Taxation of charitable organization

Dear Sir/Ma`am

I have come to known this email id through one of my friend.

Sir/Ma`am can i request you to provide your expert opinion for below mentioned query??

“As per Income Tax Act , Section 29 – 43 are only applicable to the income computed under section 28 i.e. Income from Profit & Gain from Business”

In such a case whether Assessing Officer has power to disallow the following expenditure of a charitable organisation and Tax the same amount:-

1. Expenditure Paid without deducting TDS ( As required under Section 192 – 194)
2. Expenditure Paid in cash in excess of 20,000 in single payment
3. Prior Period Expenses

I will be highly obliged if you can respond to my queries.

Deepak Singh

Posted in FCRA, TAX, LEGAL | 1 Comment

Limits of foreign funds received in individual account

Dear All,

I have a query with regards to Personal Funds we receive from relatives and friends from abroad through Agency’s like Western Union or Money Gram.

1. Is there any limit for the amount to be received in a year.
2. Is there any Tax to be levied on this amount or upto what amount.

With Regards

Manish Justin Khan
Accounts Officer
Adventist Development and Relief Agency India (ADRA India)

Posted in FCRA, TAX, LEGAL | 4 Comments

Raffle Tickets- Lucky draw as a fundraiser

Dear Friends,

We at United Way are exploring the idea of holding Raffle Tickets draw- Lucky draw as a fundraiser. And wanted to understand the legal implications and practical aspects of organising such an activity. We would also want to understand specific pointers to be kept in mind related to Designing of the Ticket, collection of funds and announcing the winner and accounting the funds received etc. Warm

Regards

Anupama Kalra
United Way of Delhi

Posted in FCRA, TAX, LEGAL | 3 Comments

Payment to media & FCRA

From Sudhir Kumar, Plan India

Dear Sir,

Good afternoon !!!

Please refer our discussion regarding payment related to media. As you know that Section 3 of FCRA 2010 specifies that certain persons cannot receive foreign contribution including:

  • Correspondent, columnist, cartoonist, editor, owner, printer or publisher of a registered newspaper.
  • Association or company engaged in broadcast of audio or visual news.
  • Correspondent, columnist etc. related with the company referred in clause (g)

 Can you please help me to understand whether following payment can be made or it is restricted ?

1.      Advertisement in Newspaper for invitation on different occasions, like celebration of national and international days.

2.      Payment to media for publishing case Studies/Success stories.

Regards

Sudhir Kumar_,_._,___

 

 

Posted in FCRA, TAX, LEGAL | 2 Comments

HEAVY PENALTIES FOR LATE FILING OF FCRA RETURN

The Ministry of Home Affairs has issued a notification (Notification No: 939, 29/04/2013) to the organisations registered under the Foreign Contribution Regulation Act to submit their FCRA Returns on time.

Accordingly any delay in filing of Annual Return will attract penalty ranging from two to five per cent of the total foreign contribution received any NGO during the year.

The following table describes the penalties on non filing of FCRA return and officer competent for compounding:

S. No. Offences Amount of Penalty Officer competent of compounding
1. Non-furnishing of FCRA return upto 90 days after 31st December every year Penalty of 2% of the amount received during the Financial year or Rs.10,000/-, whichever is higher. The Director or Deputy Secretary in charge of the Foreign Contribution (Regulation) Act Wing of Foreigners Division in the MHA.
2. Non-furnishing of return after 91 days upto 180 days after 31st December every year Penalty of 3% of the amount received during the Financial year or Rs.20,000/-, whichever is higher. The Director or Deputy Secretary in charge of the Foreign Contribution (Regulation) Act Wing of Foreigners Division in the MHA.
3. Non-furnishing of return after 180 days after 31st December every year Penalty of 5% of the amount received during the Financial year or Rs.50,000/-, whichever is higher, with Rs. 500/- per day of delay after 180 days. The Director or Deputy Secretary in charge of the Foreign Contribution (Regulation) Act Wing of Foreigners Division in the MHA.

We also thank Account Aid for bringing the above information to our notice.

_______________________________
Socio Research & Reform Foundation
(A Non Government Organisation)
512 A, Deepshikha, 8 Rajendra Place,
New Delhi – 110008

Posted in FCRA, TAX, LEGAL | 9 Comments

Community Radio Service & FCRA

Dear All,

In the category of “Persons Specially Debarred From Receiving Foreign Contribution” one of the category is “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 (r) of sub-section (1) of section 2 of the Information Technology Act, 2000 or any other mode of mass communication.

The general understanding is that NGOs cannot engage in Community Radio Service (CRS) and if they do engage then that NGO cannot receive FC money. The clarity I am seeking is:

1.       Is this understanding correct?
2.       Can general awareness programmes be conducted as part of CRS?
3.       Do NGOs have to seek any kind of approval from MoHA for this since the CRS license is provided by Ministry of Information and Broadcasting?  

Thanks and regards,
_____________________________________
B V Soma Sastry
Director – Finance and Admin
Centre for World Solidarity
12-13-438, Street No. 1, Tarnaka
Secunderabad 500 017
Andhra Pradesh

Posted in FCRA, TAX, LEGAL | 1 Comment

Pedestrian Safety & PIL

Dear Friends,

We must agitate first against  total lack of safety for pedestrians on our roads across the Country.

Absolutely no concern for common man’s life. It is time for a PIL in favor of traffic signals for pedestrian crossings, some are agitating against honking which would only increase accidents!

Udayashankar

Posted in Pedestrian safety | 13 Comments

Service Tax on Contracted Services

Dear All,

Could anyone elaborate on “Service Tax” applicable to a person working as contracted service (contractor) under an international organization on referred terms (a) operating in India and (b) not operating in India.     

Regards,

Dr. Subrata Dutta, PhD
National Coordinator-(FFI-India)

Posted in FCRA, TAX, LEGAL | 5 Comments

Opening of FCRA Bank Account

Dear SRRF Members,

Whether any written permission is required from Ministry of Home Affairs to open a bank Account  for expenses of FC Grant?

Loooking forward your response,

Thanks in advance.

Thiyagarajan Devarajan

Posted in FCRA, TAX, LEGAL | 9 Comments

Applicability of Service Tax on Grants

Dear SRRF Dialogue Members,
Greetings from SRRF!!!!

We have received following query form Mr. Sunil Kumar Suryavanshi on “Applicability of Service Tax on Grants”. Kindly give your responses.

Dear Members

Kindly provide suggestion on Service Tax applicable on NGOs on receipts of funds as below:

Particulars

Applicable or Not

Fund receipts as a Grants

?

Fund receipts as contracted service

?

Fund receipts from Central Govt. or State

?

Govt. or its Institution (Zila /Janpad Panchayats, Nigam, collectrate office, Govt.Commission offices etc)

?

Fund receipts on reimbursement basis for organise event and original bills submitted to funder

?

With Regards

Sunil Kumar Suryavanshi

Posted in FCRA, TAX, LEGAL | 10 Comments