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Delhi HC Orders Govt Not To Take Action Against NGO For Non-filing Of Annual Return

The petition also sought help from HC to restrict the income tax authorities from taking strong action against the trust and that the NGO be allowed to file its annual returns.

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The Delhi High Court (HC) has ordered the Union Government to not take any action against a charitable trust, established for the upliftment of poor and leprosy patients, for not filing its mandatory annual return under the Foreign Contribution Regulation Act because of technical difficulties on the of Ministry of Home Affairs (MHA) e-portal. 

HC Justice Rekha Palli directed the MHA and asked the ministry to respond to the petition. The matter is deferred to December 16 for further hearing. 

The HC said that, till the next date which is December 16, MHA will take no action against the NGO for inability to file an annual return for 2019-20. 

Advocates Jose Abraham and M P Srivignesh represented the trust in Court and said that the trust was unable to file an annual return because of a technical glitch in the authorities' e-portal. They asked the HC that the NGO should not be penalised for it. 

Meanwhile, Destitutes and Leprosy Patients Rehabilitation Trust, which filed the petition, also sought authorities direction to permit the trust file or upload its form FC-4 on the ministry's portal, as required under the Foreign Contribution Regulation Act (FCRA), 2010, to enable it to file its return for FY 2019-2020 after the prescribed date of June 30, 2021. 

The petition also sought help from HC to restrict the income tax authorities from taking strong action against the trust and that the NGO be allowed to file its annual returns.


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delhi high court ngo income tax department mha