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Indian Revenue Service

From Wikipedia - Reading time: 22 min

Indian Revenue Service.
Bhāratīya Rājasva Sevā

IRS (Income Tax)


IRS (Customs and Indirect Taxes)
Service overview
Founded1919; 105 years ago (1919)
(as Imperial Customs Service)
1944; 80 years ago (1944)
(as Income Tax Service)
1953; 71 years ago (1953)
(as Indian Revenue Service)
HeadquartersNorth Block, New Delhi
Country India
Staff colleges
  1. National Academy of Direct Taxes, Nagpur, Maharashtra
  2. National Academy of Customs Indirect Taxes and Narcotics,NH-44, Palasamudram, Gorantla Mandal, Hindupur Taluk, Sri Sathya Sai district, Andhra Pradesh
Cadre controlling authorityDepartment of Revenue, Ministry of Finance
Minister responsibleNirmala Sitharaman, Minister of Finance and Minister of Corporate Affairs
Legal personaliityGovernmental
Civil service
Cadre strength9,775 members (2018)
4,192 (Income Tax)[1] and 5,583 (Customs and Indirect Taxes)[2]
SelectionCivil Services Examination
Associations
  1. Indian Revenue Service Association
  2. IRS (Customs & Indirect Taxes) Association
Service chiefs
Chairperson, CBDTRavi Agarwal , IRS-IT:1988
Chairperson, CBICSanjay Agarwal, IRS–C&IT:1988[3]
Head of the civil services
Cabinet SecretaryT. V. Somanathan, IAS
This article is part of a series on the
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The Indian Revenue Service (IAST: Bhāratīya Rājasva Sevā), often abbreviated as IRS, is a civil service that is primarily responsible for collecting and administering direct and indirect taxes. As a central civil service under Group A[4] of the executive branch of the Government of India, it functions under the Department of Revenue[5] of the Ministry of Finance and is under the administrative direction of the Revenue Secretary and the ministerial command of the Minister of Finance.

The IRS comprises two branches, Indian Revenue Service (Income Tax) and Indian Revenue Service (Custom & Indirect Taxes), controlled by two separate statutory bodies, the Central Board of Direct Taxes (CBDT) and the Central Board of Indirect Taxes and Customs (CBIC). The duties of the IRS (IT) include among others, formulation of domestic direct tax policy (through the Tax Policy and Legislation Section[6]), formulation of international tax policy (through the Foreign Tax and Tax Research Division[6]), handling policy matters in respect of investigation of tax evasion (through the Investigation Section[6]), updating, resolving and maintaining the relevant laws (through the ITA Division), administering the direct tax policy (through its field offices across the country[7]), and administering all the associated administrative functions pertaining to direct taxes. The duties of the IRS (C&IT) include formulation and enforcement of policy concerning the Goods and Services Tax, prevention of smuggling, and administration of matters related to Customs and Narcotics.

In the 2017-2018 financial year (i.e. 1st April 2017 to 31st March 2018), the IRS (IT) received 5,87,13,458 returns[8] and collected direct taxes amounting to ₹11.37 trillion,[9] spending ₹60,000 (equivalent to ₹91,000 or US$1,100 in 2023) for every ₹1,000 (equivalent to ₹1,500 or US$18 in 2023) it collected.[10] The relative contribution of direct tax to the overall tax collection of the Central Government has risen from about 36% to 56% over the period of 2000–01 to 2013–14. The contribution of direct tax-to-GDP has doubled (from about 3% to 6%) during the same period.[11]

History

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Indian Revenue Service (Income Tax)

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See also: Indian Revenue Service (Income Tax)

Direct tax in the form of an income tax was introduced by Sir James Wilson in India in 1860 to overcome the difficulties created by the Indian Rebellion of 1857.[12] The organisational history of the Income-tax Department, however, starts in the year 1922, when the Income-tax Act[4], 1922 gave, for the first time, a specific nomenclature to various Income-tax authorities. In 1924, the Central Board of Revenue Act constituted a Central Board of Revenue – the statutory body with functional responsibilities for administering the Income Tax Act.

Commissioners of income tax were appointed for each province, and assistant commissioners and tax officers were placed under their control.[13] Officers from the Imperial Civil Services (ICS) manned top posts and the lower echelons were filled through promotions from the ranks. The Income Tax Service was established in 1944 and was subsequently re-constituted as the Indian Revenue Service (Income Tax) in 1953.

In 1963, given the increasingly complex roles and responsibilities of administering direct tax in India, the Central Board of Direct Taxes was constituted as a statutory body under the Central Board of Revenue Act, 1963.[13]

Indian Revenue Service (Customs and Central Excise)

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With the passing of the Government of India Act, 1919 the civil services—under the oversight of the Secretary of State for India—were split into two arms, the All India Services, and the Central Services.[14] Apart from the Central Secretariat, the more important of these latter were the Railway Services, the Indian Posts and Telegraph Service, and the Imperial Customs Service.[15] After Independence, the Imperial Customs Service was reconstituted as the Indian Revenue Service (Customs and Central Excise) in 1953.

The nature of the service underwent a transformational change with the enactment of the One Hundred and First Amendment of the Constitution of India, which overhauled the administration of indirect taxation in India with the introduction of the Goods and Services Tax (GST). With the subsumption of several indirect taxes and levies, including central excise duty and service tax, under the GST, the nomenclature was updated to reflect the changed structure of taxation from IRS (Customs and Central Excise) to IRS (Customs and Indirect Taxes).

Recruitment

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There are two streams of recruitment to the Indian Revenue Service. IRS officers may enter the IRS by passing the Civil Services Examination (CSE). The CSE is a three-stage competitive selection process consisting of a preliminary examination, the main examination, and an interview. It is administered by the Union Public Service Commission (UPSC).[11] IRS officers recruited in this way are called direct recruits.

Some IRS officers are also recruited from Central Services (Group B). These include Income Tax Service (Group B), Customs Appraisers Service (Group B), Customs Preventive Service (Group B), and Central Excise Service (Group B). Group 'B' officers are gradually promoted over several years of service. The current ratio of two streams at the entry level is kept at 1:1.[16] All IRS officers, regardless of their mode of entry, are appointed by the President of India.

Training

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After selection, successful candidates undergo a 3-month Foundation Course at the Lal Bahadur Shastri National Academy of Administration (LBSNAA) in Mussoorie, Uttarakhand,[17]

Thereafter, IRS(IT) Officer Trainees (OTs) undergo a 16-month specialised training at the National Academy of Direct Taxes (NADT), in Nagpur, Maharashtra,[18] while IRS(C&IT) OTs undergo specialised training at the National Academy of Customs Indirect Taxes and Narcotics (NACIN), in Faridabad, Haryana.[19]

National Academy of Direct Taxes

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National Academy of Direct Taxes in Nagpur, Maharashtra is the staff training college of the IRS(IT).

Sixteen months of Induction Training is conducted for the directly recruited officers of IRS(IT) at NADT each year. The training is designed into two modules to enable the Officer Trainees to acquire the knowledge and skills they need to function effectively and efficiently as tax administrators. In particular, training prepares OTs to deliver quality taxpayer services, detect and penalize non-compliance, and understand the macroeconomic, taxation, and fiscal policy of the Government of India to maximize revenue.[20]

First Module

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The First Module emphasizes on giving intense theoretical inputs in the subjects such as Theoretical Concepts and Practical Application of Direct Tax Laws, Advanced Accounting and Finance, and Business Laws-I.[21] It also includes a week-long Parliamentary Attachment, and a two-week Field Attachment.[22] OTs also undergo short-duration training at NACIN, Faridabad, LBSNAA, Mussoorie, and the Sardar Vallabhbhai Patel National Police Academy (SVPNPA), Hyderabad.[23] The first Departmental Examinations are conducted at the end of the first module.[22]

Second Module

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The second module includes On-The-Job Training for around eight weeks, followed by Bharat Darshan, and a Financial Attachment for 2 weeks.[23] Further, The OTs are also exposed to the international tax practices through a one or two weeks International Attachment in France, Netherlands, Australia, Malaysia, South Africa, the US, or Singapore.[22][24] OTs are also trained to apply theoretical concepts and acquire practical skills through the subjects of Procedure/Techniques of Investigation and Drafting of Orders and Reports, Information Technology and Operations, Management and Administration in the Income Tax Department, International Taxation and Transfer Pricing, Law of Governance and Ethics, and Business Laws-II.[21] A number of guest lectures are organized to familiarize the trainees with the best practices in tax administration.[22]

Officer Trainees are also expected to complete a project on Direct Tax Provisions for the award of a master's degree in Business Law and Taxation from NALSAR University of Law, Hyderabad at the time of Valediction from NADT.[25][23][24]

National Academy of Customs, Indirect Taxes, and Narcotics

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This involves very dynamic training in specialised matters of conventional tax administration— be it direct or indirect–along with unarmed combat, weapons, and explosives. Additionally, IRS officers undergo extensive training with the Army and the National Police Academy, and many other prestigious institutes of the country so that they are better prepared to excel in their multifaceted role.[citation needed] NADT and NACIN both have signed a memorandum of understanding with the National Law School of India University in Bengaluru to award postgraduate diplomas in business laws to the officer trainees. Recently, Finance Ministry has approved the exchange of officer trainees to various countries across the world such as the Netherlands, Belgium, Switzerland, France, Australia, Malaysia, United States of America, Brazil, South Africa and OECD Nations, for increasing exposure to the future administrators.[citation needed]

There are various mid-career training programmes (MCTP) for IRS officers to keep them abreast of the latest developments in the areas of governance, particularly taxation, finance and management. These include advanced mid-career training (AMCTP), which is conducted in 3 phases. Phase I is for joint and additional commissioners, Phase II is for commissioners and principal commissioners, and Phase III is for chief commissioners and principal chief commissioners. The AMCTP generally consists of a 3-week domestic module held at premier management institutes in the country followed by a 2-week international component at internationally acclaimed universities, depending on their areas of expertise.[citation needed]

Designations

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The designations and time-scales within the Indian Revenue Service are as follows after cadre restructure:[26]

IRS (Customs)

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Pay Grade in the Government of India Designations Position in the Government of India
1 Junior Time Scale Assistant commissioner of Central GST/Customs (entry-level; probationer) Assistant Secretary
2 Senior Time Scale Deputy commissioner of Central GST/Customs Under Secretary
3 Junior Administrative Grade Joint commissioner of Central GST/Customs Deputy Secretary
4 Selection Grade Additional commissioner of Central GST/Customs Director
5 Senior Administrative Grade Commissioner of Central GST/Customs and Additional Director General Joint Secretary
6 Higher Administrative Grade Principal commissioner of Central GST/Customs Additional Secretary
7 Higher Administrative Grade + Chief commissioner of Central GST/Customs and Director General Special Secretary
8 Apex Scale Principal chief commissioner of Central GST/Customs, CBIC chairperson, member of CBIC and director general Secretary

IRS (Income Tax)

[edit]
Pay Grade in the Government of India Designations Position in the Government of India[27]
1 Junior Time Scale Assistant commissioner of income tax / Entry-level (Probationer) Assistant Secretary
2 Senior Time Scale Deputy commissioner of income tax Under Secretary
3 Junior Administrative Grade Joint commissioner of income tax Deputy Secretary
4 Selection Grade Additional commissioner of income tax Director
5 Senior Administrative Grade Commissioner of income tax/additional director general Joint Secretary
6 Higher Administrative Grade principal commissioner of income tax Additional Secretary
7 Higher Administrative Grade + chief commissioner of income tax or director general Special Secretary
8 Apex Scale principal chief commissioner of income tax, CBDT chairperson, member of CBDT and director general of the Central Economic Intelligence Bureau Secretary

Major concerns and reforms

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Corruption

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In 2015, it was reported that as many as 108 IRS officers were under probe by the CBI for their alleged involvement in corruption.[28] From May 2009 to May 2010, the CBI had sought sanction for prosecution of 102 IRS officials posted in different parts of the country in connection with corruption cases.[29]

In 2016, the Ministry of Finance, dismissed 72 and prematurely retired another 33 Indian Revenue Service officers for non-performance and on disciplinary grounds.[30][31] In 2019, Government of India dismissed 12 (IRS IT) and 15 (IRS Customs and Central Excise) officers for corruption and bribery charges.[32][33]

The IRS officials top the Central Bureau of Investigation’s list of most corrupt bureaucrats.[34][35] In one case, a 1992 batch IRS officer was arrested for accepting a bribe of ₹2 crore in Mumbai.[36] Recently, in another case, some IRS officials were found to help certain companies evade payment of Service tax and related penalties of the order of ₹1 crore.[37] Also CBI raided premises of an income tax officer for demanding Bribe to the tune of ₹60 crore for covering up Stock Guru Scam.[38]

Murder of many officers

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Even though IRS officers have to deal with sensitive postings in their career they are not provided adequate security. Many IRS officers in the departments of customs and income tax have been assassinated in the course of their investigations.[39]

Recent initiatives

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Many new initiatives were taken by the Indian Revenue Service members to curb corruption in their respective departments and make the system more efficient and responsive to the needs of the taxpayers. Use of Technology widely reduced the scope for the abuse of power. Refund Banker scheme introduced in 2007 eliminated the scope for corruption in the Refunds of Excessive Tax collected by the department.[40] Introduction of E-filing of Taxes[41] and effective implementation of Permanent Account Number (PAN) are some revolutionary steps that reduced the scope for corruption at all levels while improving the efficiency of the whole system. Use of Centralised Processing Center setup in 2010 at Bangalore of the Income Tax Department reduced unnecessary delays in processing returns.[42] These computerization initiatives have freed up the human resources in the department which are largely responsible for higher revenue collections.

Income Tax Ombudsmen was created in 2006 and is functional in 12 cities to look into tax-related grievances of the public.[43] Department is also gearing to improve its tax payer's services with Sevottam Scheme. Under this scheme, various initiatives such as Citizen Charter, Ayakar Seva Kendra (ASK), which is a single Window mechanism for implementing Sevottam through the delivery of these services within the timelines promised in the Citizen's Charter, were launched.[44] Aaykar Sampark Kendra consists of one National Call Centre and 4 regional Call Centres to aid the taxpayer were inaugurated by the Finance Minister.[45]

IRS officers handling sensitive postings are issued a Glock Model 22 pistol or a Glock 23 in .40 S&W caliber.[46]

An IRS officer could rise up to the Apex Scale (₹2,50,000 fixed plus allowances) at the post of principal chief commissioner of income tax in the ITD. At the apex level, he can also get selected as a Member or Chairperson of the CBDT. The intermediate grades in this career progression are deputy commissioner, joint commissioner, additional commissioner, commissioner, principal commissioner and chief commissioner of income tax. An IRS officer is also eligible to be selected as a member of the Income Tax Appellate Tribunal, Authority for Advance Ruling, Income Tax Settlement Commission and Income Tax Ombudsman as per the prescribed eligibility criteria. Cadre Review has been cleared in the Income Tax Department creating 20,751 additional posts to help generate additional revenue of ₹250 billion (equivalent to ₹420 billion or US$5.1 billion in 2023) crore annually.[26]

See also

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References

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  1. ^ "Information to be published under Section 4(1)(b) of the Right to Information Act, 2005., Central Board of Direct Taxes, 2014" (PDF). Retrieved 26 August 2018.
  2. ^ "Allocation of Revised Cadre Strength, Central Board of Direct Taxes, 2018" (PDF). Retrieved 26 August 2018.
  3. ^ "Pranab K Das is new CBIC chairman - Times of India". The Times of India. 19 December 2018.
  4. ^ a b "Income Tax Act : Income Tax Act 1961 : Definition, Slab, Sections - Legitquest".
  5. ^ "Home | Department of Revenue | Ministry of Finance | Government of India". dor.gov.in. Retrieved 28 May 2022.
  6. ^ a b c "Central Board of Direct Taxation". www.incometaxindia.gov.in. Retrieved 21 November 2020.
  7. ^ "Organizations and Functions". www.incometaxindia.gov.in. Retrieved 21 November 2020.
  8. ^ Income Tax Department, Central Board of Direct Taxes (October 2019). "Income Tax Return Statistics, Assessment Year 2018-19" (PDF). Income Tax India. Retrieved 21 November 2020.
  9. ^ Income Tax Department, Central Board of Direct Taxes (2019). "Income Tax Department Time Series Data" (PDF). Income Tax India.
  10. ^ "Statistical Year Book India, 2017". Retrieved 26 August 2018.
  11. ^ a b "Service Profile for the Indian Revenue Service" (PDF). Department of Personnel and Training, Government of India. Retrieved 28 August 2018.
  12. ^ "Raj Singh, A synthesised study of Indian income tax structure, 31/12/1993". hdl:10603/113003. {{cite journal}}: Cite journal requires |journal= (help)
  13. ^ a b "History of Direct Taxation, Income Tax Department, Government of India". Retrieved 27 August 2018.
  14. ^ Goel, S.L.; Rajneesh, Shalini (2002). Public Personnel Administration : Theory and Practice. Foreword by Vasundhara Raje. Delhi: Deep and Deep Publications. ISBN 978-8176293952. OCLC 51300460.
  15. ^ "Historical Perspective, Union Public Service Commission, India" (PDF). Retrieved 27 August 2018.
  16. ^ "Rule7(2), Indian Revenue Service Recruitment Rules, 2015" (PDF). Ministry of Finance, Government of India. Retrieved 28 August 2018.
  17. ^ "Batch Profile, 92nd Foundation Course" (PDF). LBSNAA. Lal Bahadur Shastri National Academy of Administration. Archived from the original (PDF) on 16 May 2018. Retrieved 28 August 2018.
  18. ^ "Overview of National Academy of Direct Taxes". NADT. National Academy of Direct Taxes. Retrieved 28 August 2018.
  19. ^ "About US". NACIN. National Academy of Indirect Taxes, Customs, and Narcotics. Archived from the original on 28 August 2018. Retrieved 28 August 2018.
  20. ^ "Induction Training, National Academy of Direct Taxes". National Academy of Direct Taxes. Retrieved 30 August 2018.
  21. ^ a b Annexure A, Course Material for the Induction Programme for IRS Probationers (PDF), 17 April 2012, archived (PDF) from the original on 30 August 2018
  22. ^ a b c d Course Manual, 69th Batch of IRS, National Academy of Direct Taxes, Nagpur (PDF), 10 December 2015, archived (PDF) from the original on 30 August 2018
  23. ^ a b c " Volume 2, Issue 9, NADTree,... reaching Out Newsletter, September 2010 (pp 7), 1 October 2010, archived (PDF) from the original on 25 December 2017
  24. ^ a b "Organizational Tie-Up, National Academy of Direct Taxes". National Academy of Direct Taxes. Retrieved 30 August 2018.
  25. ^ " Blueprint of Approach for the Research Project For completion of the Programme of Master's Degree in Taxation and Business Laws, 1 December 2010, archived (PDF) from the original on 30 August 2018
  26. ^ a b Cabinet approves revamp of the income-tax department – Economic Times. Articles.economictimes.indiatimes.com (24 May 2013). Retrieved on 2013-07-19.
  27. ^ "Profile of the Indian Revenue Service" (PDF). Ministry of Personnel, Public Grievances and Pensions. Retrieved 21 December 2016.
  28. ^ "108 IRS officers under CBI probe for alleged corruption: Government". The Economic Times. Retrieved 21 December 2016.
  29. ^ "IRS officials top CBI corrupt list". The Asian Age. 4 July 2010. Retrieved 5 June 2011.
  30. ^ Seth, Dilasha (6 May 2016). "For good governance, Finance Ministry fires 72 tax officers, retires 33 more". Business Standard India. Business Standard. Retrieved 12 May 2016.
  31. ^ "Government takes strict action against defaulting/non performing tax officials/officers". Press Information Bureau. Retrieved 12 May 2016.
  32. ^ "Govt sacks 12 senior I-T officers including a senior officer for corruption". Business Standard. Retrieved 22 August 2019.
  33. ^ "Govt Sacks 15 Senior Customs, Central Excise Officers Over Corruption, Bribery Charges". Outlook. Retrieved 22 August 2019.
  34. ^ "IRS men top CBI list of most corrupt". The Times of India. 3 December 2004. Retrieved 23 December 2016.
  35. ^ "Top IT officer in CBI net is worth Rs 400 crore". Deccan Chronicle. 3 April 2015. Retrieved 23 December 2016.
  36. ^ "Income tax official, husband arrested for accepting Rs70 crore bribe in Mumbai". Daily News and Analysis. 17 April 2010. Retrieved 5 June 2011.
  37. ^ "CBI raids excise officials and steel majors". The Times of India. 20 April 2011. Archived from the original on 3 January 2013. Retrieved 5 June 2011.
  38. ^ Stock Guru scam: IT officer raided for ‘Rs 60-cr bribe’. Indian Express (15 January 2013). Retrieved on 2013-07-19.
  39. ^ Babloo gets life term for Customs officer’s death. Indian Express (1 October 2008). Retrieved on 2013-07-19.
  40. ^ Business Standard (19 October 2009). "Refund Banker Scheme for taxpayers extended to 9 more cities". Business-standard.com. Retrieved 27 October 2012. {{cite web}}: |author= has generic name (help)
  41. ^ "Income Tax efiling Return | Tax Finance Info". www.taxfinanceinfo.com. Archived from the original on 2 December 2013.
  42. ^ "Bangalore centre speeds up processing of I-T returns". The Hindu. Chennai, India. 20 June 2011. Archived from the original on 23 June 2011.
  43. ^ "Income Tax India PR website". Incometaxindiapr.gov.in. Archived from the original on 31 May 2014. Retrieved 27 October 2012.
  44. ^ "Aayakar Seva Kendra to make I-T filing easy – Bangalore – DNA". Dnaindia.com. 28 January 2012. Retrieved 27 October 2012.
  45. ^ "Archived copy" (PDF). Archived from the original (PDF) on 24 April 2012. Retrieved 17 April 2012.{{cite web}}: CS1 maint: archived copy as title (link)
  46. ^ Customs wants to sell confiscated weapons to its officers. Indian Express (11 September 2012). Retrieved on 2013-07-19.
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