Delhi High Court - Orders
Shree Swaminarayan Mandir vs Union Of India on 16 August, 2021
Author: Rekha Palli
Bench: Rekha Palli
$~27
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 8442/2021
SHREE SWAMINARAYAN MANDIR ..... Petitioner
Through Mr.Manoj Khanna with Mr.Rajat
Bhatia, Advs.
versus
UNION OF INDIA ..... Respondent
Through None.
CORAM:
HON'BLE MS. JUSTICE REKHA PALLI
ORDER
% 16.08.2021
CM APPL. 26156/2021
1. Exemption allowed, subject to all just exceptions.
2. The application stands disposed of.
W.P.(C) 8442/2021 &CM APPL. 26155/2021(interim)
3. The present petition seeks a direction to the respondent to allow the petitioner to upload its form FC-4 on the respondent's portal, as mandated under the Foreign Contributions Regulations Act, 2010, so as to enable the petitioner to file its annual return for the financial year 2019-2020 beyond the prescribed date of 30.06.2021.
4. Learned counsel for the petitioner submits that the return could not be filed due to a technical glitch in respondent's portal and, therefore, contends that petitioner ought not to be penalised for the same. He further submits that same technical problem was faced by a number of other similarly placed parties. He submits that the petitioner Signature Not Verified Signed By:GARIMA MADAN Location: Signing Date:17.08.2021 14:59:35 apprehends that on account of non-filing of return, the respondent is likely to take coercive action against it and, therefore, prays that the respondent be restrained from taking any coercive action against the petitioner and the petitioner be permitted to file its annual returns. In support of his submission, he places reliance on an order passed by a Coordinate Bench of this Court in W.P.(C)6031/2021 on 01.07.2021.
5. Upon the petitioner taking steps, issue notice to the respondent through all permissible modes returnable on 03.09.2021, along with W.P.(C)6031/2021. Counter affidavit, if any, be filed within two weeks. Rejoinder thereto, if any, be filed before the next date.
6. Despite service of advance notice, none appears for the respondent. In these circumstances, it is directed that till the next date, no coercive action be taken against the petitioner for non-filing of the return.
REKHA PALLI, J AUGUST 16, 2021 sr Signature Not Verified Signed By:GARIMA MADAN Location: Signing Date:17.08.2021 14:59:35