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TMI Blog2023 (4) TMI 974X X X X Extracts X X X X X X X X Extracts X X X X ..... of 31st March 2020, when the amendment itself came into effect later i.e., in September 2020? - HELD THAT:- In view of the reasoning given in the said order in WNS Cares Foundation [ 2023 (1) TMI 944 - DELHI HIGH COURT] as held receipt of foreign contribution as on 31st March of the year ending has to be provided and the bank account has to be in the SBI, Sansad Marg branch. Since the Petitioner No.1 opened its account in August, 2021 and in any case, as on 31st 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tion 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 opened by him for the purpose of remittances of foreign contribution in such branch of the State Bank of India at New Delhi, as the Central Government may, by notification, specify in this behalf. 4. Pursuant to the said amendment of the FCRA, notification was issued by the Respondent on 7th October, 2020 specifying that the State Bank of India (SBI), New Delhi Main Branch, 11, Sansad Marg, would be the branch for opening of FCRA account as per amended Section 17 of the FCRA. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d in this matter and a direction was given to the Respondent that no coercive action shall be taken against the Petitioner for non-filing of the returns. 8. Since then, a short affidavit has been filed by the Respondent. As per the Respondent, the FCRA amendment required all organisations which were receiving foreign exchange to comply with the same. Pursuant thereto, in terms of the affidavit 826 NGOs of Gujarat have already filed their returns for 2019-2020 within the prescribed period. From all across the country, 14,775 NGOs have filed their annual returns for the said year. Therefore, according to the Respondents, there was no glitch or error in the Form FC-4 thus the writ petitions are not maintainable. 9. The Court has heard th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... (3) (4) (5) (6) (7) State Bank of India New Delhi Main Branch 11, Sansad Marg, New Delhi-111001. SBIN0000691 11. The language used in the said form is that the receipt of foreign contribution as on 31st March of the year ending has to be provided and the bank account has to be in the SBI, Sansad Marg branch. Since the Petitioner No.1 opened its account in August, 2021 and in any case, as on 31st March, 2020, the Foreign Contribution Regulation (Amendment) Act, 2020, had not come into effect, there appears to be som ..... X X X X Extracts X X X X X X X X Extracts X X X X
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