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2023 (1) TMI 944

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....etitioners to file annual returns for FY 2019 - 2020 and FY 2020 - 2021 without providing details of the FCRA Account, SBI Main Branch, New Delhi as also to extend the last date for filing annual returns for FY 2019 - 2020 and FY 2020-21. 3. The Petitioner No.1 - WNS Cares Foundation, is a non-for profit company, which operates in the education sector. The Petitioner No. 1 was registered under Section 11(1) of the Foreign Contribution (Regulation) Act, 2010 (FCRA) for a period of 5 years vide letter 26th May, 2015 issued by the Respondent. The Petitioner No. 2 is the Director of the Petitioner No. 1. The Petitioner No.1 was governed by the FCRA and as per the extant provisions of the FCRA, the Petitioner had opened a bank account with HSBC....

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....ended Section 17. The said FCRA account was to be opened at the latest by March 31, 2021 which was extended till 30th June, 2021 by way of a notification dated 18th May, 2021. 7. The Petitioners' case is that in March, 2021, while submitting the returns for the FY 2019-20, they were confronted with an issue, inasmuch as the said Form FC-4 required a FCRA account as on 31st March of the end of financial year. The amendments having been introduced only in September, 2020, details of such a bank account could not have been sought in a retrospective manner as per the Petitioner. It is the Petitioner's case that the form could not be submitted on the Respondent's online portal without the Petitioners first identifying the designated FCRA Accoun....

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....nk Branch address (with PIN code) Phone number e-mail IFSC Code Account Number Date of account opening (1) (2) (3) (4) (5) (6) (7) State Bank of India New Delhi Main Branch 11, Sansad Marg, New Delhi-111001.     SBIN0000691     11. The language used in the said form is that the receipt of foreign contribution "as on 31st March of the year ending" has to be provided and the bank account has to be in the SBI, Sansad Marg branch. Since the Petitioner No.1 opened its account in August, 2021 and in any case, as on 31st March, 2020, the Foreign Contribution Regulation (Amendment) Act, 2020, had not come into effect, there appears to be some justification in the Petitioners' case. 12. The Petitioner No.1 h....