Tax Dept issue advising on Claims Under Section 80GGC

Latest Trends in Claims Under Section 80GGC

Introduction : 

Recently, many taxpayers have received messages from the Income Tax Department advising them to review their Section 80GGC deductions for donations made to political parties.  The Income Tax Department has started sending messages to taxpayers who claimed deductions under Section 80GGC—pertaining to donations made to political parties—in their Income Tax Returns (ITR) for the past two financial years. Taxpayers are advised to verify and, if necessary, correct their claims by filing an updated return by March 31, 2025. If an incorrect claim has been made, they are encouraged to rectify it by filing an updated return. As per Section 80GGC of the Income Tax Act,  a taxpayer can claim a 100% deduction on donations made to political parties registered under Section 29A of the Representation of People Act, 1951.

Official Message Sent to Taxpayers

The message reads:

“Dear Taxpayer,
It is observed that you have claimed a deduction under section 80GGC of Rs 250,000 in your ITR for A.Y. 2023-24. It is requested that the claim may be verified and the mistake, if any, may be rectified by updating the ITR for A.Y. 2023-24 by 31.03.2025.
Warm regards,
Income Tax Department”

While the message is advisory and not accusatory, it suggests an opportunity for voluntary correction before stricter measures are implemented.

Possible Motives Behind the Notices

Scrutiny of Fake Donations : By prompting taxpayers to voluntarily update their ITRs, the department aims to recover lost tax revenue. Under Section 140B, taxpayers who voluntarily update their returns must pay an additional tax of 25% or 50%, plus interest. There is speculation that many claims, especially by salaried individuals, may not be genuine, potentially serving as a tax-saving measure.

Preventing Misuse of 80GGC Deductions in FY 2024-25 : With only two months left in FY 2023-24, this initiative may deter taxpayers from claiming dubious deductions before the fiscal year ends, setting a precedent for FY 2024-25.

Investigating Political Party Funding: By encouraging updated filings, the department might analyze patterns to identify political parties receiving suspiciously high donations, potentially using them as tax shelters. If numerous taxpayers revise their returns, it could indicate that donations were used strategically for tax evasion, prompting further investigation into these political parties.

What Should Taxpayers Do?

Precautions to Take if a Notice is Received regarding their 80GGC Claim:

If a taxpayer receives a notice regarding their 80GGC claim, By following below precautions, taxpayers can strengthen their case in case of scrutiny by tax authorities they should demonstrate the genuineness and reasonableness of the donation. and taxpayer must Maintain proper documentation, including:

• Donation receipt issued by the political party.
• Bank statements reflecting the transaction.
• Recognition certificate from the Election Commission of India confirming the party’s registration under Section 29A.
• KYC details of the political party.

Taxpayers who have legitimately donated and possess valid documentation should have no concerns. and Those who have claimed deductions without genuine donations should consider voluntarily updating their ITRs. While this may lead to additional tax payments, it could prevent further scrutiny or audits.

Recent Case Laws on Section 80GGC

Lack of Explanation on Relationship with Political Party

The ITAT disallowed the deduction, as the taxpayer failed to explain how he connected with the political party to which he donated 50% of his income. The party in question was not actively engaged in elections at the regional or national level. The taxpayer did not provide a satisfactory response to the assessing officer’s queries regarding the genuineness of the donation. The claim was disallowed due to doubts about the legitimacy of the contribution. (Case: Jayeshkumar Gopalbhai Akbari vs. DCIT [[2024] 162 taxmann 395 (Surat-Trib.)])

No Obligation on Donors to Verify Fund Utilization

The ITAT Ahmedabad ruled that the Income Tax Act does not impose an obligation on donors to verify how the recipient political party utilizes the donation. As long as The donation is made through non-cash means, and  Recipient political party is duly registered, the donor is entitled to the deduction under Section 80GGC. The responsibility to monitor fund utilization lies with regulatory authorities, not the donor.  The claim was allowed as all statutory conditions were met. (Case: ACIT vs. Armee Infotech [ITA No.1778/Ahd/2016])

Political Party Engaged in Bogus Donation Transactions: 

Investigations revealed that the recipient political party was involved in a bogus donation scheme, wherein Donors issued cheques, and  The party returned cash in exchange, effectively making the donation fraudulent. The Principal Commissioner of Income Tax (PCIT) invoked Section 263, which allows revision of erroneous assessments. The claim was disallowed, and the PCIT’s revision order was upheld. (Case: Milind Pankajbhai Shroff vs. Principal Commissioner of Income Tax [ITA No.93/RJ T/2023] )