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Deduction for donations to unrecognized political parties was denied for lack of evidence of a direct nexus to a backdoor benefit; the revenue failed to prove the donations were bogus, so the deduction was allowed. Separate challenge to penalty was addressed on the basis that the quantum additions were deleted; as the additions underpinning the penalty no longer survive, the penalty cannot be sustained and is therefore set aside. The tribunal applied the evidentiary requirement that revenue must establish direct benefit or commission return and relied on precedent that deletion of quantum removes the basis for penalty.
Deduction for donations to unrecognized political parties was denied for lack of evidence of a direct nexus to a backdoor benefit; the revenue failed to prove the donations were bogus, so the deduction was allowed. Separate challenge to penalty was addressed on the basis that the quantum additions were deleted; as the additions underpinning the penalty no longer survive, the penalty cannot be sustained and is therefore set aside. The tribunal applied the evidentiary requirement that revenue must establish direct benefit or commission return and relied on precedent that deletion of quantum removes the basis for penalty.
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