9911796707
TMI Blog2023 (1) TMI 944X X X X Extracts X X X X X X X X Extracts X X X X ..... t March, 2020, the Foreign Contribution Regulation (Amendment) Act, 2020, had not come into effect, there appears to be some justification in the Petitioners case. Petitioner No.1 having opened its FCRA account in August, 2021 is, accordingly, permitted to fill up the said details of its FCRA account in serial no.7 of the Form FC 4 and submit the same. No coercive steps shall be taken against the Petitioners for having opened the FCRA account belatedly, inasmuch as it is the case of the Petitioners is that no foreign contribution has been received by them in the FY 2019-2020 and FY 2020-21. No penalty shall be imposed upon the Petitioners if the returns for FY 2019-2020 and FY 2020-21 are filed within a period of one month. No further order ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... FCRA Rules, 2011 and submitted annual reports electronically on a year to year basis from FY 2015 to 2019 to the concerned authorities. It is further, submitted by the Petitioner No.1 that it did not receive any foreign exchange contributions in the FY 2019-20 and FY 2020-21. 5. The FCRA was amended by the Foreign Contribution Regulation (Amendment) Act, 2020, under which substantial changes were brought. The same was notified with effect from 29th September, 2020. Section 17(1) of the FCRA was amended to provide as follows: "17. (1) Every person who has been granted certificate or prior permission under section 12 shall receive foreign contribution only in an account designated as "FCRA Account" by the bank, which shall be op ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 's online portal has clearly been designed in a manner such that it is impossible for the Petitioner No.1 to submit the Form FC-4 online for a period prior to September 29, 2020, i.e., for a period before the which the amendment pursuant to the Foreign Contribution Regulation (Amendment) Act, 2020 would apply. Thus, the Petitioner No.1 could not file the returns for the year 2019-20 and 2020-21. 8. Ld. Counsel for the Petitioners, urges that the Petitioners obtained an FCRA account with the SBI, Sansad Marg branch on 6th August, 2021. However, in view of the language of the Form FC-4, which states `as on 31st March', the Petitioner cannot fill in the details of the said account and does not wish to be alleged of misleading the authorities. ..... X X X X Extracts X X X X X X X X Extracts X X X X
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