Karnataka High Court
Dre Gomang Buddhist Cultural ... vs Union Of India on 17 November, 2023
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NC: 2023:KHC-D:13354
WP No. 104302 of 2021
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 17TH DAY OF NOVEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE M.I.ARUN
WRIT PETITION NO. 104302 OF 2021 (GM-RES)
BETWEEN:
1. DRE GOMANG BUDDHIST CULTURAL ASSOCIATION,
LAMA CAMP NO.1, TIBETAN COLONY,
MUNDAGOD-581411 (NORTH KANARA DIST),
BY ITS SECRETARY MR. KUNGA LHUNDUP.
2. GAJANG KONGPO BUDDHIST CULTURAL
AND WELFARE ASSOCIATION,
LAMA CAMP NO.1, TIBETAN COLONY,
MUNDAGOD-581411 (NORTH KANARA DIST),
BY ITS AUTHORISED REPRESENTATIVE
MR. GELE GYANCHHO.
3. LOSELING ALTRUISTIC MEDICAL ASSOCIATION,
TIBETAN COLONY, MUNDAGOD-581411,
BY ITS AUTHORISED REPRESENTATIVE
MR. TENZIN DOORJEE.
GIRIJA A 4. GADEN JANGTSE NORLING COLLEGE,
BYAHATTI
LAMA CAMP NO.1, TIBETAN COLONY,
MUNDAGOD-581411 (NORTH KANARA DIST),
Digitally
signed by BY ITS AUTHORISED REPRESENTATIVE
GIRIJA A MR. GESHE JAMPHEL TSONDU.
BYAHATTI
5. DREPUNG LOSELING LIBRARY ASSOCIATION,
TIBETAN COLONY, MUNDAGOD-581411
(NORTH KANARA DIST)
BY ITS AUTHORISED REPRESENTATIVE
MR. NGAWANG NORBU.
6. GAJANG MEDICAL ASSOCIATION,
LAMA CAMP NO.1, TIBETAN COLONY,
MUNDAGOD-581411 (NORTH KANARA DIST),
BY ITS AUTHORISED REPRESENTATIVE
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WP No. 104302 of 2021
MR. JAMPA DHONDEN SHUNMU.
7. DRE GOMANG NGARI KHANGTSEN CULTURAL
SOCIETY, TIBETAN COLONY,
MUNDAGOD-581411 (NORTH KANARA DIST),
BY ITS AUTHORISED REP. LOBZANG GYALTSEN.
...PETITIONERS
(BY SRI ANOOP G. DESHPANDE, ADVOCATE)
AND:
1. GOVERNMENT OF INDIA,
MINISTRY OF HOME AFFAIRS,
FOREIGNERS DIVISION (FCRA WING),
NDCC-II BUILDING, JAI SINGH ROAD,
NEW DELHI -110001, REP BY ITS UNDER SECRETARY.
2. DIRECTOR,
GOVERNMENT OF INDIA,
MINISTRY OF HOME AFFAIRS,
FOREIGNERS DIVISION (FCRA WING),
FIRST FLOOR, MAJOR DHYAN CHAND
NATIONAL STADIUM,
INDIA GATE CIRCLE, NEW DELHI-110001,
NEW DELHI-110001.
...RESPONDENT
(BY SRI M.B. KANAVI, CGSC)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE WRIT IN THE
NATURE OF MANDAMUS OR ANY OTHER APPROPRIATE WRIT OR
ORDER OR DIRECTION TO THE RESPONDENT UNION OF INDIA TO
PERMIT THE PETITIONERS TO FILE THEIR ANNUAL FCRA RETURNS
FOR THE YEAR 2019-20 WITHOUT ANY PENALTY BY EXTENDING THE
TIME PRESCRIBED IN THE PUBLIC NOTICE BEARING NO.II/21022/23
(15)/2020-FCRA-III DATED 23.11.2020 AS PER ANNEXURE-E ISSUED
BY RESPONDENT NO.2; ISSUE CONSEQUENTIAL WRIT OF
MANDAMUS OR ANY OTHER ORDER OR WRIT DIRECTING THE
RESPONDENT UNION OF INDIA TO FACILITATE SMOOTH
FUNCTIONING OF PETITIONER SOCIETIES BY ACCORDING ALL
NECESSARY LICENSES AND PERMISSIONS.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE
COURT MADE THE FOLLOWING:
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WP No. 104302 of 2021
ORDER
The petitioners are societies registered under the provisions of Karnataka Societies Registration Act and are Non-Governmental Organizations engaged in educational and charitable activities. They have been registered under Foreign Contribution (Regulation) Act, 2010. They are getting funds from abroad. For the purposes of receiving the same, they have an account in State Bank of India, N.D., Main Branch, 11, Sansad Marg, New Delhi. As per the amendment carried out to Foreign Contribution (Regulation) Act, Rules, in the year 2020, they were required to file the returns under the said enactment before 30.06.2021. The same was required to be done online. However, due to a technical glitch, it is submitted that petitioners were not in a position to comply with the same. They have subsequently requested the respondent
- authorities to permit them to file the necessary returns. However, as the same was closed, the respondents were not permitted them to do so. It is submitted in the course of arguments, that under similar circumstances, the High -4- NC: 2023:KHC-D:13354 WP No. 104302 of 2021 Court of Delhi in W.P. No.8442/2021 has permitted filing of the returns by similarly place NGOs.
2. The learned counsel appearing for respondents fairly submits that petitioners may also be accorded one month time as in the case of W.P.(C) No.8442/2021 decided by High Court of Delhi. Hence, the following:
ORDER The petitioners are permitted to file their returns for the year 2019-20 by specifying SBI account number, as required under Section 17 of Foreign Contribution (Regulation) Act, 2010 within one month from the date of receipt of certified copy of the order. If the returns are filed within one month, then in that event, no penalty shall be levied on the petitioners for late filing.
Writ petition disposed off accordingly.
Sd/-
JUDGE RSH / Ct-mck List No.: 1 Sl No.: 9