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Income Tax

Strict Compliance Rule Reiterated: Section 13A Is Not Automatic Exemption

Case Law Details

TaxGuru Citation
2025 taxguru.in 13103
Case Name
Public Political Party Vs DCIT (ITAT Delhi)
Date of Judgement/Order
Only available for paid members
Related Assessment Year
2015-16
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Public Political Party Vs DCIT (ITAT Delhi)

Bogus Donations, No 13A Exemption: Delhi ITAT Taxes Political Party on 6% Commission, Section 68 Additions Set Aside

The Delhi Bench ‘C’ of the ITAT, in a batch of 8 appeals filed by  delivered a significant ruling on taxability of political parties indulging in bogus donation arrangements.

The case arose from a search u/s 132 conducted pursuant to a pan-India probe into Registered Unrecognised Political Parties (RUPPs). The AO denied exemption u/s 13A, treated donations as unexplained u/s 68, and relied on seized material, bank statements, and the treasurer’s statement u/s 132(4), alleging that the party acted merely as a conduit for routing donations back to donors after retaining commission of 5–8%.

The Tribunal upheld the denial of exemption u/s 13A, holding that the Assessee failed to comply with mandatory statutory conditions, namely:

  • Non-filing / belated filing of returns u/s 139(4B),
  • Failure to file contribution reports with the Election Commission within due dates,
  • Non-maintenance of proper & audited books of account,
  • Absence of donor identity, PAN and reconciliation with bank accounts.

Relying heavily on the Delhi HC judgment in CIT vs. Indian National Congress, the ITAT reiterated that Section 13A is a beneficial provision requiring strict compliance, and failure thereof renders voluntary contributions taxable as “Income from Other Sources” u/s 56(1).

However, the Tribunal made an important distinction and held that addition u/s 68 was not sustainable, since:

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Author Info

CA Vijayakumar Shetty
Qualification: CA in Practice
Company: Shetty & Co, Chartered Accountants, Mangalore
Location: Mangalore, Karnataka
Articles Published: 6,879

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