Transfer of fund from FCRA utilization to partner main FCRA account

Dear Sir,  

This is Sourav Ghosh from Delhi, I have a query regarding the FCRA utilization account. Is it possible to transfer fund to Grant Partner i.e,  another NGO main FCRA designated account from our organization FCRA utilization account.   I will be highly obliged to you if you please respond by question.   Thank you for your support and cooperation.  

Regards,  

Sourav

Posted in FCRA, TAX, LEGAL | 4 Comments

Query – Process to update FCRA Bank Account changed due to merger of the Banks.‎

Sirs,

Governmentof India took a decision to merge many public sector banks to merge into a few number of banks. Our Vijaya Bank is merged with Bank of Baroda. Our bank account number and bank registered for receiving funds under FCRA, has been changed into a new account number and bank.

In such a case, is it necessary to change the bank account number and name of the bank registered with the FCRA division of Ministry of Home affairs? Please advise.

Regards,

Vidya Sagar Devabhaktuni

President, SKG Sangha
Muneshwara Nagar
Antharagange Road
KOLAR – 563 101
Karnataka State, INDIA

Posted in FCRA, TAX, LEGAL | 1 Comment

TAXABILITY OF SPECIFIC DONATION TO TRUST NOT REGISTERED UNDER 12A

Dear Sir/Mam,

We sought guidance/ suggestions regarding the following queries in case of Trust established vide duly executed Trust Deed:-

1. Whether the Trust can receive donation from Trustees towards Corpus in Cash of > Rs. 2,000/- ?
2. Whether donations received by the Trust towards building fund is liable to Tax? as the Trust is not registered u/s 12A?     

We assume that this being capital receipts is not liable to tax.

Swayam Jyoti Sharma

Posted in FCRA, TAX, LEGAL | Comments Off on TAXABILITY OF SPECIFIC DONATION TO TRUST NOT REGISTERED UNDER 12A

Procedure and formalities to open NGO in India by OCI card holder

Dear Sir,

I would request you if you can provide information about the provisions of FCRA and other laws related to a person who is a foreign citizen of Indian origin with an OCI card retired and moved to India to start an NGO from his personal savings working abroad: 

1. Will the money he contributes to start and run his NGO be in violation of FCRA act. 

2. Can that person be on the board of the directors and member or trustee? 

3. Can such person receive donation from his friends and family who are OCI holder settled abroad? 

4. Can such NGO get special permission to receive foreign funds? Can his NGO receive donations in Indian currency from visiting foreign national volunteers not Indian origin volunteers?

5. Can he use his NRO or NRE bank account in India to fund his NGO? 

6. Does it make in all above cases if the person acquired the Aadhar Card (by law an OCI holder can get Aadhar after stay in India for 182 days in the last one year). 

Can you please help me answer the questions that my NRI friend had inquired?

Thanks Aman T 

Posted in FCRA, TAX, LEGAL | 4 Comments

Requirement for applying for 12AA/80G registration extended to 1st October 2020

Requirements for filing applications for re-validation of S.12AA / 80G /S.10(23C) which was to be applied between 1st June – 31 August has now been extended to 1st October 2020 to 31st December 2020.

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

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Clarification on renewal of 12AA & 80G

Dear Sir,

It was proposed in the budget about re registrations of NGO’s under 12AA & renewals of 80G. Is there any guideline released by Income tax Dept in this reg

Thanks & Regards

Abhijeet

Posted in FCRA, TAX, LEGAL | 3 Comments

Government seeking support in COVID-19 response activities

Recently FCRA Dept has sent letters to all NGOs registered with it, seeking support of non-profit community in fight against COVID-19 (click here to download). Some of you have wondered what should be the response of the CO community in this regard. First of all let us be clear, that the letter is straight forward seeking support, it does not make it mandatory on NPOs to undertake initiatives on COVID-19.

We are also clear that India is facing an unprecedented situation, where huge number of persons, particularly vulnerable, have been thrown out of their livelihood means. Many of these persons face huge uncertainties regarding shelter & their next meal. Further medical personnel, who at present are the frontline warriors in this fight against the pandemic, are facing huge shortage of Personal Protective Equipment (PPE). I am sure there are a number of other areas, as listed in the FCRA letter, where there is an urgent need for support & resources, both financial, material and of personnel.

CSOs have always been in the frontline when it comes to supporting needy & vulnerable. I am sure many are already doing their best in the present circumstances. It is suggested that VANI has taken the lead to collate all such initiatives. It is suggested that whatever actions that you may take, please do put it out in public domain, so as to make Public at large aware of the contributions of the Sector. You could also reach out to VANI at their Google page or simply send it on their email info@vaniindia.org.

Hope this clarifies the context of the FCRA letter that many of you have received.

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

Posted in General | 2 Comments

Representation Letter to Prime Minister on existential issue for the non-profit sector in India

SRRF understands the anguish of all who have commented upon the importance of keeping CSR funds flowing to voluntary sector. Aurobindo society has taken the initiative to write to the Prime Minister on this aspect. Please see the letter on following link (Click to download Representation Letter) that they plan to send to tomorrow itself. If you largely agree with the contents of the letter, please either send a mail to SRRF at (socio-research@sma.net.in) or just send your name designation, and organisation’s name endorsing the letter. Target is to give a list of 500 NGOs name endorsing the letter. We appeal to all of you who represent their organisation or can request their organisation to put their name on it, we would forward the same to Aurobindo Society, to add your organisation’s name.

Since time is short, letter is being sent tomorrow morning through a Minister, we request you to please endorse it in large numbers. As the letter says it is an existential crisis for the Sector, and we must not hesitate at this moment.

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

Posted in CSR | Comments Off on Representation Letter to Prime Minister on existential issue for the non-profit sector in India

Last date for posting comments on Draft CSR Rules approaching fast

As the last date for submitting response in regards to the proposed changes in “CSR Rules” is approaching fast (28th March 2020), It is requested please do post your comment at the earliest.

SRRF has posted comment on MCA portal. Please visit the following link to get copy of the same for your reference.

http://blog.srr-foundation.org/wp-content/uploads/2020/03/SRRF-MCA-Response-Mar20.pdf

Comments have to be submitted for each rule, so having a pre-prepared document ready at hand will facilitate posting the comments.

SRRF appeals to everyone associated with the Sector to post comments, since more number of comments would force the Govt to reconsider this rule which will impact resources of the Voluntary Sector in a major adversarial way.

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

Posted in CSR | 14 Comments

CSR funds can be spent on COVID-19

Ministry of Corporate Affairs has clarified vide it’s General Circular No. 10/2020, dated 23.02.2020;  that spending of CSR Funds by companies for various activities related to COVID-19 under Schedule VII of companies Act 2013 is an eligible CSR activity. (Click here for circular)

Funds may be spent for various activities relating to

  • promotion of health care,
  • preventive health care,
  • sanitation, and
  • disaster management. 

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

Posted in CSR | Comments Off on CSR funds can be spent on COVID-19