Updating of SBI Bank Accounts on FCRA website

Updating of Bank Accounts on FCRA website:

• FCRA Dept has now issued yet another notification ‎see a link  ‎stating that all NGOs must ensure that their latest Designated and Utilisation ‎accounts should be updated on the FCRA website. ‎
• They have also published names of 2025 NGOs who they consider need to ‎update these details. The time given is 15 days. Following details of the bank ‎accounts should be updated. Please visit the link ‎ for the list of ‎organizations that need to update their bank account.‎

• Name of the Bank
• Branch Code
• Account No.‎
• IFSC Code, etc.‎

• Details have to be filled up online through Form FC6.‎
  • It may be a good idea, that all NGOs should check whether they are on this list, ‎if yes, update immediately. Even if not, suggest that ask your Accounts Dept. to ‎verify if all the accounts are updated with all the required details.
  • In case there ‎are any gaps, say some utilization account details have not been given, it is a ‎good opportunity to update the same. ‎
  • It seems the purpose of this is to enable Banks to provide feedback within 48 ‎hours to MHA on the movement of funds in FCRA accounts

Foreign Contributions must be credited back to their FCRA Utilisation A/c

• Ministry of Home Affairs has directed that any interest earned on fixed deposits or profits from investments made by Non-governmental organization using foreign contributions must be credited back to their FCRA Utilisation A/c. These foreign contributions funds are prohibited from being transferred to any other bank A/c, ensuring compliance with Foreign Contribution Regulation Act. This guideline reinforces required for proper handling of foreign contributions by Non-governmental organization to prevent misuse & ensure transparency.

Can’t Penalize Citizen For Discrepancy in Form Prescribed By Govt

• Even in the situation of a law-abiding individual, the Delhi High Court recently held that a citizen cannot be penalized for a discrepancy in the form specified by government officials, resulting in the form being unable to be submitted.
• Council on behalf of the petitioner Ms. Srishti Agnihotri contends that this has resulted in a peculiar situation in which, despite the fact that the deadline for filing the return for the year 2019-2020 is March 31, 2020,
• In response to the Court’s question about how to resolve this scenario, Mr. Farman Ali, Counsel for the respondent, requests a brief adjournment so that he can acquire detailed instructions on this issue. He contends, however, that no stay should be issued because the petitioners can file their return even beyond June 30, 2021,
• if they pay the proper penalty. “Citizens cannot be penalized for a discrepancy in the form prescribed by the respondent that has resulted in the form being unable to be submitted even in the instance of a law-abiding citizen,” the single bench of Justice C.Hari Shankar stated.

FCRA

• The requirement for an account under the FCRA/FCR Rules in the SBI New Delhi was only introduced in September 2020, and Bank was only notified on October 7, 2020. According to the petition, there was no necessity that the FCR account is in SBI prior to that.
• A law-abiding citizen’s case. The appeal of Arbor Charitable Foundation and others who are recipients of foreign contributions in accordance with the protocol laid down in the Foreign Contribution Regulation Act, 2010, FCRA was heard by Justice C. Hari Shankar’s bench.
• The case arises from irregularities in the FC-4 Form, which requires beneficiaries to file returns on contributions received under the FCRA
• Delhi High Court on Annual Returns/FC-4 Form held that “Can’t Penalize Citizen For Discrepancy in Form Prescribed By Govt “
• “Citizens cannot be punished for a mistake in the form prescribed by the respondent that has resulted in the form being unable to be submitted even in the instance of a law-abiding citizen,” the single bench of Justice C.Hari Shankar stated.
• The court ordered the respondent authorities to refrain from taking any coercive action against the petitioner until the next date of hearing for failure to file the required return under the FC-4 Form by June 30, 2021.

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