FCRA Renewal

Dear All

We have registered Trust under FCRA since 1999. As per rule we have already apply for FCRA Renewal on 29 Apr 2015, but till date not receive any intimation or letter from FCRA division. My question is what we do for the same? I have mailed to FCRA division but not received any reply. Please suggest where we know the application status?

Regards
Sunil K Suryavanshi

Posted in FCRA, TAX, LEGAL | 7 Comments

Service Tax on Donations

Dear Members,

I have another question on applicability of Service Tax

Some organisations create Chairs after the donors name eg. ICRIER has a chair called Infosys Chair for …..

Could you advise treatment of such donations ? Service tax ?

Best,
Wikky Katyal

Posted in FCRA, TAX, LEGAL | 1 Comment

ALLOWABILITY OF BASIC EXEMPTION LIMIT

A society is registered under the Society Registration Act 1860 but is not registered under section 12 AA of the Income Tax Act and it carries out charitable objects.

Can it not claim basic exemption limit under Income Tax Act as an AOP? Is MMR Maximum Margional Rate applicable ? Further the shares of members have not been defined and members individual income is above basic exemption limit. Please advise.
With Thanks & Regards

CA Rajeev Sharma
B.Com. F.C.A.D.I.S.A.(ICA)
Lucknow 226 016
India

Posted in FCRA, TAX, LEGAL | 7 Comments

Recent case law adjudicating on applicability of Service Tax to Non Profits

Recently, in the matter of Malabar Hill Citizens Forum Versus Commissioner – Central Excise, Mumbai, Mumbai CESTAT held that amounts collected for conducting Aerobics and Yoga classes would fall under Health & Fitness Services and accordingly would be chargeable to service tax. CESTAT has relied on the judgment given by same bench in the case of Osho International Foundation, Neo Sannyas Foundation Versus Commissioner of Central Excise, Pune, 2015 (6) TMI 441 – CESTAT MUMBAI, dt. 27th May, 2015.

In this case, Mumbai CESTAT referring the definition of Health & Fitness services has ruled out the plea of the appellant that they are a charitable institution. It has observed that an entity whether charitable or otherwise would be covered under the term ‘any establishment’ and thus, would fall under the taxable service category of Health & Fitness services.

Case Source: Central excise, Malabar Hill Citizens Form, Mumbai 2015 (9) TMI 789

___________________________________
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

Deregistration from PF

Dear all

we are a small Charitable trust registered at Jaipur in Rajasthan and having employees ranging between 18-25 depending upon the projects and availability of funds. We had PF and we were regularly complying all PF norms. Two years back we introduced our personal systems including a salary structure and also introduced gratuity. All of us know that in last year we years funding scenario has changed a lot and in this financial year 2015-16 our main funding from CSR has also shrunk significantly. Therefore the DST cost (Development Support Team cost) and OH costs also impacted as it was directly linked in percentage of programme funds. Now we discussed this issue with our staff and after discussion we arrived at consensus to maintain basic and pay only the take home as salary and stop PF deduction and submission of organisational contribution also.

All employees voluntarily gave their agreement to this decision in writing. Now we are wondering is it correct? what are the implications of it. Kindly give suggestions and advise pl.

Looking forward for your guidance
warm regards

Asif Zaidi

Posted in FCRA, TAX, LEGAL | 1 Comment

Is advocacy permissible from FCRA funds?

We had the following queries

1. If our work is largely about advocacy , including legislative advocacy and PILS, is it advisable to take FC money
2. A staff paid by a project that is foreign aided can conduct research and file PIL using Indian money??
3. An organisation having FC and Indian money can file a PIL using Indian money without it adversely impacting FCRA registration??

thanks
Nupur


Centre for Social Justice

Website: www.centreforsocialjustice.net

Posted in FCRA, TAX, LEGAL | 3 Comments

Precautions on Online Acceptance of Foreign Donation

Dear Dialogue Members,

We are a NGO (Pratham Books) works towards development and distribution of high quality children books in multiple Indian languages. We have an online platform to raise money “Donate a Book” (https://donateabook.org.in/). As of now, we are accepting only Indian Donations and have linked our Non-FC (domestic) Account to it. But now, lot of foreign donors are showing interest in donating to our various campaigns. I have a few queries (from statutory point) on this:

  1. Can we link our FC Account and start accepting foreign donations through on-line.
  2. Is there any paper work required for the same
  3. Is there any specific guidelines under FCRA Act which needs to be followed while accepting foreign donations on-line.

Looking forward for your valuable response.

Regards
Pragya Thakur

Posted in FCRA, TAX, LEGAL | 6 Comments

Service Tax on Security Services

As per the recent amendment in the service tax laws , service tax is to be deposited by the payer (person availing the services) for the security services (security guards). If the organisation is not registered under the service tax rules, what is the process of depositing the service tax, will the organisation be exempted or the organisation have to get itself registered with the authorities?

Sachin

Posted in FCRA, TAX, LEGAL | 2 Comments

PF Coverage for NGOs

Dear dialogue members,

It is reported that all Religious and Charitable Institutions which are hitherto exempted from coverage of EPF are now covered under EPF provisions w.e.f. 01.04.2015. Can anybody through light on this please.

Regards,

Sridharha

Posted in FCRA, TAX, LEGAL | 10 Comments

Service Tax on Grant

Dear Members,

We have received grant Rs.10 Lacs in 28th August 2015 from foreign source for a specific project and deposited in FCRA account. The said amount is not inclusive of service tax.

Q.1 What amount to be deposited? Is it direct 14% of Rs.10 Lacs ?
Q.2 When to be deposited?
Q.3 Is service tax deposited from FCRA account?
Q.4 How we will intimate the donor?
Q.5 What should be the utilization amount shown to donor i.e., (10lacs-service tax) or (10 lacs).

Please advice.

Ashok Mishra
SNS Foundation

Posted in FCRA, TAX, LEGAL | 4 Comments