Income Tax Appellate Tribunal dismisses Congress appeal against Rs 199 crore tax assessment
Late return filing and violations of cash donation limits were among the main grounds due to which the ITAT rejected the party's claim for tax exemption.
'The assessee's return filed on 02.02.2019 is not within the 'due' date to make it eligible for the impugned exemption,' ruled the coram on July 21.
The INC had filed its income tax return on February 2, 2019 – over a month after the extended due date of December 31, 2018, prescribed under the IT Act. It had declared income after claiming an exemption of Rs. 199.15 crores.
Another issue that the ITAT looked at was a violation of cash donation limits. According to scrutiny proceedings, the party had received ₹14.49 lakh in cash donations exceeding ₹2,000 from various individuals. Donations above ₹ 2,000 can only be received through banking channels like account payee cheques or electronic transfers as per the Finance Act, 2017.
'As per section 13A(d) of the Act, donation in excess of ₹2,000/- is mandatorily be received through a/c payee cheque/draft or through electronic mode and therefore donation in excess of ₹2,000/- received in cash violates provisions of clause (d) of first proviso to section 13A of the Act,' the ITAT order stated.
The Congress tried to find respite in Section 139(4) of the IT Act which states that if an individual misses the ITR filing deadline, they can still file a belated return, subject to penalties. The ITAT, however, denied it relief.
'…it is manifestly clear that the legislature has incorporated the statutory expression therein as 'within the time allowed under that section' i.e. section 139(1) as well as u/s 139(4)…we thus reject the assessee's instant first and foremost substantive grievance in very terms and decide the above first question framed between the parties; in the department's favour,' the tribunal ruled.
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