Gujarat High Court
Vinay Vihar Kelavani Mandal Lok ... vs Under Secretary To Government Of India on 6 December, 2022
Author: Biren Vaishnav
Bench: Biren Vaishnav
C/SCA/10578/2017 ORDER DATED: 06/12/2022
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 10578 of 2017
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VINAY VIHAR KELAVANI MANDAL LOK VIDHYALAYA
Versus
UNDER SECRETARY TO GOVERNMENT OF INDIA
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Appearance:
MS. HINA S RAVAL(7298) for the Petitioner(s) No. 1
V G RAVAL(7637) for the Petitioner(s) No. 1
KSHITIJ M AMIN(7572) for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE BIREN VAISHNAV
Date : 06/12/2022
ORAL ORDER
1 Challenge in this petition is to the communication dated 03.06.2015, by which, the registration of the petitioner under the Foreign Contribution (Regulations) Act, (for short "F.C.R.A") has been cancelled. 2 Perusal of the petition indicates that the petitioner was registered under the F.C.R.A, 1976, for cultural, economic, educational and social purposes. After the repeal of the 1976 Act, the Foreign Contribution (Regulations) Act, 2010 came into force, by virtue of which the registration was enforced for a period of five Page 1 of 3 Downloaded on : Sat Dec 24 01:45:29 IST 2022 C/SCA/10578/2017 ORDER DATED: 06/12/2022 years from 01.05.2011 on a condition that the rules are adhered to.
2.1 It appears that the petitioner failed to file annual returns for the year 2009-2010, 2010-2011 and 2011- 2012 and notice was served on the assessment on 19.11.2014. A justification was sought as to why the registration of the assessment for non filing of the returns within the stipulated time under Sec.14(1)(d) of the F.C.R.A, 2010, be not done.
2.2 After perusal of the reply, the authorities thought it fit not to extend the registration. Several grounds have been raised in the petition challenging this action. 2.3 It is the case of the petitioner that the petitioner had entered into correspondences with the authorities on several occasions and despite this, the registration has been cancelled.
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C/SCA/10578/2017 ORDER DATED: 06/12/2022 3 Reading of the affidavit-in-reply filed by the Under Secretary to the Government of India indicates that due to non compliance of provisions of Sec.14 r/w. Sec.18 of the Act, on the Mandal failing to file annual returns, it was mandatory as provided under the provisions of the Act, the Certificate of Registration under the F.C.R.A, 2010, has been cancelled.
4 No fault can be found with the action so taken. The petition is dismissed, accordingly. Notice is discharged.
(BIREN VAISHNAV, J) BIMAL Page 3 of 3 Downloaded on : Sat Dec 24 01:45:29 IST 2022