Step for Accumulation of Income

Dear Friends,

Can you please with a small information.

We have received a donation from a well wisher which was transferred to our FC account on March 10, 2016.

We are finding it difficult to spend 85% of the find within March 31, 2016.

Please suggest.

Warm regards,
Snigdha Sarkar

Posted in FCRA, TAX, LEGAL | 4 Comments

Quarterly disclosure for organizations not having their own websites

As mentioned in an earlier post http://blog.srr-foundation.org/?p=2801 , all FCRA registered / prior-permission entities have to disclose FCRA funds received on their official websites. However in case of organisations which do not maintain any official website, FCRA Dep. has now come to their rescue by asking them to file quarterly returns on FCRA website.

This is how it works. An NGO wanting to post its quarterly details of FCRA funds rec’d should log on to online website of FCRA Dept. https://fcraonline.nic.in/home/index.aspx . Using its user id and password, organizations can post the quarterly return on FCRA website within 15 days of the quarter end.

Information to be posted consist of following:

  • Name of the donor
  • Type of Donor, i.e. individual or insttitutional,
  • Address of the Donor
  • Purpose (select out of options like economical, social, cultural, religious, etc)
  • Amount of grant received

The above is for your information and necessary action.

_______________

Socio Research & Reform Foundation (NGO)
512 A, Deepshikha, 8 Rajendra Place, New Delhi – 110008
e-mail: socio-research@sma.net.in

Posted in FCRA, TAX, LEGAL | 6 Comments

Indian Companies with foreign shareholding now exempted from FCRA

Current Budget proposals have made changes in FCRA Act.

As per the existing definition of a foreign source, an Indian registered company which has more than 50% shareholding held by foreign sources is to be regarded as ‘foreign source’. However as per the new proposals, as long as the shareholding is within the FDI norms as declared under FEMA then such companies will not be treated as foreign source. This is in line with the proposal already floated by FCRA Dept and earlier discussed on SRRF Dialogue (visit link http://blog.srr-foundation.org/?p=2786)

It may be of interest that the change is being made effective from the beginning of FCRA 2010. Thus in case anyone has received funds from such companies, need not apply for condonation, considering changes in the Act. Further in future, now such funds will be treated as local and would not fall under FCRA.

It may be of interest to note that considering BJP/Congress have been indicted vide a HC Order on the issue of receipt of donation from Sterlite a subsidiary of Vedanta, discussed earlier on the above link. This amendment with retrospective effect could be to bailout the two political parties by excluding such companies from the very definition of foreign source. It may be noted that currently a Special Leave Petition is pending in the Supreme Court against the HC order.
_______________
Socio Research & Reform Foundation (NGO)
512 A, Deepshikha, 8 Rajendra Place, New Delhi – 110008
e-mail: socio-research@sma.net.in

Posted in FCRA, TAX, LEGAL | 2 Comments

Sale of FCRA assets

Dear dialogue-members,

We have a four wheeler vehicle purchased in a project under FCRA 5 years back.
Now the vehicle condition is not good, hence we want to sale it. Further we want to purchase a new vehicle putting the earned money from sale, as a seed money/Down Payment to get a loan from Bank for the purpose. Can we do so? Then what is the process we have to follow?

Expecting response.

R.K.Mohanty

Posted in FCRA, TAX, LEGAL | 6 Comments

FCRA Online Renewal Process announced : Last date 15-3-2016

FCRA Dept has finally announced the Renewal Process for FCRA registration. Renewal process as expected would be undertaken online. Thus all persons who have already applied or even those who have not applied would need to apply online through FC3. Last Date of application is 15th March 2016.

Fee for Renewal of Rs 500/- would need to be paid online through FCRA Payment Gateway. For persons who have already sent their DD/cheques are likely to receive these back, unless your name is appearing in the list given by FCRA authorities. For facilitating our SRRF Dialogue members, we have downloaded the list and is available on following link.
http://www.srr-foundation.org/circulars/list_associations.pdf

For getting further details of FCRA renewal process, please wait for further announcements on this forum.
___________________________________
Socio Research & Reform Foundation (NGO)
512 A, Deepshikha, 8 Rajendra Place, New Delhi – 110008
e-mail: socio-research@sma.net.in

Originally posted 2015-12-14 14:52:02. Republished by Blog Post Promoter

Posted in FCRA, TAX, LEGAL | 82 Comments

FCRA for Foundations

Dear Dialogue Group members,

The companies Act 2013 makes it mandatory to spend 2% of PBT for certain category of companies on CSR. Most of the companies are establishing Foundations under registration of Trust. Some of the companies incorporated under the companies act 1956 are operating with 100% foreign investments. Please clarify whether the Foundations of their own or NGOs who receive grants from such companies need to have FCRA or not.

R S Sharat

Posted in FCRA, TAX, LEGAL | 8 Comments

Filing of FCRA ‘Nil’ Return

Dear Dialogue Members,

We have grant FCRA registration on 10.03.2015 and during the FY 2014-15 not received any foreign contribution, in this regards our quotation is “NIL” return (FC4) file for FY 2014-15, it is mandatory or not.

if it is mandatory but in the online FC4 without all documents attachment (Audited Statement,CA Certificate,Bank Statement which is not available for NIL Foreign contribution) not completed and not accepted.

Please suggest

Thanks with Regards
——————–
Sunil K Suryavanshi

Posted in FCRA, TAX, LEGAL | 6 Comments

FCRA Fund for ‘for Profit’ Company – Implications

Dear Members,

I received a foreign fund. I have to educate people for disaster management and also have to develop an equipment which could monitor the disastrous activity while disaster happens. developing the equipment is almost 80% of the total project cost. The equipment has to be researched and then developed and operated and monitored by the scientific company registered as “for profit”.

What kind of procedure/agreement/consultation/bills/mode should I adhere to undertake while dealing with this scientific company.

Please Help….


Amit Singh
Ganga Sansthan
32, Ameer Nagar,
Near Aishbagh Railway Station
Lucknow-226004

Posted in FCRA, TAX, LEGAL | 2 Comments

Crowd Funding and FCRA

Dear Friends,
Please throw light on:

Gone are the days when donors used to crowd at the doors of some good NGOs for funding good works.
Gone are great men like Gandhiji whose call for funds in crowded public meetings used to net in enough for good causes. Accountability was ensured.

We are into new form of crowd sourcing of funds through platforms committed to social causes, not just commercial ventures. Question is how to account for crowd-funds under FCRA, if

  • some of the contributors through Indian platforms are foreigners
  • some of the contributors through foreign platforms are Indian Citizens
  • does Government have any check on anti-national elements taking advantage of such platforms?

Yes, NGOs have yet another method of sourcing funds for socioeconomic causes and also disaster relief and rehabilitation.

Udayashankar

Posted in FCRA, TAX, LEGAL | 2 Comments

S.12AA Registration and certain other issues relating to Trusts

In a decision by ITAT-Delhi, following important aspects of a charitable institution were decided upon.

  • Whether for registration under S.12AA/12A, execution of a formal deed of trust is necessary, without which registration could not be granted ?
  • Whether tax authorities, while determining the registration under S.12AA/12A could go into the issue of income & expenditure account?
  • Whether the activities of the Trust for the benefit of a particular caste or community and performing charitable activities for this purpose would be debarred from registration under S. 12AA?
  • Whether supreme head of the Trust taking food and clothes, etc. from the funds of the Trust was violative of the provisions of S.13 of IT Act?

The case is relating to Tsurphu Labrang, a Trust created in 1159 AD and presently headed by the 17th Gyalwang Karmapa, residing in exile in Dharamsala. The Trust could not file the original Trust Deed, instead filed an affidavit that the trustees have in their possession all the Trust funds comprising of both movable & immovable properties, duly accounted for in its accounts and that all income arising from trust properties shall be applied for the aims and objects of the Trust, which were detailed in the affidavit itself.

The Tribunal stated that the Income Tax Act does not lay down any requirement that execution of a formal deed of Trust is necessary without which the registration could not be granted. It examined Rule 17A of Income Tax Act in this regard, which states that where the Trust is created under an instrument, copy of an instrument will need to be submitted with the application alongwith accounts for which activities have been completed, but in no case more than for 3 years. The second limb of the said Rule states that where Trust is created or the Institution is established, otherwise than under an instrument, the document evidencing the creation of the Trust is sufficient. There is no specific provision on what type of this document is required, thus it could be of any type. Even Indian Trust Act allows oral creation of a Trust and if the assessee is able to give some evidence of creation of such Trust by a word of mouth, the same shall be eligible for registration under S.12AA/12A. In this regard the present Head of the Trust has given a full declaration giving complete history of the organisation from 1159 AD. The Tribunal gave reference of Laxminarayan Maharaj vs CIT [1984] where Trust was created 100 years ago without any Trust document. MP HC decided in favour of the assessee on account of other evidences. Even an appeal to the SC was dismissed.

The Tribunal relying on several judgments stated that at the time of registration revenue authorities are required to examine only the aims and objects of the Trust and whether these are charitable in nature. The stage for application of income shall arise only when the Trust files its IT return. Cases relied upon include CIT vs Surya Educational & Charitable Trust [2013] a decision by Punjab & High Court.

Tax authorities argued that the trustees took refuge in Sikkim for 35 years but neither any Income Tax returns were filed nor any application moved under S.12A. The Tribunal stated that the Trust has moved application for registration on 31st March 2011 and therefore delay is not relevant, since the assessee has sought exemption from AY 2011-12 onwards only. It also rejected the argument of the Dept. that name of the 17th Karmapa is involved in certain foreign contribution violations, that those proceedings are on a different footing and would continue in a different court.

The Tax authorities’ objections that the objects given under the Declaration could not be original objects as existing in 1159, the Tribunal stated that the Objects of a Trust are likely to be dynamic which can always be modified to reflect present human needs and need not remain stagnant. Main consideration should be that the objects at the time of filing of declaration are charitable in nature and other essential conditions required for an organisation to be granted exemption are existing.

The Tribunal also rejected the argument that the activities of the Trust are for the benefit / charitable purpose of a particular community. The Tribunal stated that it is a well settled law that an object beneficial to a section of the public is an object of general public utility. The intention of the institution should be impersonal in nature and for a sufficiently defined and identifiable section of the public. It referred to several cases while arriving at this conclusion, including Ahemdabad Rana Caste Association vs CIT, Gujarat (1971 – SC) & CIT vs Dawoodi Bohra Jamat [2014 – SC].

The last issue that the Tribunal decided whether the Supreme Head of the institution who was receiving food and clothes, etc. from the funds of the Trust was violative of S.13. The Tribunal observed that the 17th Karmapa, who has renounced the world. He even diverts all offerings made to him to the Trust. He was full-time involved in the affairs of the Trust and was not taking any salary or other monetary compensation for the same. It observed that Section 13 does not debar the genuine basic expenditure of the Mehant or supreme head of the trust for their survival. The provision is meant to debar the author or trustees from parting away part of the income or Trust property for their personal benefit.

_______________
Socio Research & Reform Foundation (NGO)
512 A, Deepshikha, 8 Rajendra Place, New Delhi – 110008

Posted in FCRA, TAX, LEGAL | Comments Off on S.12AA Registration and certain other issues relating to Trusts