Payment to media & FCRA

Posted on May 25, 2013 by SRRF

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

Posted on May 16, 2013 by SRRF

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

Posted on May 9, 2013 by SRRF

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

Posted on May 9, 2013 by SRRF

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

Posted on April 24, 2013 by SRRF

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

Posted on April 16, 2013 by SRRF

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

Posted on April 13, 2013 by SRRF

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

FCRA funds transferred to wrong account

Posted on April 9, 2013 by SRRF

Sir,

Money transfer from our foreign donor by mistake has been sent to another organization’s FC account as the wire transfer carried the other organization’s details instead of ours. How do we go about correcting this? Is it enough if the donor writes to the recipient and ask him to transfer the amount to us ? Will it be within the FCRA regulation? How can we correct this? The recipient will be ready to transfer/oblige.

Bhooma Parthasarathy

Posted in FCRA, TAX, LEGAL | 5 Comments

Applicability of FCRA on Rotary Club?

Posted on April 9, 2013 by SRRF

My Quarry is that We are a small part of a big group called Rotary Dist. 3010.

Do we need to register ourselves on behalf of the individual capacity of our club.

In every individual Rotary Club The President is changed every Year & there is no permanent address of the club. Only the address of current club president is valid.

So how do we apply. We have to register ourselves every year ?

Rotary Club Of Delhi Capitol.

D. L. Jalan

Posted in FCRA, TAX, LEGAL | Comments Off on Applicability of FCRA on Rotary Club?

FCRA Registration of a Trust

Posted on April 4, 2013 by SRRF

Hi

What are the criteria for a trust to apply / get FCRA…please guide us….. ????

Your’s Sincerely

Ravi Bhushan
OMABM Foundation

Posted in FCRA, TAX, LEGAL | 8 Comments