9911796707
TMI Blog2023 (5) TMI 610X X X X Extracts X X X X X X X X Extracts X X X X ..... ajasthan. It obtained its Foreign Contribution Regulation Act, 2010 (hereinafter, 'FCRA') registration in terms of Section 11 and 12 of the FCRA on 15th May 2011. 3. The Petitioner had applied for renewal of the FCRA registration on 2nd February 2016 under Section 16 of the FCRA, and the same was renewed by Respondent No. 2- Ministry of Home Affairs (hereinafter, MHA) on 15th October 2016. 4. The Foreign Contribution (Regulation) Amendment Act, 2020 ('the Amendment Act'), which amended the FCRA, was introduced in September, 2020. The said Amendment Act vide Section 17(1) of the FCRA mandated the opening of an "FCRA bank account" with the State Bank of India ('SBI') branch at SBI Sansad Marg, Parliament Street, New Delhi. The amended Secti ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ought as of 31st March, 2020. It is also submitted that the Petitioner opened the designated FCRA bank account with the SBI only on 4th October 2021. The prayer in this writ petition is, thus, as under: "a) Pass any writ, order or direction in the nature of mandamus directing the Respondent to allow the Petitioner to file and upload the Form FC-4 on the Respondent's portal for the Financial Year 2019-20 beyond the schedule date of 30th June 2021, without the levy and payment of any penalty amount. b) Pass any writ, order or direction thereby directing the Respondents to, not to, resort to any adverse measures in the present case, as stipulated in section 13 or section 14 of the FCRA Act or any other similar sections which may be att ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... oundation & Anr., v. Union of India. 3. Ld. Counsel for the Respondent shall examine the said order and revert with the instructions, inasmuch as on 31st March, 2020, the SBI account, Sansad Marg, New Delhi could not have been opened due to the fact that the amendment in the Act came only in September, 2020. 4. Insofar as the delay by the Petitioner in opening the bank account in SBI, Sansad Marg, New Delhi between July and October, 2020 is concerned, the penalty would be payable by the Petitioner. 5. Let. ld. Counsel for the Respondent seek instructions in the matter. 6. List on 3rd March, 2023 at top of Board." 8. On 3rd March, 2023, the Court was informed that the penalty amount was deposited by the Petitioner to the tune of Rs. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Court held as under: "9. The Court has heard the ld. Counsels for the parties. The short issue is whether the SBI bank account could have been sought for as of 31st March 2020, when the amendment itself came into effect later i.e., in September 2020. It is noticed that the issues raised in this writ petitions are no longer res integra and have already been considered by this Court in various other cases including WNS Cares Foundation and Anr. v. Union of India, W.P.(C) 11360/2021 as also in Helping Hands Jaipur Society v. Union of India and Ors., W.P.(C) 948/2022. 11. In view of the reasoning given in the said order in WNS Cares Foundation (Supra), the Petitioners also having already opened their bank accounts with SBI Sansad Marg Branc ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... er 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. 12. The 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. 13. 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. 14. No penalty shall be imposed upon the Petitioners if the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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