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56 questions

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Can an individual or private institution give a donation?

Generally yes, if genuine, lawful and within the company’s objects. Obtain a purpose letter, source evidence, Board approval and an accounting/tax review. Do not offer shares, repayment or services while calling the receipt a donation.

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Is a donation automatically income-tax exempt?

No. Identify the relevant tax period, head of income, charging provision and any evidenced exception. CSR, capital-grant or donation labels do not decide tax treatment.

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Can a Farmer Producer Company Limited directly register as a CSR implementing agency?

Ordinary Chapter XXIA status does not fall within the implementing-agency categories merely because the company works for farmers. Test Rule 4 eligibility before CSR-1. A beneficiary or vendor arrangement has a different role and cannot be used to disguise ineligible implementation.

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Can the company be a beneficiary of CSR support?

Potentially yes. The donor or eligible agency must implement a genuine Schedule VII project with defined farmer outcomes. Confirm beneficiary eligibility, spending controls and Rule 7(4) for assets. There is no automatic entitlement to a cash grant.

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Is every restricted grant payment for a service?

No. Restriction to an approved charitable or development purpose is not by itself reciprocal consideration. Examine deliverables, beneficiaries, enforceable obligations and supplies. Document why the amount is a contribution, grant, advance or service consideration.

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What if the donor wants the money back later?

A fixed repayment promise suggests financing rather than a gift. A conditional refund for misuse can instead be part of a grant. Review borrowing, deposit and company-law rules before accepting repayable funds; a grant agreement cannot bypass them.

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Can we accept support for any socially useful activity?

Check section 378B and the company’s actual Memorandum. A useful social purpose alone does not establish corporate authority. Address any required object amendment or approval before undertaking the activity.

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Is a Board resolution sufficient?

It is an important internal approval, but does not replace member approval where needed, contractual authority, tax review, CSR eligibility, licence conditions or FCRA permission. Record all conditions precedent and the officer responsible for meeting them.

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Can a director or member donate?

A genuine contribution is possible subject to source, purpose, approval and tax review. Keep it separate from share capital, member loans, produce-payments and dues. Disclose interests; a donation does not create extra votes or repayment rights.

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Can we accept anonymous or cash donations?

Do not establish anonymous cash collection as a routine funding model. Trace the donor and source and review applicable cash-receipt restrictions and tax implications for the relevant period. A later deposit into the bank does not cure an unlawful cash receipt.

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What should an ordinary receipt contain?

Company name, CIN, address, receipt number, date, donor, amount or asset description, payment reference, purpose and authorised acknowledgement. State that it is not an 80G certificate where applicable. Avoid an unconditional tax-deduction promise.

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Can the donor claim an 80G deduction?

An ordinary Farmer Producer Company Limited should not promise one or issue an 80G certificate without lawful approval and eligibility. The donor’s tax treatment is a separate question; CSR qualification does not automatically establish a deduction.

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Is a separate bank account mandatory?

Not for every domestic contribution simply because it is called a grant. The sanction, agreement, scheme or specific law may require one. Always maintain an identifiable project ledger; a dedicated account can improve control for a material restricted project.

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Can support be distributed directly to members?

Only where it is an authorised, properly designed project benefit with transparent eligibility, donor permission and tax review. Do not turn restricted funds into dividends or selectively pay directors. Keep beneficiary approvals and payment evidence.

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Is only the amount above ₹50,000 taxable?

Where the money-without-consideration rule applies and the aggregate crosses ₹50,000, the whole qualifying amount can be taxable, not merely the excess. First check the applicable period, exceptions and head of income. Splitting donors or instalments does not avoid aggregation.

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Does a director’s relative count as the company’s relative?

Do not use the individual-relative exception for a company merely because the donor is related to a director. The statutory definition and recipient category govern. Obtain a company-specific tax analysis.

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Is a grant from a registered charitable organisation always exempt?

No blanket conclusion follows. The relevant statutory exception, the organisation’s valid status and related-person exclusions require review. Even if one gift provision is excluded, another income provision or the donor’s own restrictions may still matter.

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Can we put the receipt in capital reserve to avoid tax?

No. A journal label does not determine tax. Establish the permitted accounting treatment and separately examine charging provisions, exemptions and any adjustment to the tax cost of assets.

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Are all earnings agricultural income because the members are farmers?

No. Trading, processing and training receipts need their own analysis. The members’ occupation does not make every receipt of the company exempt agricultural income.

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Does a CIN or CSR portal account establish agency eligibility?

No. Incorporation identification, portal access, CSR-1 registration and project sanction are different things. Eligibility comes from the Rules and supporting facts, not a portal account.

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Must a beneficiary have CSR-1?

Being only a beneficiary does not by itself mean the company must become a CSR implementing agency. If it actually implements the project as an agency, Rule 4 applies. Document the real division of responsibilities.

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Can the CSR company implement the project itself?

Yes, subject to section 135, Schedule VII and the CSR Rules. It remains responsible for approvals, delivery and utilisation monitoring. Suppliers can be engaged for genuine scoped work; the structure must not disguise an ineligible implementing agency.

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Can we act as a training vendor in a CSR project?

Potentially yes under a genuine service contract specifying sessions, price, deliverables and reporting. Review supply and tax obligations. Vendor status does not entitle the company to accept unrestricted project funds as an implementing agency.

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Can an eligible NGO simply pass CSR money to us?

Not as an automatic workaround. The NGO must perform its lawful implementation role and control the qualifying project. Beneficiary transfers, asset provision and genuine procurement need documented bases. A pass-through arrangement can fail the Rules.

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Can CSR pay ordinary trading working capital or dividends?

An unrestricted commercial working-capital transfer or dividend funding does not establish an eligible CSR project. Assess the actual farmer-development intervention and permitted project costs. Do not present normal profit distribution as livelihood support.

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Can a project pay trainers, staff and travel?

Such costs can be legitimate if necessary, reasonable, budgeted and eligible under the project and Rules. Identify direct project costs versus the donor’s administrative overheads correctly. Obtain records of work, invoices or payroll and payment evidence.

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Can only members benefit?

Membership does not automatically disqualify a project, but the beneficiary group and selection must fit its public-purpose objectives and conditions. Avoid insider preference. Document why the selected farmers are the intended eligible beneficiaries and how access is fair.

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Can we prioritise women farmers without land in their names?

Design evidence of genuine agricultural activity and project need rather than assuming land title is the only test. Project-beneficiary criteria and legal membership criteria are separate: review the Articles, producer eligibility and any scheme-specific requirements before admission or support.

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Can a CSR-funded machine be owned by the company?

Potentially under Rule 7(4)’s beneficiary-entity route, when the company genuinely represents project beneficiaries. Agree ownership, common access, location, maintenance and disposal conditions before purchase. It is not an unrestricted gift to the directors.

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Can we charge farmers to use the machine?

A documented user-charge model may support maintenance, subject to project terms and lawful treatment of receipts or surplus. Obtain donor agreement, fair access terms and a tax review. Do not assume the receipts may be freely distributed.

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Can a CSR-funded asset be mortgaged, moved or sold?

Check title, Rule 7(4), grant restrictions and project purpose. Obtain the required written approvals before committing. A lender’s willingness to accept security does not remove donor restrictions or establish the company’s right to pledge it.

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What if the machine is installed on a director’s land?

Document the interest and approval requirements and secure enforceable tenure, access and asset-removal rights. Define insurance and maintenance. Avoid a project whose effective private benefit or fragile access undermines the intended farmer use.

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Can we combine a government subsidy and CSR contribution?

Only if both arrangements allow the proposed convergence. Disclose the funding sources, allocate costs clearly and obtain written clarification where needed. Never claim the same cost twice as fully financed.

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Can pre-sanction expenditure be reimbursed?

Only if the scheme or funder allows it. Preserve purchase and payment dates and obtain written eligibility confirmation. A later approval does not automatically make earlier spending eligible.

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Can we change the budget after receiving funds?

Use any flexibility expressly provided in the agreement; otherwise seek approval before changing costs or outputs. Keep a versioned budget and approval trail. Do not retrospectively alter the original budget to hide an overrun.

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Does a genuine donation need a GST invoice?

Normally an acknowledgement is appropriate if no supply or other charging issue arises. If the arrangement is consideration for a taxable supply, follow invoicing requirements. Receipt of money alone does not settle which document is required.

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Does displaying the donor logo create GST?

Not automatically in every circumstance. Examine whether there are advertising, sponsorship or promotion obligations. The individual-donor acknowledgement circular has a limited scope; do not extend it mechanically to corporate arrangements.

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Is training free from GST because farmers pay nothing?

Not necessarily. A donor’s payment can be third-party consideration for training supplied to farmers. Check the contract, applicable exemptions, registration, classification and place of supply before pricing or invoicing.

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Are reimbursements outside GST?

No automatic exclusion exists just because a bill says reimbursement. Review the contractual supply and value; pure-agent exclusion requires its specific conditions. Keep proof of whose expense it is and who receives the underlying supply.

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Is every payment from government a subsidy?

No. Government may procure services or goods. Identify whether it is a statutory subsidy, grant, reimbursement or purchase consideration; their GST treatment can differ.

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Can the company claim GST credit on donated equipment?

Review the invoice recipient, ownership and receipt of supply, business use, taxable versus exempt activities, and credit restrictions. The company cannot simply claim tax appearing on an invoice issued to someone else. Donor and beneficiary positions are separate.

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Does AS 12 apply to a private CSR grant?

Not automatically. AS 12 concerns government grants. Establish the company’s applicable AS/Ind AS framework and a justified policy for the particular private grant, including conditions and repayment obligations.

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Is a sanction letter enough to recognise income?

No automatic recognition follows. Evaluate the applicable recognition criteria, conditions, reasonable assurance where relevant and collectability. An application or announcement is weaker evidence still. Keep a sanction register even if no receivable is recognised.

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Must every restricted grant remain a liability?

No. A refundable advance may initially be a liability, but recognition and release depend on the applicable framework and obligations. Do not keep earned support as a permanent liability merely to avoid income recognition or tax.

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Can we retain interest earned on the grant?

Check the agreement, scheme conditions and CSR surplus rules where applicable. Record attributable interest separately and obtain instructions for eligible use or refund. Do not treat it automatically as unrestricted profit.

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What should happen to unspent funds?

Reconcile cash, advances, payables, interest and eligible utilisation. Seek permitted extension, reallocation or refund under the agreement and law. The CSR donor’s statutory unspent obligations are separate from the recipient’s contractual rights.

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Can we issue our own utilisation certificate?

Management can prepare and sign a factual utilisation statement within its authority. If the funder requires a CA certificate or a prescribed form, obtain that separate document. Do not put a professional signature, seal or assurance claim on an unsigned worksheet.

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Do supplier advances count as expenditure utilised?

Not necessarily. Report advances separately until the relevant eligibility and delivery conditions are met. Reconcile cash spent to actual eligible costs and disclose commitments. The funding agreement may specify a particular reporting basis.

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What if a donor asks for money back after a breach?

Preserve records, stop further disputed use, review contractual rights and quantify exposure. Notify the Board and adviser, assess liability and tax/accounting adjustments, and agree a lawful settlement. Do not conceal a refund by netting it against unrelated income.

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Can two funders share one project bank account?

Only if both agreements and applicable rules permit. Maintain separate allocation and funding records, prevent duplicate claims and reconcile each funder’s balance. Use separate accounts where mandated or necessary for reliable control.

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Does payment in rupees make the contribution domestic?

No. Determine the legal donor and statutory source. Currency and the location of the remitting bank alone do not decide FCRA applicability.

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Can an overseas Indian donate?

Check citizenship, source and nature of funds under the statutory definitions and current MHA guidance. An Indian citizen abroad and a foreign citizen or OCI are not interchangeable categories. Obtain evidence before deciding whether FCRA applies.

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Can an FCRA-registered NGO pass foreign donations to us?

Do not assume so. Section 7 restricts onward transfer of foreign contribution. Obtain specialised advice on the actual arrangement; relabelling a grant as procurement does not make an otherwise prohibited transfer lawful.

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Can we accept a foreign commercial training fee?

A genuine commercial receipt may fall within a relevant statutory exclusion, but assess the actual services, payer and evidence, alongside GST, income tax and banking rules. Never relabel a foreign donation as a service fee merely to avoid FCRA.

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Can we publish beneficiary bank details or identity documents online?

No public disclosure is needed for ordinary transparency. Publish aggregate outcomes and appropriately consented stories. Share necessary verification records securely with authorised reviewers, with access and retention controls.

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Can the donor demand shares or extra voting rights?

That changes the transaction from a simple contribution. Shares require eligible membership, lawful issue and the statutory voting framework. A contribution does not create membership, and a promise of extra votes cannot override section 378D or the Articles.

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