Block, New Delhi-110001
Tele : 011-23093356, Fax : 011-23092071
NISHI SINGH, IRS
Member, CBDT & Special Secretary to the Government of India
D.O. No.F.No. DGIT(Vig)/HQ/Ann. Sect. Review/2016-17/2050-54
Dated . 8th July 2016
Dear Chief Commissioners
Sub:- Delay in completion of Inquiry proceedings – regardingOnline GST Certification Course by TaxGuru & MSME- Click here to Join
In its recently concluded Annual Sectoral Review, the CVC expressed extreme displeasure about inordinate delay in finalization of inquiry report by some Inquiry Officers.
2. Your attention is invited to CVC’s instructions on the subject contained in CVC circular No. 000/CGL/18 dated 23.5.2015, vide which a period of 6 months has been fixed for completion of Inquiry proceedings and to DoPT OM 372/3/2007-AVD-III (Vol.10) dated 14th October, 2013 which lays down “…..once a regular hearing in a departmental proceeding is started, such hearing should, as far as practicable, be continued on a day to day basis, unless in the opinion of the IQ, for the reasons to be recorded in writing, an adjournment is unavoidable in the interest of Justice.”
3. In order to tackle the backlog in a phased manner, it has been decided that all inquiries (except cases where due to pendency of CBI case or stay granted by a Court, finalization of inquiry report is not possible) pending with the Inquiry Officers for a period beyond one year may be got completed by 25th August, 2016 and the Inquiry Reports be forwarded so as to reach the office of Pr. DGIT (Vigilance)/Zonal ADG (Vigilance) by 31st August, 2016 positively. A list of such pending inquiries pertaining to your region, as per the details available with the Directorate General of Vigilance, is enclosed as annexure to this letter. In case, some of the officers named in the list have been transferred to some other region, the jurisdictional Pr. Chief Commissioner of Income Tax may be apprised of the matter and be requested to do the needful.
4. The Board has now decided that the Inquiry Officers mentioned in the list enclosed may be divested of their substantive charge and their charge be given as additional charge to some other officers so as to enable these lOs to submit Inquiry Reports by 25.08.2016. After the 10 has submitted his/her report, the substantive charge may be restored back.
5. No request for change in Inquiry Officer shall henceforth be entertained on grounds of transfer/heavy workload unless in your opinion, for reasons to be recorded in writing, it is not possible for the Inquiry Officer to proceed with the Inquiry.
6. Further, status report regarding completion of inquiry reports may be sent by 25th of August, 2016 for all the pending inquiries pertaining to your region.
Encl : As Above
Pr. Chief Commissioner of Income Tax (As per List)