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Showing contexts for: fcra in Shree Swaminarayan Mandir vs Union Of India on 18 April, 2023Matching Fragments
3. The Foreign Contribution Regulation Act, 2010 (FCRA) was amended by the Foreign Contribution Regulation (Amendment) Act, 2020, under which substantial changes were brought. The same was notified with effect from 29th September, 2020. Section 17(1) of the FCRA was amended to provide as follows:
"17. (1) Every person who has been granted certificate or prior permission under section 12 shall receive foreign contribution only in an account designated as "FCRA Account" by the bank, which shall be opened by him for the purpose of remittances of foreign contribution in such branch of the State Bank of India at New Delhi, as the Central Government may, by notification, specify in this behalf."
4. Pursuant to the said amendment of the FCRA, notification was issued by the Respondent on 7th October, 2020 specifying that the State Bank of India (SBI), New Delhi Main Branch, 11, Sansad Marg, would be the branch for opening of FCRA account as per amended Section 17 of the FCRA. Correspondingly, on November 10, 2020, the FCRA Rules were also 2023:DHC:2678 amended vide Foreign Contribution (Regulation) (Amendment) Rules, 2020 such that the Form FC-4 (Annual Returns) reflected the amended Section
The issue is very narrow in nature and relates to the Form FC - 4, which is to be filed by the Petitioners. A perusal of the said form at serial no.7 requires FCRA account to be filled up in the following terms.
"7. (a) Details of "FCRA Account" for receipt of foreign contribution (As on 31st March of the year ending):
12. The Petitioner No.1 having opened its FCRA account in August, 2021 is, accordingly, permitted to fill up the said details of its FCRA account in serial no.7 of the Form FC - 4 and submit the same.
13. No coercive steps shall be taken against the Petitioners for having opened the FCRA account belatedly, inasmuch as it is the case of the Petitioners is that no foreign contribution has been received by them in the FY 2019-2020 and FY 2020-21.