2020 (1) TMI 1736 - AT - Income Tax

Appeal allowed for statistical purposes; Section 80GGC deduction dispute remanded for fresh AO examination

The ITAT Ahmedabad allowed the appeal for statistical purposes and remanded the issue of disallowance of deduction under section 80GGC back to the AO for ... Disallowance of deduction claimed u/s 80GGC - donations purportedly given to the political parties - assessee has claimed to have donated Rs.5 Lakhs to Rashtriya Komi Ekta Party and Rs.5 Lakhs to Rashtriya Samajwadi Party (Secular). HELD THAT:- Co-ordinate bench of the Tribunal Shri Vinodchandra Narendrarai Bhatt [2020 (1) TMI 1734 - ITAT AHMEDABAD] has remanded the issue back to the file of the AO a political party is an organized group of people meant to play crucial role in facilitating governance, policy making etc. and consequently in defining the way of life of common citizen on continued basis. It is hard to imagine that such parties registered with Election Commission and so essential to our democratic form of Government would not abide by declared law of country and would seek an escape from providing vital information on contributions received under enquiry. Such leeway to a registered political party would to be fatal and would set a bad example to the society at large. Therefore, we consider it just and equitable to restore the issue back to the file of the AO for de novo examination in accordance with law after making suitable enquiry with political parties as may be considered expedient and after providing proper opportunity to the assessee. The assessee shall be at liberty to adduce such evidence as he may think fit to substantiate the bonafides of donations made and prove eligibility of deduction u/s 80GGC of the Act. Appeal filed by the assessee is allowed for statistical purposes. ISSUES: Whether deduction under section 80GGC of the Income Tax Act, 1961 can be allowed for donations made to political parties.Whether the assessee has discharged the onus to substantiate the bonafides of donations claimed under section 80GGC.Whether non-compliance by political parties with summons issued under section 131 affects the eligibility of deduction under section 80GGC.Whether the Assessing Officer (AO) is justified in disallowing the deduction on the ground that donations are sham or money was clandestinely returned.Whether the matter requires remand for de novo examination by the AO with directions to make suitable enquiries and provide opportunity to the assessee. RULINGS / HOLDINGS: The deduction under section 80GGC is claimable only if the assessee substantiates the bonafides of the donations made to political parties.The AO's disallowance on the ground that notices under section 131 remained uncomplied with and that bank statements were incomplete is valid but not conclusive; it affects the credibility of the claim.The Tribunal held that 'a political party is an organized group of people meant to play crucial role in facilitating governance' and it is 'hard to imagine that such parties... would seek an escape from providing vital information on contributions received under enquiry.'The issue was remanded for de novo examination with directions that the AO may make 'suitable enquiry with political parties as may be considered expedient' and provide 'proper opportunity to the assessee' to adduce evidence to substantiate the bonafides of donations.The appeal was allowed for statistical purposes, effectively setting aside the disallowance subject to fresh enquiry. RATIONALE: The legal framework applied is section 80GGC of the Income Tax Act, 1961, which allows deduction for donations to political parties, subject to proof of genuine payment.Section 131 empowers the AO to summon persons and documents for enquiry; non-compliance by political parties raises suspicion on the genuineness of donations.The Tribunal emphasized the importance of political parties' compliance with law given their role in democratic governance, rejecting any 'leeway' that would allow them to evade providing information.The decision aligns with precedent requiring thorough enquiry and proper evidence before allowing deduction under section 80GGC, reflecting a doctrinal insistence on substantive proof rather than mere documentary claims.The remand and directions for fresh enquiry indicate a procedural safeguard ensuring fairness and adherence to the principle of audi alteram partem (right to be heard).