Dear sir, I was employed in a pvt co., since Nov.2016 as Manager Commercial & Logistics and was in charge of functions of availing of input tax credit on purchases of raw materials used in manufacturing. This function was to be done on ERP (SAP) which i was new to and no formal training was given to be in using this software, in fact the software itself was given access to me after 3 months of my joining. To carry out my functions, i took help of my colleagues and filed the statutory returns. These returns were shared with the higher ups for their perusal, but since no feedback was received, it was presumed that the returns, as correct.
Now, in Jan.2019 after a gap of 18 months, i have received a show cause notice (based on the observations of my manager) that due to the irregularity in the statutory returns, the company has suffered a loss of 11.57 lakhs. I had submitted my reply to this to which i was called for a discussion. The members of this discussion, were neither my manager who levelled the charges against me nor the HR AGM who issued the show cause notice.
In the discussion, i informed them that this has arisen due to a software glitch even though the function of capturing the input tax credit was carried out correctly by me and the document no. generated by the system was entered on the hard copy of the document and defaced as CENVAT CAPTURED. But while generating the monthly report for June 2017, the report had an error in it due to which the captured amount was left out. It was also informed that this omitted amount will be refunded by the department, for which they said this is not possible as GST has come in and old omissions cannot be rectified now. When i informed them that the GST transition itself is mired in so many complications and the department is giving the assessess time and again opportunity to correct the mistakes by opening window for the same and one such was till 31st Jan.2019. To this they replied that the company does not intend to claim this money and this answer invalidates the show cause notice itself. After that, they took all small procedural lapses(not part of the show cause notice) and forced me to resign and threatened if i do not resign, they will terminate me and hold back my settlement and also i will not get job elsewhere.
After this, when i went to the the washroom, they have taken my laptop and made out a resignation letter to themselves and when i noticed this, i withdrew the same to which they replied saying that the resignation is accepted and my settlement is in process.
Now they have sent a notice of enquiry saying that i was on suspension.
Please advise sir.
From India, Bangalore
Now, in Jan.2019 after a gap of 18 months, i have received a show cause notice (based on the observations of my manager) that due to the irregularity in the statutory returns, the company has suffered a loss of 11.57 lakhs. I had submitted my reply to this to which i was called for a discussion. The members of this discussion, were neither my manager who levelled the charges against me nor the HR AGM who issued the show cause notice.
In the discussion, i informed them that this has arisen due to a software glitch even though the function of capturing the input tax credit was carried out correctly by me and the document no. generated by the system was entered on the hard copy of the document and defaced as CENVAT CAPTURED. But while generating the monthly report for June 2017, the report had an error in it due to which the captured amount was left out. It was also informed that this omitted amount will be refunded by the department, for which they said this is not possible as GST has come in and old omissions cannot be rectified now. When i informed them that the GST transition itself is mired in so many complications and the department is giving the assessess time and again opportunity to correct the mistakes by opening window for the same and one such was till 31st Jan.2019. To this they replied that the company does not intend to claim this money and this answer invalidates the show cause notice itself. After that, they took all small procedural lapses(not part of the show cause notice) and forced me to resign and threatened if i do not resign, they will terminate me and hold back my settlement and also i will not get job elsewhere.
After this, when i went to the the washroom, they have taken my laptop and made out a resignation letter to themselves and when i noticed this, i withdrew the same to which they replied saying that the resignation is accepted and my settlement is in process.
Now they have sent a notice of enquiry saying that i was on suspension.
Please advise sir.
From India, Bangalore
Hi Natraj,
Was the said notice issued thru' emails or hard copy. Did you sign it and received it. The whole matter described has become very complicated with nitty-gritty sequence. Are you receiving 'subsistence allow' since date of suspension imposed by your co.? Since it is a manufacturing unit possibly a 'factory' you have to consult an advocate well versed with labour-IR cases and take his advices to act upon to safe guard your interest. You need to have docs. to defend yourself.
From India, Bangalore
1073Was the said notice issued thru' emails or hard copy. Did you sign it and received it. The whole matter described has become very complicated with nitty-gritty sequence. Are you receiving 'subsistence allow' since date of suspension imposed by your co.? Since it is a manufacturing unit possibly a 'factory' you have to consult an advocate well versed with labour-IR cases and take his advices to act upon to safe guard your interest. You need to have docs. to defend yourself.
From India, Bangalore
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