Ministry of Home Affairs (MHA) vide a Public Notice dated 31.03.2022 extended the time limit or due date to furnish FCRA Annual Return in Form FC4 for the FY 2020-21 from 31.12.2021 to 30.06.2022.
This extension has come almost around three months after the expiry of the due date.
As per rule 17 of the Foreign Contribution (Regulation) Rules, 2011, (FCRR) every person who receives foreign contribution under the Foreign Contribution (Regulation) Act, 2010, (FCRA) shall submit a signed or digitally signed report in electronic form in Form FC-4 with scanned copies of income and expenditure statement, receipt and payment account and balance sheet for every financial year beginning on the 1st day of April within nine months of the closure of the financial year.
Associations that did not receive foreign contribution during a particular year are also required to furnish a "Nil" FC4 return for that financial year within the aforesaid period
This means an organisation in receipt of foreign contribution or has FCRA registration shall furnish the annual return in FCRA Form FC4 for FY 2020-21 by 31.12.2021 i.e. within the period of 9 months from the end of FY 2020-21 (March 2021). The ‘Nil’ is also required to be filed by that date i.e. 31.12.2021.
The public notice uploaded on the FCRA website states that in exercise of the powers conferred by section 50 of the Foreign Contribution (Regulation) Act, 2010, the Central Government hereby extends the time for submission/uploading of online annual returns for the year 2020-21 up to 30th June, 2022.
Non-submission or late submission of mandatory Annual Return in FC4 is a violation of FCRA 2010 and FCRR 2011 and attracts penalty as per the provisions of section 37 of the FCRA Act.
The quantum of penalty for non-submission or late submission of mandatory Annual Return in FC4 is Rs. 1,00,000 or 5% of the foreign contribution received, whichever is higher.
Associations which have not filed their annual return in Form FC-4 for FY 2020-21 within 31st December 2021 can now file their FC-4 till 30.06.2022 without paying any penalty.
It should be noted that many associations have already submitted the Form FC4 in the period between 1st January 2022 and 31st March 2022 after payment of a hefty penalty.
The Order is silent on the issues as to what will happen to those associations which have filed their Form FC-4 after 31st December 2021 with the penalty. There is no clarity provided on the subject.
Such extension of the due date for filing of returns must be issued well in advance before the expiry of the due date to circumvent any ambiguity and uncertainty.
Read the full text of the MHA Public Notice dated 31.03.2022 on Extension of Due Date for Form FC4 for FY 2020-21
No. II/21022/23(15)/2020-FCRA-III
Government of India
Ministry of Home Affairs
(Foreigners Division-FCRA Wing)
********
First Floor, Major Dhyan Chand National Stadium
India Gate Circle, New Delhi-110001
Dated: 31st March, 2022
PUBLIC NOTICE
Subject: Extension of Time for Submission/Uploading of online Annual Returns for the Year 2020-21- regarding.
As per rule 17 of the Foreign Contribution (Regulation) Rules, 2011, every person who receives foreign contribution under the Foreign Contribution (Regulation) Act, 2010, shall submit a signed or digitally signed report in electronic form in Form FC-4 with scanned copies of income and expenditure statement, receipt and payment account and balance sheet for every financial year beginning on the 1st day of April within nine months of the closure of the financial year.
2. In exercise of the powers conferred by section 50 of the Foreign Contribution (Regulation) Act, 2010, the Central Government hereby extends the time for submission/uploading of online annual returns for the year 2020-21 up to 30th June, 2022
(B.C. Joshi)
Director (FCRA)
Tele. 011-23070412
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