How UDIN affects NGO Utilization Certificate?

UDIN is made compulsory from 01.02.2019 on all the Utilization Certificate of Grants.The first question comes in your mind what is this UDIN is all about? Oh God..another update or compliance? But, Do not worry. This is applicable to NGO Grant but not to be done by NGO itself. So, Let us discuss in detail what is UDIN and how its applicable to NGOs.

UDIN = Unique Document Identification Number

 

Back story of UDIN

Let us assume that, you have submitted an Audited Utilization Certificate to Funding Agency, which may be foreign funding or CSR or Government. How this Funding Agency verify the genuiness of this certificate?

So, there was no such way to verify the Certificate given by Chartered Accountant, that it is signed and certified by the Chartered Accountant or someone has faked his/her signature or whether the person is CA or not and so on. Institute of Chartered Accountants of India (ICAI), regulatory authority for CAs were getting such kind of complaints from agencies like Banks, Embassy, Income Tax, Funding Agency etc..

What is UDIN?

It is 12 digit unique identification number for every documents signed by Chartered Accountant as Certificate.

How UDIN Works?

ICAI has started a portal https://udin.icai.org . And make it mandatory for evry Chartered Accountant to get UDIN for each Certificate issued by them. ICAI has listed out 30 such kind of certificates for which UDIN is mandatory for now.

Under this list of 30, Point no 13,14,15 and 16 are specifically applicable to NGO grant. They are as under :-

  • Certificates for  funds/ Grants utilisation  for NGO’s
  • Certificates for  funds/ Grants utilisation  for Statutory Authority
  • Certificates for  funds/ Grants utilisation  Under FERA/FEMA/other Laws
  • Certificates for  funds/ Grants utilisation  Charitable trust/institution

Who is responsible?

Responsibility to generate and quote UDIN in each such certificate is with Chartered Accountant and not on NGO. However, it is advisable for NGOs to ask auditor to quote UDIN on each such utilization certificate. Also, after some times, once awareness created, funding agency will not accept UC without UDIN.

Check out this video

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Are you in the list of “Tax Exempted institutes”

As a good initiative of governance, Income Tax department has made the list public for all the institutes which are having tax exemption under various sections like 12A, 80G, 10(23c) etc..

You can search your organisation’s name in this list of exempted institutes by following method.

Step 1 : Go to this website –

https://www.incometaxindia.gov.in/Pages/utilities/exempted-institutions.aspx 

Step 2: Enter PAN number in Search Area

There are lots of fields are given for searching NGO in exemption lists, like Name, PAN, Sections, Text even as an advanced search like range, authority, dates etc.. But because the database is so huge, it is advisable to use your NGO’s PAN for searching purpose.

Step3 : Check the status

In case of any discripancies

You may get discrepancies related to your exemption status or not getting your name at all. Like I have experienced that, exemption for 12A is showing for particular organization but not for 80G.  Income Tax department has not put any button or email to contact regarding any query related to this utility or database. However, in “Contact us” page, toll free numbers are given where one can contact and raise their query.

Contact us if you have any further query.

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ADDRESS :
47/6, Bima Nagar, Opp Jhansi Statue,
Ahmedabad, Gujarat.
 
Phone - +91 79 26749976
Cell - +91 9825434411
 
email- contact@kcjmngo.com
 
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12A Registration of NGO online process

What is Sec 12A ?

Income of Organization registered as Charitable and Religious Institute under any Law of India will be exempted from Income Tax only if they get the Certificate under this section.

Sec -12A

It deals with exemption explanations.

Sec -12AA

It deals with the procedure for such exemption.

Benefits

1. Expenditure incurred for charitable or religious purpose will be allowed while computing income of the trust.
2. Accumulating or setting aside of income not exceeding 15%.
3. Generally Government Grants given to 12A registered Organisations only.
4. 12A is a pre-requisite to Apply for 80G Certificate.
5. For FCRA registration, 12A is mandatory.

Documents
Keep below documents ready before application

1. Copy of Registration Certificate.
2. Copy of Trust Deed / Society Deed/MOA.
3. Copy of PAN.
4. Copy of FCRA registration if any.
5. Copy of last 3 years Audit Reports.
6. Note on Activities.
7. List of Main Objects.
8. Copy of Documents evidencing modification of objects.
9. Copy of order of earlier rejection of 12A.

Notes :-

1. All the above copies must be self-attested by authorized person.
2. If certificate is in vernacular language, then get it translated in English and notarised it.

Procedure :-

Application need to be filled in Form No 10A by Online mode
only. Follow below steps to apply for 12A.

16 Steps for 12A Application

Step 1.Go to this website

https://www.incometaxindiaefiling.gov.in/home
Click on “Login”.

Step 2. Fill Login Details

Enter UserID = Organisation PAN.
Enter Password.
Enter Captcha .
Click “Login” .

Step 3. Go to “e-File”

Click on “Income Tax Forms”.

Step 4. Select Form Name = “Form No 10A …”

Step 5. Select Submission Mode = “Prepare and Submit Online”

Step 6. Select Jurisdiction

By default it is “CIT (Exemptions), your-city”.
If you have different jurisdiction, select accordingly.
Click “Continue”.

Step 7. Read Instructions

After that, Form 10A will be opened. Read Instructions carefully.

Step 8. Fill General Information of Form

Click on tab “Form 10A”
Fill General Information – Name, Address, Email, Mobile etc..

Step 9. Fill Trustee/Board Members Details

Step 10. Specify Objects of the Organisation

Tick appropriate objects as per your Organisation’s main objects.
Fill Point No 5,6,7 if applicable.

Step 11. Fill FCRA Detail, if applicable

Step 12. Fill Detail of Signing Authority

Name, Address, Phone, Email etc..

Step 13. Preview the Form

Download draft form in PDF and check correctness of details.

Step 14. Upload Documents

Upload scan copies of relevant documents.
Click on “Submit” button in the bottom.

Step 15. E-Verification of Form

There are three options to e-verify this form:-
1. If you have already generated EVC (E-Verification Code).
2. If you do not have EVC, click this, it will email you OTPs.
3. If you select AADHAR Option, OTP will be sent to Auhtorized person Mobile linked with AADHAR.

Step 16. Acknowledgement

After verification as above, a Transaction ID has been provided.
Note down that.
Also acknowledgement has been sent to given email address.
Take a print of it and keep it in file for future reference.

Time

Generally, within 15-30 days, a query raised by Assessing Officer asking for more documents or explanation.
If he is satisfied with all the information / documents submitted, certificate has been issued.

Consequences

Donation, Grant and any other income of Organisation is taxed as per Income Tax Slabs, if it is not registered under 12A. Thus, without 12A, Organisation is treated as commercial entity and is be taxed accordingly.

 

Contact Us

For any further query, please contact us

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ADDRESS :
47/6, Bima Nagar, Opp Jhansi Statue,
Ahmedabad, Gujarat.
 
Phone - +91 79 26749976
Cell - +91 9825434411
 
email- contact@kcjmngo.com
 
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Now DARPAN ID is optional for FCRA services

As you aware that FCRA department has made DARPAN ID compulsory for all FCRA related services since October 2017. Since then, for every service of FCRA, like filling Annual Return, Updating quarterly receipts, FC registration, renewal etc.. website prompt you to link DARPAN ID of your organisation.

However, there were lots of technical difficulties in generating DARPAN ID with darpan ngo website, although it work great in the marketing department since they use the help of the Indexer digital marketing agency for this. Those who got the DARPAN ID before 2017 could not link it with FCRA department. Also, technical queries were not answered promptly by the department.

Looking to all such difficulties, FCRA department has reconsider it and now made it OPTIONAL to quote DARPAN ID with FCRA portal. Read the full notification here. This is a welcoming step from FCRA department.

If you have already generated DARPAN ID, it is highly advisable to link it with your FCRA registration.

 

 

Date extended for FCRA Annual Return FC4

As we know, last date for filling FCRA return in Form FC4 is 31/12 i.e. after 9 months of financial year end. Thus, for FY 2017-18, last date was 31.12.2018. However, this year, FCRA department has made it compulsory to take DARPAN ID and link it with FCRA department.

But, generating DARPAN ID without any error is a huge task and even after submission to DARPAN ID portal, it takes days and months to get DARPAN ID.

Looking to all this difficulties and representation made by many organizations, it is decided by FCRA department to extend FCRA Annual Return date from 31.12.2018 to 31.03.2019

Read full notification here :

fc_notice_29122018

 

FCRA registration suspended for another 156 NGO

Central Government vide notice dated 21.12.2017 had directed that all the persons who are either registered or having prior permission shall open their bank account in one or more banks who are linked with PFMS. Also, to change the bank account one month was given. Most of the Banks have started linking with PFMS system and many organisaations have changed their bank account, if their bank was not ready to linked with PFMS.

However, FCRA has issued notice on 6th December, identifying 156 organisation who have not change their Bank Account and still having Bank Account with Non-PFMS Banks. After show cause notice was given on 29.06.2018, FCRA department has decided to suspend their registration for 180 days.

Check the full notice :

fc_order_12102018

Is TDS applicable to NGO?

Yes, TDS is applicable to the NGOs. There is no general exemption that Trust, Society or Non Profit Organizations are exempt from deducting and paying TDS. It depends on the Financial Transactions and limits of TDS specified every year in the Financial Act. Thus if NGOs makes payments to specific persons above specific limits, needs to deduct and pay TDS within time line specified.

Look the info-graphic below regarding TDS.

Note : Above rates and limits are for FY 2018-19

Rotation of Board Members in NGO

Do your organization have “Board Rotation Policy” ? Many funding agency and corporate asking this question before giving funds. It sounds irrelevant, but it is not. Every donor wants 100% utilization of single rupee, he donates to you. And every donor wants that an NGO should have highly effective governance. Today let us discuss this issue of rotation of board members or trustees in NGO from various view points, get your pregnancy pillow and get comfortable.

Is it Mandatory?

First and obvious question is about its legal implications. As, there are various acts in india under which an organization can be registered, there is no such specific rule regarding board member rotation and about timing. However, this issue is mostly addressed in the Trust Deed or Memorandum of NGO. If there is a clause in your Memorandum or Trust Deed regarding change or rotation of Board Members, you must follow it strictly.

Of-course, it is beneficial

It is not mandatory to rotate board members of NGO, but the benefits of such policy are very obvious that one should follow this practice. First and foremost, it shows good governance prevail in your NGOs, if you have rotation policy at regular interval. Second, it gives impression that, your NGO is having separate identity than only one or two individual founder members. It gives NGO more life span, when second generation leaders are trained this way.

Rotation or Change?

Depends upon the scenario and what mentioned in Trust Deed. However, only changing designation of same persons over years will definitely gives sense to Donor about just implementing policy on paper and not in true senses. Thus, it is better to have a proper policy for mixture of both rotation and change.

What is best “Board Rotation Policy”

The best policy is one which include robust period for the person to be in the board of the trust. Good boards should always have agreed terms of office so that there is a regular turnover of trustees and boards remain vibrant. Two terms of three years with a review at the end of the first term is fairly typical. NGOs should adopt this as best practice.

Let the world knows – Disclouser

Once you have a policy for board rotation in your NGO, it is best practice to put the same in your Annual Return under some Compliance or Good Practice page.

Hope this will help you in your NGO, if you have any question,  you can ask here or chat with us. Also your comments are welcome on the above subjects.

 

Final Part – How to get Income Tax Refund of NGO Quickly

Before moving into final part of blog on the series of “How to get Income Tax Refund of NGO quickly ?” , lets revise earlier procedures. First of all you need to check refund status and find out for which year/years refunds are pending. (Click here to know procedure for refund status). Then, check whether your refund/return has been processed properly or not. This is very important step. (Click here to check intimation u/s. 143(1)) 

Final procedure to get Income Tax Refund of NGO quickly

So, once you checked that refund you claimed in the return and processed is same, you can submit request for re-issue of Refund. Follow following steps :-

Step 1 : Login to Income Tax Websitehttps://www.incometaxindiaefiling.gov.in/home


Step 2 : Go to “My Account” -> “Service Request”


Step 3 : Click on “New Reuest” -> “Refund Reissue” and click “Submit” button.


Step 4 : Select the year for which you need to re-issue refund.

Step 5 : Fill the Correct Bank details

Hopefully, you will get the refund amount in the bank account you have given within 15 to 20 days. If you want to know more about this or other technologies, follow the Tech News from TechSmash.net. Hope this will be helpful to your organization. If you have any query or any other problem, write in the comment section of this blog or email to us.

How to get Income Tax Refund of NGO? – Part2

We have already seen in last blog that, how to check status of refund of your NGO for years.

How to get Income Tax Refund of NGO quickly?

Once, you list out which years Income Tax Refund of NGO not received, we need to find out the reasons for the holding of such refunds. There are reasons behind holding you return, some of them mentioned below –

  1. Mismatch of Bank Details given in return
  2. Case transferred to AO for scrutiny
  3. Refund is adjusted against demand of Assessment Year or Years
  4. Errors in Income Tax Return
  5. Mismatch of TDS claimed in Return with 26AS

Intimation U/s 143(1)

To follow up for refund, one of the important document is “Intimation u/s. 143(1)”. After processing Income Tax Return of your NGO, department generally informed you about this in the form called “Intimation u/s. 143(1)” . This document is emailed to email addressed you mentioned in the ITR. This is important to find out how your Return is processed and what errors are generated and why refund is pending. It looks like this.

There is basically comparison between what you have filled in your ITR and how it is processed at IT department. There has to be same figures for both the columns. What is important is point no 49, which states REFUND. See below :-

If this two figures are same (Department column may be more because of Interest), It means your Income Tax Return is processed properly.  If you have not received to your address, you can even request to send it again.

Request for re-issue of 143(1) Intimation

This is how you can request for re-issue of intimation of particular years.

Step – 1 : Go to https://www.incometaxindiaefiling.gov.in/home

Step -2 : Login with your password

Step -3 : In “My Account” click on “Service Request”

Step -4 : Now select “Request Type” – New Request and “Request Category” – Intimation 143(1)

Step -5 : Click Submit, then enter as below:

Return Type – Income Tax

Assessment Year – As per your excel

Category – Intimation U/s. 143(1)

Sub Category – Resend by Email

Step -6 : Click Submit. Within 2 to 10 days, you will receive an email form Income tax department with attached 143(1) Intimation.

 

So, once you compare all the years Income Tax Refund, which are pending, with 143(1) intimation, you need to now request for re-issue of Refund.

Coming Soon – Part 3 How to request for re-issue of Refund of NGO