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of <h1>Court overturns FCRA registration rejection, orders reprocessing due to lack of evidence.</h1> <h3>Dr. R.N. Gupta Technical Educational Society Versus Union of India</h3> Dr. R.N. Gupta Technical Educational Society Versus Union of India - 2018 (359) E.L.T. 673 (Del.) Issues Involved:1. Rejection of the petitioner's request for registration under Section 12 of the Foreign Contribution (Regulation) Act, 2010 (FCRA).2. Allegation that the petitioner operates on a commercial basis for personal gains.3. Compliance with the requirements under Section 12A and Section 80G of the Income Tax Act, 1961.4. Validity and sufficiency of the Intelligence Bureau (IB) report used to reject the application.Issue-wise Detailed Analysis:1. Rejection of Registration under FCRA:The petitioner, a Society registered under the Societies Registration Act, 1860, challenged the rejection of its application for registration under Section 12 of the FCRA through communications dated 01.08.2014 and 07.12.2015. The petitioner's application was initially rejected on the grounds that the organization was allegedly functioning on a commercial basis for personal gains. The petitioner sought reconsideration, which was again denied based on a report by the Intelligence Bureau (IB).2. Allegation of Operating on a Commercial Basis for Personal Gains:The respondent's primary ground for rejecting the petitioner's application was the assertion that the petitioner was operating purely on a commercial basis for personal gains. Despite requests, the respondent failed to provide concrete evidence to support this claim. The court noted that the impugned orders were based on a 'bald report' that merely stated the colleges were run for commercial purposes without substantiating this claim with material evidence.3. Compliance with Income Tax Act Requirements:The petitioner argued that it had been established for charitable purposes, as evidenced by its registration under Section 12A and approval under Section 80G of the Income Tax Act. These registrations indicate compliance with the conditions that the income is utilized solely for charitable purposes and not for personal gains. The court acknowledged that the Income Tax Act has an elaborate scheme to ensure that only institutions genuinely engaged in charitable activities receive tax exemptions. The petitioner's compliance with these provisions was seen as indicative of its charitable nature.4. Validity and Sufficiency of the IB Report:The court examined the IB report, which was cited as the basis for rejecting the petitioner's application. The report's vague assertions without substantial evidence were deemed insufficient to justify the rejection. The court emphasized that the respondents failed to show any material evidence indicating that the petitioner was likely to use foreign contributions for personal gains or undesirable purposes.Conclusion:The court concluded that the impugned orders rejecting the petitioner's application for registration under Section 12 of the FCRA were unsustainable due to the lack of material evidence. The respondents were directed to process the petitioner's application afresh, as the sole ground for denial was found to be unsupported. Each party was ordered to bear its own costs.
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