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Tribunal Rejects Congress’s ₹199 Crore Donation Exemption Claim

The ITAT concluded that filing returns after the December 31, 2018, deadline disqualifies parties from claiming Section 13A exemptions.

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Overview

  • Congress’s appeal against a ₹199.15 crore income tax demand for AY 2018-19 was dismissed by a two-member ITAT bench on July 21, 2025.
  • The party filed its return on February 2, 2019, missing the extended December 31, 2018 deadline under Section 139(4B) and losing exemption eligibility.
  • The tribunal found ₹14.49 lakh in cash donations exceeded the ₹2,000 per-donor limit, violating Section 13A(d) and nullifying the exemption.
  • This ruling finalizes a dispute that began with a July 2021 assessment order, was upheld by the CIT(A) in March 2023, and followed a 2024 interim relief refusal.
  • The decision affirms that political parties cannot use the belated filing provision under Section 139(4), unlike charitable trusts under Section 12A.