Friday, April 6, 2018

CBDT notifies Income Tax Return Forms for Assessment Year 2018-19

New Income Tax Forms for AY 2018-19 - CBDT Notification

Ministry of Finance
CBDT notifies Income Tax Return Forms for Assessment Year 2018-19

The Central Board of Direct Taxes(CBDT) has notified Income Tax Return Forms (ITR Forms) for the Assessment Year 2018-19. For Assessment Year 2017-18, a one page simplified ITR Form-1(Sahaj) was notified. This initiative benefited around 3 crore taxpayers, who have filed their return in this simplified Form. For Assessment Year 2018-19 also, a one page simplified ITR Form-1(Sahaj) has been notified. This ITR Form-1 (Sahaj) can be filed by an individual who is resident other than not ordinarily resident, having income upto Rs.50 lakh and who is receiving income from salary, one house property / other income (interest etc.). Further, the parts relating to salary and house property have been rationalised and furnishing of basic details of salary (as available in Form 16) and income from house property have been mandated.

ITR Form-2 has also been rationalised by providing that Individuals and HUFs having income under any head other than business or profession shall be eligible to file ITR Form-2. The Individuals and HUFs having income under the head business or profession shall file either ITR Form-3 or ITR Form-4 (in presumptive income cases).

In case of non-residents, the requirement of furnishing details of any one foreign Bank Account has been provided for the purpose of credit of refund. Further, the requirement of furnishing details of cash deposit made during a specified period as provided in ITR Form for the Assessment Year 2017-18 has been done away with from Assessment Year 2018-19.

There is no change in the manner of filing of ITR Forms as compared to last year. All these ITR Forms are to be filed electronically. However, where return is furnished in ITR Form-1 (Sahaj) or ITR-4 (Sugam), the following persons have an option to file return in paper form:-
(i) an Individual of the age of 80 years or more at any time during the previous year; or
(ii) an Individual or HUF whose income does not exceed five lakh rupees and who has not claimed any refund in the Return of Income.
The notified ITR Forms are available on the official website of the Department www.incometaxindia.gov.in.

Source: PIB

Thursday, April 5, 2018

DoPT: Recognition of Central Secretariat MTS Association

DoPT: Recognition of Central Secretariat MTS Association

No.17/1/2017-R&R and DC
Government of India
Ministry of Personnel, Public Grievances & Pensions
Department of Personnel & Training
3rd Floor, Lok Nayak Bhawan,
Khan Market, NewDelhi-110003
Office Memorandum

Subject: Recognition of Central Secretariat MTS Association - regarding.

The undersigned is directed to refer to OM of even number dated 29.06.2017, 06.09.2017 and CSMTSA's letter No. CS MTS/Recog/US/2018 dated 12/03/2018 on the subject mentioned above and to say that on the basis of information furnished by the DDOs of Ministries/ Department, it has been found that the Central Secretariat MTS Association has sufficient members for its recognition.

2. As such, it has been decided with the approval of Competent Authority to accord recognition to the Central Secretariat MTS Association under CCS (Recognition of Service Associations) Rules, 1993.

3. The recognition of the aforesaid Association will be valid upto 5 years or further directions issued in this regards, whichever is earlier.
(S.K.Mandl)
Under Secretary to the Government of India
Source: DoPT
Download Order

Policy for Removal of Non-Performing Civil Servants

"Removal of Non-Performing Civil Servants Under Fundamental Rules (FR) 56(j), Rule 48 of Central Civil Services (CCS) (Pension) Rule, 1972"

Policy for Removal of Non-Performing Civil Servants

The provisions under Fundamental Rules (FR) 56(j), Rule 48 of Central Civil Services (CCS) (Pension) Rule, 1972 and Rule, 16(3) (Amended) of All India Services (Death-cum-Retirement Benefits) [AIS (DCRB)] Rules, 1958 have laid down the policy of periodic review and premature retirement of non-performing Government servants.

Up to January, 2018, a total of 21,195 Group 'A' and 47,039 Group 'B' officers have been reviewed, out of which provisions of FR 56(j) and relevant rules were invoked/recommended against 83 Group 'A' and 128 Group ‘B’ officers, including 15 officers of All India Services.

This was stated by the Union Minister of State (Independent Charge) of the Ministry of Development of North Eastern Region (DoNER), MoS PMO, Personnel, Public Grievances & Pensions, Atomic Energy and Space, Dr. Jitendra Singh, in written reply to a question in the Rajya Sabha today.

Source: PIB

Economy in Use of Paper in Government Offices

Economy in Use of Paper in Government Offices

The e-Office is a Mission Mode Project (MMP) under the National e-Governance Programme of the Government of India. The e-Office product has been developed by National Informatics Centre (NIC), Ministry of Electronics & Information Technology (MeitY) for implementation in all central Ministries/Departments of the Government of India. e-Office suit comprises of various applications including routine daily works like Leave Management System, File Management System, Knowledge Management System, Tour Management System, Stationery Requests etc. to ensure economy in use of paper.

As on 21.03.2018, 78 central government Ministries/Departments are implementing e-Office.
This was stated by the Union Minister of State (Independent Charge) of the Ministry of Development of North Eastern Region (DoNER), MoS PMO, Personnel, Public Grievances & Pensions, Atomic Energy and Space, Dr. Jitendra Singh, in written reply to a question in the Rajya Sabha today.

Source: PIB.

Need to avoid the nomenclature "Dalit" for the members belonging to Scheduled Castes

Need to avoid the nomenclature "Dalit" for the members belonging to Scheduled Castes - Govt of India Order
No.12017/02/2018-SCD(R.L.Cell)
Government of India
Ministry of Social Justice and Empowerment
Department of Social Justice and Empowerment
Shastri Bhawan, New Delhi
New Delhi, dated: 15.03.2018
To,
The Chief Secretaries to all the State Governments/Union Territory Administrations.

Subject: Need to avoid the nomenclature "Dalit" for the members belonging to Scheduled Castes.

Sir,
I am directed to refer to the Ministry of Home Affairs (MHA) letter No. BC 12025/44/80-SC&BCD.I/IV, dated 10.02.1982, addressed to all the State Governments/Union Territory Administrations in which a request was made to issue instructions to the authorities empowered to issue the Scheduled Castes certificates, not to insert the word 'Harijin' in the Scheduled Caste certificates, but to mention only the caste to which the person belongs and which has been recognised as Scheduled Caste under the Presidential Orders. Subsequently, the Ministry of Welfare (now Social Justice and Empowerment), vide, letter No. 12025/14/90-SCD (R.L.Cell), dated 16.08.1990, again requested the State Governments/ UT Administrations that for all official transactions, matters, dealings, certificates etc., the Constitutional term, 'Scheduled Caste' in English and its appropriate translation in other national languages should alone be used for denoting the persons belonging to the Scheduled Castes. Thereafter, in compliance with recommendation of the Department Related Parliamentary Standing Committee the aforesaid instructions were again reiterated vide this Ministry's letter No.17020/64/2010-SCD (R.L.Cell) dated 22.11.2012.

2. The Hon'ble High Court of Madhya Pradesh, Gwalior Bench in its order dated 15.01.2018 passed in W.P. No.20420 of 2017 (PIL)-Dr.Mohanlal Mahor Vs.Union of India & Ors. has directed as under:-
"…..that the Central Government/ State Government and its functionaries would refrain from using the nomenclature ‘Dalit’ for the members belonging to Scheduled Castes and Scheduled Tribes as the same does not find mentioned in the Constitution of India or any statute."
3. All the State Governments/U.T. Administrations are requested that for all official transactions, matters, dealings, certificates etc., the Constitutional term, 'Scheduled Caste' in English, and its appropriate translation in other national languages should alone be used for denoting the persons belonging to the Scheduled Castes notified in the Presidential Orders issued under Article 341 of the Constitution of India.
Yours faithfully,
sd/-
(Arvind Kumar)
Director (SCD)

Source: http://www.icar.org.in

7th CPC Pay & Allowances Handbook For JCOs and Ors: Ministry of Defence

Ministry of Defence
DAD Releases Handbook on Pay & allowances of JCOs & ORs
Dated 04 APR 2018
The Defence Accounts Department is entrusted with the responsibility of maintaining the pay accounts of million plus Jawans and JCOs of Indian Army. The Pay Accounts Offices (PAOs) of this department are at the forefront of the concerted efforts that are being put in to ensure that these men get their correct dues within reasonable time frame.

An important requirement to meet the expectations of the end user and ensuring their contentment is that the JCOs/ORs understands their dues and their entitlement. If they further appreciate the processes involved in acceptance or denial of any dues, it would equip them with enough knowledge to have better awareness to contest entitlement inconsistencies, if any.

This handbook was conceptualized with the aim to provide more grasp on the rules of entitlement as well as to have complete transparency of procedures in the PAOs. This first edition contains all the procedures right from the inception stage of publishing and processing of the daily Part II orders, till the final processing and disbursement of entitlements.

The book also details the functional boundaries and constraints of PAOs. The chapters are so ordered that they lay down entitlement parameters in a user-friendly manner. Each of the chapter seeks to enlighten the JCOs/OR on the documentary and procedural requirements for processing an entitlement.

The audit and procedural requirements behind processing of Contingent Bill items, AFPP Fund claims, MACPs, transfer/deputation, leave/TD etc., are all detailed in distinct chapters of the handbook. The deductions from pay and allowances, bank account details, etc. are also elaborated in the book.

In a unique separate chapter interpretation of the Monthly Pay Slip has been elaborated. It details item-wise description of notifications provided in the Pay Slip, which, it is expected, would not only ameliorate grievances of Jawans at the inception stage but also give him confidence regarding legitimacy of the entitlements so granted. A chapter on general FAQs is also included for assistance and ready reference.

The book has sought to cover all the parameters of pay and allowances of JCOs/ORs, incorporating the 7th CPC entitlements as well, wherever available on the date of publication. This book in pdf format is also available on the website of PAO(OR) AMC & 11 GRRC as well as of PCDA(CC), Lucknow.

Clarification regarding applicability of standard deduction to pension received from the former employer

Standard Deduction Applicable for Pensioners - Clarification

Ministry of Finance
Clarification regarding applicability of standard deduction to pension received from the former employer

The Central Board of Direct Taxes (CBDT) has clarified that the pension received by a taxpayer from his former employer is taxable under the head "Salaries". The Finance Act, 2018 has amended Section 16 of the Income-tax Act, 1961("the Act") to provide that a taxpayer having income chargeable under the head “Salaries” shall be allowed a deduction of Rs 40,000/- or the amount of salary, whichever is less, for computing his taxable income. Accordingly, any taxpayer who is in receipt of pension from his former employer shall be entitled to claim a deduction of Rs 40,000/- or the amount of pension, whichever is less, under Section 16 of the Act.

Earlier, the representations were received seeking clarification as to whether a taxpayer, who receives pension from his former employer, shall also be eligible to claim this deduction.

Source: PIB

Wednesday, April 4, 2018

Payment of Minimum Wages to Contract/Casual Employees

Ministry of Labour & Employment

Payment of Minimum Wages to Contract/Casual Employees

04 APR 2018
The basic rate of minimum wages for the scheduled employments in the Central sphere was last revised and notified on 19.01.2017. A component of minimum rates of wage, Variable Dearness Allowance (V.D.A.), was last revised on 01.10.2017.Rates fixed for the scheduled employments in the Central sphere are applicable to establishments under the authority of Central Government, railway administration, mines, oil-fields, major port or any corporation established by a Central Government. These rates are equally applicable to contract and casual labourers/worker. The implementation of the Act is done by the Centre as well as the States in respect of their respective jurisdiction. In the Central Sphere, the enforcement is secured through the Inspecting Officers of the Chief Labour Commissioner (Central) commonly designated as Central Industrial Relations Machinery (CIRM) across the Country for workers falling under the Scheduled Employment in the Central Sphere including CPSUs and Railways establishments through regular inspections. In case of non-compliance, penal provisions against the defaulting employers are invoked.This Ministry is in constant endeavor towards implementing the revised rates of minimum wages. As far as employees in Railway are concerned guidelines were issued in December, 2017 to Ministry of Railways/Railway Board. Ministry of Railways has also issued instructions to its Zonal Offices across the country for strict compliance of minimum wages in December, 2017.The data of inspections, amount of claims, action taken against defaulting employer under the Minimum Wage Act, 1948 in the Central Sphere for the last three years is at Annexure 'A'.

Annexure 'A'

Claims cases under Minimum Wages Act, 1948

YearClaimsAmount
B/FFiledDecidedAwardedRecoveredPaid to Workers
2015-1636727431796666544174412803634879425
2016-17261011981138966849224948599048540964
2017-18(upto Dec.,2017)26171050819957572532069784024866702

Minimum Wages Act, 1948

Sl.No.Particulars2015-162016-172017 -18(upto Dec,2017)
1.No. of Inspections Conducted980391517380
2.No. of Irregularities Detected759386168962304
3.No. of Irregularities Rectified464675325528884
4.No. of Prosecutions Launched154923211130
5.No. of Convictions147619511721

This information was given by Shri Santosh Kumar Gangwar, Union Minister of State (I/C) for Labour and Employment in written reply to a question in Rajya Sabha today.

PIB

EQUAL PAY FOR DAILY WAGERS/CONTRACT LABOURERS AND REGULAR EMPLOYEES

Equal Pay for Equal Work: Equal Pay for Daily Wagers/Contract Labourers and Regular Employees

GOVERNMENT OF INDIA
MINISTRY OF LABOUR AND EMPLOYMENT
RAJYA SABHA
STARRED QUESTION NO. 346
TO BE ANSWERED ON 28.03.2018

EQUAL PAY FOR DAILY WAGERS/CONTRACT LABOURERS AND REGULAR EMPLOYEES

346. DR. SATYANARAYAN JATIYA:
Will the Minister of LABOUR AND EMPLOYMENT be pleased to
state:
(a)the policy of "equal pay for equal work" and the effective measures taken for the implementation of the same; and
(b)in reference to (a) above the measures taken to ensure equal payment to daily wagers and contract labourers employed in institutes, establishments and companies of Government and
private sector as is being given to regular employees employed there?

ANSWER
MINISTER OF STATE(IC) FOR LABOUR AND EMPLOYMENT
(SHRI SANTOSH KUMAR GANGWAR)
(a) & (b): The principal of "equal pay for equal work" was examined and laid down by the Hon‟ble Supreme Court in the civil appeal number 213 of 2013. The issue before the Hon‟ble Supreme Court was as under:

"whether temporarily engaged employees (daily-wage employees, ad- appointees, employees appointed on casual basis, contractual employees and the like), are entitled to minimum of the regular pay-scale, alongwith dearness allowance (as revised from time to time) on account of their performing the same duties, which are discharged by those engaged on regular basis, against sanctioned posts"

The Hon‟ble Supreme Court held that:

"There can be no doubt, that the principle of "equal pay for equal work" would be applicable to all the concerned temporary employees, so as to vest in them the right to claim wages, at par with the minimum of the pay-scale of regularly engaged Government employees, holding the same post"

The above judgement of the Hon'ble Supreme Court dated 26th October, 2016 covers various sets of temporarily engaged employees, viz. daily-wage employees, adappointees, employees appointed on casual basis, contractual employees etc. It is mandatory for the employer/principal employer to comply with the provisions of labour laws and apply the ratio laid down by the Hon'ble Supreme Court regarding "equal pay for equal work" while paying wages to its workers/labourers.

In so far as the contract labour is concerned, the Contract Labour (Regulation & Abolition) Central Rules, 1971 provides for wage parity as stipulated in rule 25(2)(v)(a) which is reproduced below:

"in cases where the workmen employed by the contractor perform the same or similar kind of work as the workmen directly employed by the principal employer of the establishment, the wage rates, holidays, hours of work and other conditions of service of the workmen of the contractor shall be the same as applicable to the workmen directly employed by the principal employer of the establishment on the same or similar kind of work"

Source: www.rajyasabga.nic.in

Reimbursement in respect of Newspapers purchased/supplied to officers at their residence-guidelines

Reimbursement in respect of Newspapers purchased/supplied to officers at their residence - Guidelines regarding
No. 25(12)/E.Coord-2018
Government of India
Ministry Of Finance
Department of Expenditure
(E. Coord. Branch)
North Block, New Delhi
Dated 3rd April 201B
OFFICE MEMORANDUM
Subject: Reimbursement in respect of Newspapers purchased/supplied to officers at their residence-guidelines regarding.

Department of Expenditure, Ministry of Finance, vide order no.1 (24)/E.IIA/96 dated 13th September, 1996, had issued guidelines on the subject cited above It has been felt that these guidelines are dated and need to be updated. It has therefore, been decided that in place of the existing practice of getting monthly reimbursement of newspaper on production of newspaper bills, reimbursement for newspaper may be made at the rates mentioned below based on the certification given by the entitled officer:
S. No Level of Officers Reimbursement to be made per
month (In Rs. )
1.Secretary / Secretary
equivalent
As per actuals
2.Additional Secretary/ Additional Secretary equivalentRs.1100
3.Joint Secretary / Joint Secretary equivalentRs.850
4.Director / Deputy Secretary / Under Secretary Section Officer or
equivalent
Rs.500
  1. A certificate as per the Annexure, to the effect that expenditure has been incurred on newspaper shall be provided by the officers on half yearly basis to the office for reimbursement.
  2. This issues in supersession to all earlier guidelines Of Department of Expenditure on the subject. The orders will be effective with immediate effect.
  3. The orders will be effective with immediate effect.
sd/-
(H.Atheli)
Director
Click to view Certificate
Source: www.doe.gov.in

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