Guidance Note on filing of FCRA Annual Return (FC-4)

Many of SRRF Dialogue members would be involved in finalising their FC4 return. This year’s return has certain issues, which is creating a lot of confusion, amongst most NPOs. SRRF Dialogue is posting a para-wise Guidance to help members fill up their FC4 and comply.

S.No. FC-4 Particulars Comments
Para 1 Name Address, FCRA Reg. No. & Date Data is autopopulated from data maintained by FCRA Dept as per FCRA registration.
Para 2 Details of FC Receipts
(a) Brought forward FC This information needs to be typed and will not be autopopulated based on last year’s FC-4
  RECEIPTS  
(b)(i) Receipt – Intertest This should match with R&P
(b)(ii) Other Receipts Generally from sale of assets, etc.
(b)(iii) Income Tax refund trfd from non-FCRA Bank A/c  This is a new field and needs to be filled in, in case NPO has trfd TDS refund from non-FCRA to FCRA A/c.
(c) FC rec’d from foreign source during the FY
(i) Directly from a foreign source In most cases FC would be disclosed under this source only. 
(ii) as transfer from a local source  Not likely 
(d) Total FC (a+b+c) autopopulated (a)+(b)+(c)
Ensure this total agrees with R&P
(ii) (a) Donor-wise details of FC rec’d in form of a Table 
  Table has 7 columns, while all others are self-explanatory, col 5 needs special mention. Col 5 requires disclosure of ‘Purpose’ for which grant has been rec’d. This should align with the Purpose as specified in the FCRA registration. Generally Social, Educational or Economical. 
(ii) (b) Cumulative purpose-wise amount will be  Will be autopopulated according to disclosure in previous Table.
Ensure this total agrees with figure Para 2(d) above. 
Para 3 Details of Utilisation of FC
(a)   There is amajor problem in this Table, relating to Admin costs. If Admin costs of a project are included under individual project Utilisation costs column, then this will double Admin costs, as the Admin costs are also required to be separately disclosed under (ii) below the Table. Assumption by the Dept seems to be that Admin costs are not part of Project costs, and hence should not be included in the Utilisation cost of a Project.
If one includes Admin costs both under individual projects as well as under (ii) also, then Total costs will become higher than total utilisation under (iii). The Table does not accept it. Hence ideally do not include Admin costs under Utilisation column (8) of Table and disclose it under (ii) only. Problem arises that than unutilised balance under individual projects becomes higher by the amount of Admin costs not included under the projects.  To overcome this issue, one needs to reduce Admin costs from FC Receipts under col 6 of the Table.  
  Important: Since the above means that Total Receipts in this Table and as disclosed under Para 2 above do not match, a explaination in the form of reconciliation may be given alsong with Auditor’s Certificate.
3(a)(i) Utilisation for projects as per aims & objectives of the association Data will get autopopulated from Table under 3(a)
3(a)(ii) Total Admin Exps. This figure needs to be typed and should be separately worked out. 
3(a)(iii) Total Utilisation of FC This is auto-populated by adding figures in Col 8 under 3(a)(i) & (ii).
(b) Give details of all the assets capitalised and also included in Para 3(a) above. 
(ba)   Provide opening balance, additions, disposed and closing balance for each category of asset, as in FCRA Fixed Asset schedule. Ensure figures are matching with what is included in Bal Sheet. In which case the table in FC4, will not cross-tally as the Table does not include dep’n. Some experts are of the opinion, that only Gross Values should be disclosed, but then value does not match with Balance Sheet. Also some NPOs do not carry forward Gross Values, as they carry forward only WDVs.
(bb) Give details of Immovable properties @ 31-3-2025.  Make sure, values agree with Balance sheet.
(c) FC trfd to other associations before 29-9-2020 There is no clarity why this detail is being asked for, since NPOs would not be able to remember all the funds trfd to NPOs before 29-9-2020. What it should state details of funds trfd to NPOs in violation of S.7 during this year. Most likely all will fill Nil.
(d)  Total utilisation in the year (a+c) This is auto-populated figure adding 4(a)+4(c)
4 Details of unutilised FC
4(i) Total FC invested in FDs One has to give totals of all FDs here as per requirement. Ensure figures are in agreement with your FCRA R&P and FCRA Bal. Sheet.
4(ii) Balance of Unutilised FC, in cash/bank, at the end of the year
(a) Cash in Hand  
(b) FC designated A/c  
(c) Utilisation Bank A/cs  
(d) Total (a+b+c) This gets auto-populated by adding above three figures. Please compare this figure with unutilised figure in Table 3(a). These should match, if not go back and look into the reasons for the same.
     
4(iv) This should read 4(iii), but Form numbers it incorrectly as 4(iv) This is Table for working out carry forward of Admin Exps.
  A. b/f unspent part of allowable Admin Exps. Since this is the first year, when Admin exps have been allowed to be carried forward, most likely it should be Nil for almost all NPOs.
  B. Total FC rec’d during the year This is autopopulated, data considers FC rec’d+interest+Other Income under Para 2 above.
  C. Allowable Admin Exps. Of current FY (20% of B) This is autopopulated by system
  D. Total Admin Exps. Incurred during the current FY This is autopopulated by system, picking the data from Para 3(a)(ii)
  E. Admin Exps. Of current FY utilised out of A above. The system is designed, so that it first allows Admin exps to be set-off against b/f unspent balance. However choice is left to NPO
  F. Admin Exps of current year utilised out of C above Allows NPO to decide how much to utilise against current year’s allowable admin exp.
  G. Unspent part of C above available to be carried forward This is calculated by system
  H. Out of G above, amount to be carried forward to next FY Type the amount of Admin Exps. Not utilised out of G
  I. Reason for carry forward of unspent part allowable Admin Exps. To next FY Give reasons, if some part of Admin Exps. Is being carried forward.

Other columns are self-explanatory

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

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Show Cause Notice under Section 14(1) (e) of FCRA 2010

FCRA Dept has started issuing show-cause notices to registered entities, which have not received FCRA funds in last three years (FY 2021-22 to 2023-24). A sample copy of the Notice issued can be seen here. The Show cause Notice is being issued under S.14(1)(e) of the FCRA 2010 Act. The section is reproduced below:

S.14(1)(e): The Central Govt may, if it is satisfied after making such inquiry as it may deem fit, by an order, cancel the certificate, if the holder of the certificate has not been engaged in any reasonable activity in its chosen field for the benefit of the society for two consecutive years or has become defunct.

If you have rec’d such a Notice, and you wish to continue with your FCRA registration, you will need to write to the FCRA Dept within 21 days from the date of Notice and convince the Dept that you wish to continue with the activities, and are in negotiation / making efforts to receive FCRA donations in near future.If possible, provide some documentary support for the same.

However, ultimately it will be the decision of the FCRA Dept whether it cancels the Notice or accepts your representation.

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

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Delhi HC rejects ‘one line refusal’ of FCRA Dept

Indian Social Action Forum vs Union of India.[1] [WP(C) 10199/2016&CM APPL. 37992/2021 – Delhi HC: Order dt 24-07-2025)

Delhi HC (Justice NitinWasudeo Sambre & Justice Anish Dayal) decided in favour of appellant NGO – INSAF, whose FCRA renewal registration application was rejected by the FCRA Dept. vide its email communication dt 21-10-2016.

In its order the HC stated that it was concerned that the order was without reasons and even the basic considerations. It was only ‘one line email’ stating that the Union of India rejected the prayer of the petitioner for renewal for the period from 2016-2021. Although during the hearing, Union Govt has tried to justify its decision by narrating the reasons in the affidavit. Since the said order cannot be substantiated by these reasons, such conduct of Union of India reflects complete non-application of mind, and therefore can also be termed as in violation of principles of natural justice.

In view thereof the said order cannot be sustainable.

Subsequent affidavit submitted by Union of India, stated that the basis for rejection of renewal is on account of S.12(4)(e) of FCRA Act 2010, where certain criminal prosecution cases were pending against the office bearers. Petitioner informed the Court that in all the cases, the office bearer of the petitioner stood acquitted in all but one case. HC directed Union of India to consider the renewal requestof certificate afresh, within 90 days of the Order, and allowed the petitioner to submit all such material which it considers justifiable for claim of grant of renewal within 30 days. HC specified that it has adhered to the timeline of 90 days in view of the proviso to S.16 of the Act, requiring it to provide its decision and reasons for rejection with 90 days.


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


https://www.livelaw.in/pdf_upload/74824072025cw101992016160738-612534.pdf

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SC backs Madras HC decision of restoring FCRA Renewal

UNION OF INDIA Versus M/S SHARMA CENTRE FOR HERITAGE EDUCATION, SLP(C)No. 26284-26285/2025[1]


We refer to Madras HC case that we reported only a few days back (https://blog.srr-foundation.org/?p=4788), where Justice N. Anand Venkatesh had decided in favour of appellant NGOs, whose FCRA registration was not renewed by FCRA Dept. HC had quashed the refusal letters of the Dept, and asked the FCRA Dept. to issue renewals.

FCRA Dept filed a Special Leave Petition in the SC, requesting to quash the HC Order. Matter was heard by Bench of Justices Vikram Nath & Sandeep Mehta. In a sharp comment to Additional Solicitor General representing Dept, Justice Nathasked

Have they misappropriated? is there any abuse of these funds received by them? There is no such finding at all. If they are doing some social service for the society, what is your problem? You monitor, keep a check, let them file their accounts annually – that’s all. Don’t complicate things, don’t further harass them. Comply with the High Court Order.

Effectively with this decision of SC, the two NPOs which had gone to the court for relief have been granted the relief. It is fervently hoped that more NPOs will pick up the baton and go to the courts for relief and not wait endlessly for FCRA Dept’s mercy.

Dept’s strict attitude while considering NPOs applications, can be seen from the unreasonably high rejection rate, that MHA has published in its Annual Report for FY 2023-24.

ServiceTotal Applications DisposedApproval GrantedRejections
No. of ApplicationsRej. Rate (%)
FCRA Renewals83066293201324%
FCRA Registrations2154120994544%
Prior Permission2963925787%
Change of Board Members83474185416250%


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


[1]https://www.livelaw.in/top-stories/supreme-court-rejects-union-challenge-to-high-court-order-for-renewal-of-ngo-fcra-registration-304484

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Madras HC quashes refusal to Renew FCRA due to transfer to sister concern

Madras HC quashes refusal to Renew FCRA because funds were transferred from one sister NGO to another without any malafide

Sharma Centre for Heritage Education & Ellen Sharma Memorial Trust vs Union of India &Anr.[1] [CMA No. 746 of 2022 & WP No. 4887 of 2022 – Madras HC: Order dt 27-06-2025)

Madras HC (Justice N. Anand Venkatesh) decided in favour of appellant NGOs, whose FCRA registration was not renewed by FCRA Dept. The denial letter stated that renewal was denied based on S.16(1) read with S.12(4)(a)(vii) of FCRA 2010. The communication did not specify the nature of violation.

FCRA Dept in its response, filed a counter affidavit alleging violation under S.7 of the Act, stating that funds had been transferred among the sister NGOs without prior approval. Dept argued that this violation disqualified the NGOs from receiving renewal.

In its judgement, the HC recorded that the Dept’s communications have not contained any reasons except stating that the renewal was refused under S.16(1)…. Of the Act. Court held that the breach by the parties was minor, as the Dep’s own report delivered to the Court in sealed cover, did not show any material that the two Trusts had misused the FC and that there was no personal gain no diversion of fund for undesirable purposes. The court stated that transfer of funds, without any allegation of mis-proprietary is nothing more than a procedural breach. The Court quashed the FCRA refusals and stated that the petitioners should be granted renewal.

https://24law.in/story/madras-high-court-sets-aside-fcra-renewal-rejection-holds-technical-breach-under-amended-section-7


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


 

Posted in FCRA, TAX, LEGAL | 1 Comment

Which account funds to be deposited on sale of FCRA Property

Dear Members,

Require your opinion:

If a FCRA certificate holding Society-cum-Trust has obtained permission from the Charity Commissioner to sell its immovable property which was purchased 20 years back from its Foreign funds. Now, the authorized buyer which is a LLP company or a Trust wants to electronically transfer the amount agreed upon.

QUESTIONS:

  1. Which FC account should the buyer be advised to transfer to: the main account at SBI, NDMB or its FC utilization account (from which the immovable property was purchased)?

Kindly guide us.

Dhruv Mankad

Posted in FCRA, TAX, LEGAL | 5 Comments

Renewal of 12A and 80G Registration

Most NPOs were granted their 12A and 80G registration certificate in the year 2021. ‎These certificates are valid for 5 years (in case of Regular or Final Registration) from the date of registration and renewal will in most cases will remain effective till AY 2026-27.

The renewal process must be initiated at least 6 months before expiry of the 5-year registration granted under S.12AB [See S.12A(1)(ac)(vi)].

Thus if your NPO rec’d the 12A registration during FY 21-22 covering AY 22-23, then if it has been valid for 5 years, it will expire at the end of AY 26-27, i.e. 31-3-2026. Hence you need to apply at least 6-months prior to expiry, i.e. before 30th September 2025.

There is some confusion whether 12AB has been extended for 10 years, since section 12A(1)(ac)(vi) now states that renewal is due after 10 years. It is our understanding that extended 10-year validity will apply only prospectively – i.e., after your current term ends, the renewal is likely to be granted for 10 years. Without such express order, an organisation will be taking a risk and hence we strongly recommend that you apply for renewal before 30th September 2025.

Re 80G, present Finance Act 2025 does not have provision of 10 years, and hence will continue on the basis of 5 years.

Finance Act 2025 has already been passed in Lok Sabha and needs to be approved in Rajya Sabha, although being a money Bill it does not require mandatory approval of the Rajya Sabha.


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

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Major Changes for charitable organisations – ITR-7

Recently CBDT has notified most of the ITRs, after making changes, including ITR-7. These changes were notified on 9-5-2025. Major changes are highlighted below:

1. NPOs need to disclose several new information earlier not asked for in their ITR 7

  1. Capital Gains Segregation Based on Date: As per the amendments introduced in the Finance Act, 2024, a major update has been made to Schedule-Capital Gains in ITR-7. Taxpayers are now required to report capital gains separately for transactions executed before and after July 23, 2024 — the date from which the revised capital gains rules came into force. This change is expected to affect how indexation and tax calculations are carried out.
  2. Section 24(b) Reporting for Interest on Housing Loans:New fields have been added to capture deductions claimed under Section 24(b), improving disclosure on interest paid for house properties owned by these entities.
  3. TDS Section Code Inclusion:Entities will now need to specify the TDS section code in the Schedule-TDS to enhance verification of tax deductions.
  4. Under Para A20 of the ITR-7, details of registration under other laws (such as FCRA, Darpan, etc.) are required to be disclosed.
  5. Voluntary contributions need to be disclosed between Domestic & Foreign, and under these broad division between Corpus & others. In case of Foreign Contribution (FC), one would also need to disclose purpose for which FC has been received.

2.  Due Dates for filing of ITR 7

  1. For NPOs, including companies, required to undertake audit of their accounts, the due date remains the same as earlier, i.e. 31st October 2025.
  2. For NPOs not required to undertake audit of their accounts, normally due date is 31st July, however this year it has been postponed to 15th September 2025.


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

Posted in FCRA, TAX, LEGAL | 1 Comment

Deadline for filing Form 49C extended

Foreign companies with Liaison offices, which till last year were required to file Form 49C within 60 days from year-end can now file the same in eight months from the year-end, i.e. by 30th November. This has been done vide Income Tax (4th amendment) Rules 2025. This extension provides additional time for LOs to gather and report accurate financial and operational details, aligning the compliance timeline more closely with other regulatory requirements. The amendment came into effect from the date of its publication in the Official Gazette. This is effective from the date of publication in the Gazette, i.e. 9-2-2025.


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

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Recent Amendments in FCRA Forms (Notification GSR 342E dt 26-05-2025)

This amendment has been brought to bring into rules (through Notification) various changes brought in by FCRA Dept through a Checklist brought in by FCRA Dept for submitting various documents at the time of applying for registration.

Important ones are briefly summarized below.

Form FC3A (for registration amended)

  • Last three years financial statements [Balance Sheet (B/S), Income & Expenditure (I&E) & Receipt & Payment (R&P)] and audit reports to be submitted along with the registration application. Earlier form did not specify this requirement.
  • Year-wise activity reports for three years.
  • I&E & R&P should reflect project/activity-wise expenditure. These statements should reconcile with each activity in the activity-wise report. If not, then submit a CA certificate giving such details and ensuring figures as per activity reports reconcile with the relevant I&E & R&P.
  • Proforma affidavit format amended. It now requires each Board member to confirm that s/he is an Indian citizen, give OCI Card particulars if applicable, no conviction or prosecution pending.
  • If NPO involved in publication related activities or if the Objects include such activities, then Chief Functionary needs to give an undertaking that no violation of S.3(1)(g) – reproduced below for ready reference

No FC to be accepted by association or company engaged in the production or broadcast of audio news or audio visual news or current affairs programmes through any electronic mode, or any other electronic form as defined in clause 2(1)(r) of the Information Technology Act 2000 or any other mode of mass communication.

  • If any publication of NPO registered with Registrar of Newspaper for India (RNI, then obtain a certificate from TNI that it is not a Newspaper.

Form FC3B (Prior Permission) &FC3C (for renewal amended)

  • Similar changes made in above forms, particularly relating to Proforma format.

Form FC4 (Annual Return)

  • Purchase of new assets a Table has been added, requiring details of assets purchased.
  • Details regarding movable & immovable assets, new Tables provided, requiring that figures should match with details in Balance Sheet.
  • Chartered Accountants now are required to include in their own certificate project-wise opening & closing balances, alongwith project-wise receipt & utilization. This is quite onerous responsibility and will require Cas to spend substantial time in ensuring these figures.


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

Posted in FCRA, TAX, LEGAL | 2 Comments