Delhi High Court - Orders
Shri Swaminarayan Dwishatabdi Medical ... vs Union Of India on 3 September, 2021
Author: Rekha Palli
Bench: Rekha Palli
$~29
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 9564/2021
SHRI SWAMINARAYAN DWISHATABDI MEDICAL AND
CHARITABLE TRUST
..... Petitioner
Through Mr.Manoj Khanna with Mr.Rajat
Bhatia, Advs.
versus
UNION OF INDIA ..... Respondent
Through Mr.Chetan Sharma, ASG with
Mr.Ajay Digpaul, CGSC, Mr.Kamal R Digpaul,
Adv.
CORAM:
HON'BLE MS. JUSTICE REKHA PALLI
ORDER
% 03.09.2021
CM APPL. 29594-95/2021
1. Exemption allowed, subject to all just exceptions.
2. The notarized affidavit be filed within two weeks.
3. The applications stand disposed of.
W.P.(C) 9564/2021 & CM APPL. 29593/2021 (interim relief)
4. 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.
5. Learned counsel for the petitioner submits that the return could not be Signature Not Verified Signed By:GARIMA MADAN Location: Signing Date:04.09.2021 14:50:21 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 the same technical problem was faced by a number of other similarly placed parties. He submits that the petitioner 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 the order passed by this Court in W.P.(C)8442/2021 on 16.08.2021.
6. Issue notice. Mr.Ajay Digpaul accepts notice for the respondent.
7. Counter affidavit, if any, be filed within four weeks. Rejoinder thereto, if any, be filed within four weeks thereafter.
8. List on 16.12.2021.
9. Till the next date no coercive action be taken by the respondent against the petitioner for non filing of its return for the year 2019-20.
REKHA PALLI, J SEPTEMBER 3, 2021 sr Signature Not Verified Signed By:GARIMA MADAN Location: Signing Date:04.09.2021 14:50:21