TaxTMI 
TaxTMI 
2021 (7) TMI 903
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....ransaction of 'foreign contribution' was not transacted as per the directive of the M/o Home Affairs dated 02.01.2014 issued to the assessee under FCRA rules. 2) On the facts and in the circumstances of the case and in law, Ld. CIT(A) has erred in not appreciating the fact that foreign contribution was not between the Govt, of India and the Govt, of France, but it was between the Govt, of France and the assessee. 3) On the facts and in the circumstances of the case and in law, Ld. CIT(A) has erred in not appreciating the fact that in the case of the assessee a compulsory audit by the C & AG was not required. 4) On the facts and in circumstances of the case and in law, Ld. CIT(A) has erred in allowing the benefit of exemption u/s 11 & ....
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....red in foreign currency outside India and the Assessing Officer found from the documents submitted during the scrutiny assessment that the assessee was not notified by the CBDT u/s 11(1)(c) of the Act for the A.Y under consideration. The Assessing Officer, accordingly, made disallowance of Rs. 12.32 crores. 6. Proceeding further, the Assessing Officer noticed that the assessee has received foreign contribution from the Government of France amounting to. 18,23,738.51 euros i.e Rs. 12,68,29,706/-. The assessee claimed that the transaction is covered under Clause 51 of FCRA, 2010. This claim of the assessee was dismissed by the Assessing Officer who was of the opinion that the said clause 51 of FCRA, 2010 speaks of transactions between two go....
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....French Centre for Promotion of Advanced Research", New Delhi shall not be included in the total income of the person in receipt of such income as is applied outside India for charitable purpose which tends to promote international welfare in which India is interested to the extent as provided below: S.No Assessment Years Expenditure incurred outside India for the purpose of International welfare (in Rs.) 1) 2014-15 12,32,00,428 2) 2015-16 12,80,46,948 Total 25,12,47,376 This order shall have effect for the period covered by Assessment Years 2014-15 to 2015-16." 4.1.2 Since the order of the Board as required by the proviso to section ll(l)(c) has been issued for the amount of Rs. 12,32,00,428/- for assessment ye....
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.... justified to make the addition and accordingly the same is deleted." 4.2.2 The Hon'ble IT AT in appellant's own case for assessment year 2010-11 (supra) while deciding '.he appeal of revenue the said issue held as under: "9 A0 made disallowance of Rs. 9,45,28,000/- on the ground that since the assessee society has received foreign contribution from Government of France within the meaning of section 2(1)(j) of FCRA without filing return qua these contributions in FC-3 to Ministry of Home Affairs as per FCRA. 10. Undisputedly, the assessee society is registered under Societies Registration Act, 1860 as a joint venture of Government of India and Government of France with an object to promote scientific research in both the c....
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....lation) Act, 2010 does not attract in respect of the following transactions a) Transaction between the Govt, of India and the Govt, of any foreign country or territory - Clause 51 of FCRA 2010. b) Bodies constituted or established by or under a Central Act or a State Act requiring compulsory auditing by C&AG Notification No.S.0.1492(E) dated 1 July, 2011. In view of above, it is required to examine the subject proposal. If the foreign contribution receiving body comes within the purview of above provision. If not, then apply online in FC-4 through this Ministry's website i.e. www.mha.nic.in. Yours faithfully, Sd/- (Gopal Jha) Under Secretary to the Govt, of India" 12. Bare perusal of the letter (supra) goes to prove that whe....