Banking Trail Fails To Save Political Donation Proved Fake By Search Findings And Investigation

By | October 16, 2026
Banking Trail Fails To Save Political Donation Proved Fake By Search Findings And Investigation

Issue

Whether banking channel transactions and receipts suffice to claim Section 80GGC political donation deduction when search materials and investigations prove the contribution was an accommodation entry.

Facts

  • Donation Claimed: For Assessment Year 2019-20, the assessee claimed a tax deduction under Section 80GGC for a contribution made to “Apna Desh Party”.
  • Search Findings: Information obtained during search and seizure operations revealed that several Registered Unrecognized Political Parties, including Apna Desh Party, were involved in providing bogus donation entries.
  • Reassessment Proceedings: Notice under Section 148A was issued and reassessment was initiated against the assessee.
  • Assessee’s Defense: The assessee submitted donation receipts, ledger entries, tax returns, and bank statements showing payments made through regular banking channels.
  • Investigative Proof: Investigation materials, statements recorded under Section 132(4), banking trail analysis, and field inquiries at the party’s address established that the party engaged in systematic layering of funds to issue accommodation entries.
  • Disallowance: The Assessing Officer rejected the claim and disallowed the deduction under Section 80GGC.

Decision

  • Held that mere banking channel payments and donation receipts cannot override overwhelming evidence proving the recipient political party provided accommodation entries.
  • Held that the assessee failed to establish the contribution as a genuine donation eligible for Section 80GGC deduction.
  • Decided in favor of the Revenue.

Key Takeaways

  • Substance Over Form: Banking channel transactions and paper receipts are insufficient to establish genuine political donations if underlying evidence proves an accommodation entry mechanism.
  • Evidentiary Weight of Search Material: Statements recorded under Section 132(4) alongside field verification and fund-trail analyses hold strong evidentiary value in disallowing sham tax deductions.
  • Onus of Proof: The primary onus rests on the assessee to prove the genuine nature of a political donation beyond superficial documentary compliance.
IN THE ITAT AHMEDABAD BENCH “SMC”
PragneshBhogilal Shah
v.
Income-tax Officer
Rahul Chaudhary, Judicial Member
and Gangadhar Panda, Accountant Member
IT Appeal No. 2338 (Ahd) of 2026
[Assessment year 2019-20]
SEPTEMBER  18, 2026
Vinit Shah, AR for the Appellant. Shakil Ahmed Ganie, Sr. DR for the Respondent.
ORDER
Gangadhar Panda, Accountant Member.- The captioned appeal has been filed by the assessee against the order passed by the Ld. Commissioner of Income Tax (Appeals), (hereinafter referred to as “Ld. CIT(A)”), National Faceless Appeal Centre (in short “NFAC”), Delhi dated 07.05.2026 under Section 250 of the Income Tax Act, 1961 for A.Y. 2019-20.
2. The assessee has raised the following grounds of appeal:
“Ground no.1
The Ld. CIT(A) NFAC has erred in points of law and on facts in upholding the assessment order passed by the Ld. AO on the basis of an invalid / illegal notice issued u/s 148 on the basis of an approval u/s 151 given by the PCIT instead of PCCIT / CCIT. By the said assessment order, the Ld. CIT(A) has upheld the addition of Rs.3,00,000/- u/s 80GGC in respect of donation of Rs.3,00,000/- to ApnaDesh Party (statutorily registered party) made by cheque. In the facts of the case, the notice issued u/s 148 on 11/04/2023 for the A.Y. 2019-20 being beyond three asst. years from the end of the Asst. Year 2019-20 is invalid and liable to be quashed on the basis of the ratio laid down by Ahmedabad ITAT’s order in the case of VaibhavKishanlalJajoo (ITA No.1541/Ahd/2025) whereby it is held that the approval given by the PCIT instead of PCCIT / CCIT u/s 151(ii) is invalid if the approval is given for the assessment year beyond the period of three assessment years from the end of relevant assessment year i.e. A.Y. 2019-20. Prayer: The notice u/s 148 and the subsequent reassessment proceedings in the present case be held to be without jurisdiction and liable to be quashed and addition made by the Ld. AO disallowing the deduction of Rs. 3,00,000/- be deleted.
Without prejudice to above ground, the following grounds are raised.
Ground no.2
The CIT(A) NFAC has erred in points of law and on facts in completing the assessment on the basis of a notice u/s 148A(b) whichdo not contain any charge of allegation of concealment of income. The allegation in the notice is about the donation being not reflected in the books of account as well as in the return of income filed as against the same being reflected in the books of account as well as in the return of income filed. In the facts of the case, the notice issued u/s 148A(b) was bad in law in the absence of any charge of concealment of income of Rs.3,00,000/-.The order passed u/s 147 is liable to be quashed as the same being passed on the basis of an invalid notice u/s 148A(b).
Prayer: The order passed u/s 147 on the basis of an invalid notice u/s 148A(b) be quashed and disallowance made by the Ld. AO of Rs. 3,00,000/- be deleted.
Ground no.3
The Ld. AO has erred on in points of law and on facts in passing an order u/s 148A(d) observing that the appellant had not filed any reply to the notice u/s 148A(b) though reply was filed on 10/04/2023 along with the receipt of the donation, copy of the ledger account in which the donation of Rs.3,00,000/- was debited, copy of return of income for A.Y. 2019-20 in which claim of Rs.3,00,000/- was made and a copy of the bank statement in which debit of Rs.3,00,000/- was reflected. In the facts of the case, the order passed u/s 147 on the basis of an invalid order u/s 148A(d) is against the principle of natural justice.
Prayer: The order passed u/s 147 on the basis of an invalid order u/s 148A(d) be quashed and disallowance made by the Ld. AO of Rs.3,00,000/- be deleted.”
3. Ground 1 & 2: Briefly stated, the assessee filed his return of income for AY 2019-20 declaring total income of Rs.14,28,420/-. Subsequently, information was received pursuant to search and seizure proceedings conducted in the cases of certain Registered Unrecognized Political Parties (RUPPs), including Apna Desh Party, regarding alleged bogus donation entries. On the basis of such information, proceedings under section 148A were initiated. Notice under section 148A(b) was issued on 28.03.2023 and thereafter order under section 148A(d) was passed on 11.04.2023. Notice under section 148 was also issued on 11.04.2023. In the reassessment proceedings, the AO disallowed the deduction of Rs.3,00,000/-claimed by the assessee under section 80GGC in respect of donation made to Apna Desh Party and assessed the total income at Rs.17,28,420/-.
4. Before the AO, the assessee contended that the donation was made through cheque, was duly reflected in the bank statement, return of income, and was supported by a donation receipt and ledger account. The assessee also filed reply to notice under section 148A(b) on 10.04.2023. The AO, however, relying upon the search and post-search investigation relating to bogus donations to political parties, held that the donation was not genuine and that the assessee had failed to establish the genuineness of the transaction. Accordingly, the deduction claimed under section 80GGC was disallowed.
5. Aggrieved against the assessment order, the assessee filed an appeal before the CIT(A) challenged both the validity of the reassessment proceedings and the addition on merits. It was specifically contended that the notice under section 148A(b) did not properly disclose the basis of escapement of income and that the AO had incorrectly observed that the donation was not reflected in the books/return. It was further contended that although reply dated 10.04.2023 had been filed, the AO, while passing the order under section 148A(d), recorded that no reply had been filed. The assessee also challenged the approval under section 151 on the ground that the notice under section 148 was issued beyond three years from the end of A.Y. 2019-20 and the approval was granted by the PCIT instead of the PCCIT / CCIT.
6. The Ld. CIT(A), however, rejected the contentions of the assessee. As regards the validity of reassessment, the Ld. CIT(A) held that the notice under section 148A(b) sufficiently communicated the information regarding the donation of Rs.3,00,000/- and the assessee was afforded an opportunity of being heard. The Ld. CIT(A) further held that the discrepancy in the order under section 148A(d), wherein it was stated that no reply had been filed despite the approval note recording receipt of reply dated 10.04.2023, was merely an inadvertent clerical/ drafting error and did not invalidate the proceedings. On merits, the Ld. CIT(A) upheld the disallowance by observing that the search and investigation had established the modus operandi of providing bogus donation entries and that payment through banking channel and possession of donation receipt by themselves could not establish genuineness of the donation. Accordingly, the appeal of the assessee was dismissed.
7. The assessee is in appeal before us against the order passed by CIT(Appeals) dismissing the appeal of the assessee.
8. Before us, the Ld. Counsel for the assessee primarily assailed the validity of the reassessment proceedings. It was submitted that A.Y. 2019-20 is the year under consideration and the notice under section 148 was issued on 11.04.2023, i.e. beyond three years from the end of the relevant assessment year. Therefore, approval under section 151(ii) was required from Pr. CCIT i.e. the specified authority as contemplated therein. However, the approval in the present case was granted by the PCIT. The assessee has placed reliance upon the decision of the Ahmedabad Bench of the Tribunal in the case of Vaibhav Kishanlal Jajoo v. Dy. CIT [IT Appeal No. 1541 (Ahd.) of 2025, dated 25-11-2025], wherein, on similar facts, the Tribunal held that approval granted by the PCIT, instead of the PCCIT/CCIT, for reopening beyond three years was not valid approval under section 151(ii) of the Act.
9. The Ld. Departmental Representative relied upon the orders of the lower authorities.
10. We have heard the rival contentions and perused the material available on record. The undisputed facts are that the assessment year involved is A.Y. 2019-20 and the notice under section 148 was issued on 11.04.2023. However, the point of dispute is whether the notice u/s 148 has been issued within three years or beyond three years as per the provision of sec. 151 of the Act. In order to appreciate the notice period, the chronology of reopening proceedings is broken down as under:
Events under reopening proceedings Date Remarks
148A(b) Show Cause Notice 28.03.2023 Reopening for AY 2019-20
Time given to the assessee for reply 10.04.2023 12 Days of time given to reply to notice
Assessee’s reply received by AO 10.04.2023 As per proviso, the limitation period to be computed excluding this 12 days ‘notice-reply period.
Order u/s 148A(d) 11.04.2023 –
Time limit for reopening notice u/s 149(1)(a) as per Tinance Act, 2023 w.e.f 01.04.2023 i.e. reopening for cases within 3 years or less with approval of PCIT 31.03.2023 If exclusion period given in proviso not considered.
12.04.2023 As per proviso, 12 days ‘notice period to excluded ,to determine end of 3 years from AY 2019-20 i.e 12 days more after 31.03.2023
Approval u/s 151 by specified authority 11.04.2023 Approval granted by PCIT u/s 151(i), as within 3 years or less, read with proviso.
Notice u/s 148 11.04.2023 Issued within 3 years, excluding period as per proviso.

 

From the above table, it is seen that the notice u/s 148 has been served on 11.04.2023 i.e. within three years from the end of relevant assessment year, after taking into account the exclusion period given in the proviso to sec 149(1) of the Act. Therefore, the specified authority to grant issuance of reopening notice u/s 151(i) is PCIT and thus there no irregularity in term of provisions of Finance Act, 2023, w.e.f. 01.04.2023. Accordingly, the grounds taken by the assessee for lack of jurisdiction on the part of AO to issue a notice u/s 148 is misplaced, and the case laws relied by the assessee is on a different set of facts and not applicable in this case. Accordingly, the Ground-1 & 2 are dismissed.
11. Ground 3: The appellant has contended that the addition of Rs.3,00,000/- was made by AO without furnishing the alleged incriminating material or direct evidence that the donation was returned in cash. Also, the appellant contended that the order of the AO is erroneous as the assessment was concluded without considering his reply along with supporting evidences. On the other hand, Ld. CIT(A) based its findings on the facts revealed upon search and post-search investigation that Apna Desh Party was engaged in providing accommodation entries through bogus donations and returning the amounts after deduction of commission. The appellant has merely relied upon the donation receipt and banking transaction, which do not by themselves establish the genuineness of the claim. The appellant has failed to rebut the adverse material or establish that the donation was genuine and eligible for deduction under section 80GGC. Accordingly, the disallowance of Rs.3,00,000/ – made by AO is upheld by Ld. CIT (A).
12. We have carefully gone through the submissions on merit made by the appellant and also the Ld. DR alongwith the documents on record. It is noticed that the identical issue was considered by Co-ordinate Bench of this Tribunal in the case of Saurabh Pravinbhai Patel and Brijesh Pravinbhai Patel AOP v. Assessment Unit, Income Tax Department [IT Appeal No. 1017 (Ahd) of 2023,dated 30-4-2025] on donation made to political parties u/s. 80GGC of the Act wherein it was held as follows:
“4. Aggrieved against the assessment order, assessee filed an appeal before Ld. CIT(A). After considering the Tribunal’s decision, confirmed the disallowance made by the Assessing Officer by observing as follows:

“While adjudicating the instant case by the undersigned, the eye-opening facts came in notice in the case of Pavan Anil Bakeri v. Deputy Commissioner of Income-tax adjudicated by the Hon’ble ITAT, Ahmedabad Bench which changed the course of the case to a whole new direction In the above case the Hon’ble ITAT held that where assessee made donation to a political party and claimed deduction under section 80GGC, since Assessing Officer found that bank accounts of above political party had been used by accommodation entry provider where donation received by cheques were layered though various bank accounts and ultimately cash was returned back, donation claimed under section 80GGC was merely accommodation entry and thus, disallowance of deduction under section 80GGC was proper. The sequence of events in the above case are “The assessee paid donation of Rs 52,00,000/- to RashtriyaSamajwadi Party (Secular) To verify the genuineness and utilization purpose of the donation, a notice u/s 133(6) was issued on 510-2018 to RashtriyaSamajwadi Party (RSP) There was no representation from RSP. Therefore another opportunity was granted vide letter dated 16-10-2018. Again there was no response from RSP. Therefore a summon u/s 131(1) of the Act was issued to Shri S.N. Chaturvedi, National President, RSP to attend the office on 19-11-2018 to produce the requisite the donation details. No one attended the office of the said date of hearing.

2.1. RSP is a political party registered with Election Commission of India. The Assessing Officer called for the bank details of RSP with Oriental Bank of Commerce, New Naroda Branch. From the perusal of the bank statement, it was observed there was a credit entry of Rs. 52,00,000/-on 07-10-2015 which is donation given by the assessee and there was two debit entries amounting to Rs. 27,00,000/- and Rs 25,00,000/- respectively on the same day. On further enquiry from the Oriental Bank of Commerce the amount of Rs. 27,00,000/- credited to Sterlite Inc and Rs 25,00,000/-credited to Shah And Co. on 7-10-2015.

2.2. On examination of the RSP bank statement, it was found that it is a general practice of crediting huge cash and subsequently transferring to another party on same day. Further analysis of the transaction particulars reveals that the cash was transferred to mainly four parties namely Guru Enterprise, Unique Trading, Mahavaisnavi and KK Indersriz. It was also observed that no cash withdrawal for expenses like rent, electricity, water, newspaper, fuel etc of RSP and is not reflecting in the bank account. There is an Inspector of Income-tax was deputed to visit the premises of RSP at UG-8. Harekrishna Complex, C.TM Char Rasta, Amraiwadi, Ahmedabad-380026 on 15-11-2018.

The Inspector submitted his report that RSP office situated on 2nd Floor of 3 storey building which is a small shop and shutter of which was half closed on that day. Nearby peoples were inquired that RSP Office which is found to be closed in most of the times. Copy of the said RSP Office photographs is reproduced in the assessment order. Further perusal of the records of RSP it is observed that during the assessment year 2016-17, RSP has received only donation amounting to Rs. 14,73,309/- whereas as per the bank account statement of the RSP in Oriental Bank of Commerce, total amount credited is Rs. 38,15,03,885/- That apart from RSP is maintaining two other bank account one at Bank of India and another of Central Bank of India. Further enquiry of Mis. SterliteInc and Shah And Co both the accounts were closed on 30-3-2016. An enquiry by the Bank both the proprietorship firms, where there is no stocks found and the office premises were being occupied by another person.

2.3 On further verification the donation amount of Rs. 52,00,000/-paid by the assessee to RSP was transferred to Waheguru Enterprise and Sapan Traders on 7-10-2015 of Rs. 25,00 000/-and Rs. 27,00,000/-respectively. This systematic pattern of transferring the funds credited by RSP clearly establishes the modus operandi of the account opening i.e. to route or transfer the funds of RSP back to the donator. Thus the assessee gave Rs. 52,00,000/- to RSP in the form of donation which was transferred to accounts of Shri Mukesh Mehta who claimed to be a businessman. Again the said amount was transferred to Sapan Traders and Waheguru Enterprise. Thus the donation claimed to be paid by the assesse is found to be bogus and the same is disallowed u/s. 80GGC of the Act and added back to the total income of the assessee and also initiated penalty proceedings u/s. 271(1)(c) of the Act for concealment of income.”

On further appeal Ld. CIT (A) observed in the case “The Assessing Officer has clearly brought out facts that bank accounts of above political party have been used by the accommodation entry provider where the donation received by cheques were layered through various bank accounts and ultimately cash was returned back. I therefore, agree with the findings given by the AO that donation of Rs. 52,00,000/-claimed u/s. 80GGC is merely accommodation entry. The Honorable ITAT Ahmedabad in the case of Pavankumar M. Sanghvi v. ITO, Wd. 3(1)(2), Baroda   on the issue of accommodation entry has observed as under-

“8. As I proceed to deal with genuineness aspect, it is important to bear in mind the fact that what is genuine and what is not genuine is a matter of perception based on facts of the case vis-avis the ground realities. The facts of the case cannot be considered in isolation with the ground realities. It will, therefore, be useful to understand as to how the shell entries, which the loan creditors are alleged to be, typically function, and then compare these characteristics with the facts of the case and in the light of well settled legal principles. A shell entity is generally an entity without any significant trading, manufacturing or service activity, or with high volume low margin transactions to give it colour of a normal business entity used as a vehicle for various financial manoeuvers. A shell entity, by itself, it not an illegal entity but it is their act of abatement, of, and being part of financial manoeuvring to legitimize illicit monies and evade taxes, that takes it actions beyond what is legally permissible These entities have every semblance of a genuine business its legal ownership by persons in existence, statutory documentation as necessary for a legitimate business and a documentation trail as a legitimate transaction would normally follow. The only thing which sets its apart from a genuine business entity is lack of genuineness in its actual operations. The operations came out by these entities, are only to facilitate financial manoeuvring for the benefit of its clients, or with that predominant underlying objective, to give the colour of genuineness to these entities. These shell entities, which are routinely used to launder unaccounted monies, are a fact of life, and as much a part of the underbelly of the financial world, as many other evils. Even a layman, much less a Member of this specialized Tribunal, cannot be oblivious of these ground realities.”

In the aforesaid case, the Hon’ble ITAT bench held “As regarding ground no. 2, donation of Rs. 52,00,000/- made u/s. 80GGC, the ground is general in nature. The assessee has not produced any additional evidence in support of its claim. In fact the assessee had stated that it had cordial relationship with Mr. KamlenduTripathi Secretary of RSP and no other criteria was followed for making these donations. The Ld AO made a detailed enquiry of RSP and its Bank accounts and transfer of funds to one Shri Mukesh Mehta proprietor of two firms and he transferred it to Waheguru Enterprise and Sapan Traders, which is clearly a systematic financial maneuver to legitimate illicit moneys and evade taxes. It is appropriate to follow the Hon’ble Supreme Court judgment, wherein SLP filed by the assessee is dismissed confirming the Tribunal’s decision to come to the conclusion that the entire loan transaction was not genuine, in the case of Pavankumar M. Sanghvi v. ITO   (SC) which held as follows:

Assessee received certain sum as loan from two companies -Assessing Officer having found that said lender companies were shell entities added loan amount to income of assessee under section 68-Bank statement of lender companies revealed high transactions during day and a consistently minimal balance at end of working day-Further day when assessee was given loan there were credit entries of almost similar amounts, and balance after these transactions was a small amount Tribunal taking into account bank statements of lender companies and fact that assessee failed to produce these lenders for verification held that alleged loan transactions were not genuine -High Court by impugned order held that since Tribunal had given elaborate reasons to come to conclusion that entire loan transaction was not genuine, appeal filed before it was to be dismissed Whether Special Leave Petition against impugned order was to be dismissed.

5.2 In the absence of any evidence from the assessee, the grounds raised by the assessee are untenable and therefore the same is rejected. The findings given by the lower authorities does not require any interference and the addition is sustained.

It is pertinent to mention here that out of two political parties to whom the appellant paid total donation of Rs. 1,13,51,000/- the modus operandi of the one political party named the RashtriyaSamajwadi Party (Secular) has already been discussed in details in the preceding paragraphs of the instant order. It can be safely presumed that the modus operandi of other political party named Kisan party of India is also indulging only in providing accommodation entry as can be ascertained from various newspaper reports and enquiries which is being conducted by various institutions.

In view of the findings in the above case I am inclined to agree with the decision made by the AO during the assessment proceedings regarding the donation made was basically a bogus donation as the Political Party is indulging only in providing accommodation entry. Thus in view of the above discussion, the submission made by the appellant regarding the claim of deduction for donation of Rs. 1.13.51,000/- to be allowed is not acceptable as already discussed in detail in the preceding Paras of the instant order. Therefore, the ground of appeal stands dismissed.”

5. Aggrieved against the same, the assessee is in appeal before us raising the following Grounds of Appeal:

1. The learned National Faceless Appeal Centre has erred in law and facts by confirming the disallowance of claim for deduction under section 80GGC of the Act of Rs.1,13,51,000/- made by the learned A.O. and therefore the learned A.O. be directed to allow the same while computing total income.

2. That the appellant craves liberty to add, amend and alter any ground of appeal before the final hearing.

6. Ld. Counsel appearing for the assessee filed same set of documents filed before the Assessing Officer and reiterated its submissions. Nothing new documents or evidences filed before us to deviate from the findings of the Lower Authorities. The Ld AO has clearly brought out facts that bank accounts of above political parties have been used by the accommodation entry provider, where the donation received by cheques were layered through various bank accounts and ultimately cash was returned back. The same is not disputed by the assessee with relevant materials. Further the Ld AO made a detailed enquiry of RSP and its Bank accounts and transfer of funds to one Shri Mukesh Mehta proprietor of two firms and he transferred it to Waheguru Enterprise and Sapan Traders, which is clearly a systematic financial maneuver to legitimate illicit moneys and evade taxes. In the absence of any fresh materials in support of the assessee’s claim. The Grounds raised by the assessee is devoid of merits and liable to be dismissed.”
13. We also find that similar issue stands adjudicated by the Co-ordinate benches of this Tribunal in the cases of :-
(i) Mihir Bipinbhai Parekh v. DCIT [IT Appeal No. 1173 (Mum) of 2026, dated 12-5-2026],
(ii) Milind Pankajbhai Shroff v. Pr. CIT [IT Appeal No.93 (RJT) of 2023, dated 20-05-2024], Ritesh Sugan Jain v. ITO [IT Appeal No. 8546 (Mum) of 2025, dated 27-4-2026],
(iii) Rajen Jayantilal Merchant v. Assessment Unit, Juris. AO   (Ahmedabad – Trib.)/(ITA No. 1683/Ahd/2025)
14. For the sake of ready reference, the detailed adjudication in the case of MilindPankajbhai Shroff (supra), is reproduced as under :-
“22. Now, we shall also adjudicate the other arguments advanced by Id. DR for the revenue to the effect that “fraud vitiates everything”. In this connection, at the cost of repetition, we reiterate the findings of ld PCIT, which are as follows:
(i) RashtriyaSamajwadi Party (Secular) is a Registered Unrecognized Political Party and it is one of the 23 RUPPs covered in the RUPPs Group of Ahmedabad. This party was established on 21.10.2008 and its registered address as per its website is Samruddhi Complex, Opp- Sakar-3, Income Tax Circle, Ahmedabad. However, during pre-search enquiry, no party office is found at the aforesaid address.
(ii) The modus-operandi of this political party is that the donation is received through cheque in the bank account of the party and then routed through intermediary(ies) (which is generally shell entity(ies) controlled by either the persons running the party or by any other person) in the garb of various purchases or other payments, which are found to be bogus in nature. It is pertinent to mention here that the political party doesn’t pay any tax since it is exempt u/s 13A of the Act.
(iii) During the search proceedings, on 07.09.2022, statement on oath u/s 132(4) of the I.T. Act, was recorded of Smt. Sandhya Singh, National Party President of the RashtriyaSamajwadi Party (Secular). As evident from the declaration made on oath by Smt. Sandhya Singh that although she is national party president of the party, however, all the work related with party is being looked-after by her husband Shri Bishwajeet Singh. She was not aware about any activity of the party. Further, vide Q. No. 18 and 19, she was categorically asked regarding details of bank accounts, books of accounts, nature and quantum of the expenditures of the Rashtriya, Samajwadi Party. In reply to the same, she again stated that she is not aware of any details regarding these subjects. She stated that all these things are being handled by her husband Shri Bishwajeet Singh.
(iv) It is on record that statement of Shri Bishwajeet Singh, on oath u/s 132(4) of the I.T. Act, was recorded on 07.09.2022. During the statement proceedings, Shri Bishwajeet Singh admitted the fact that on his instance, his wife Smt. Sandhya Singh joined RSP, as president. During the statement proceedings, Shri Bishwajeet Singh revealed that the party i.e. RSP is involved in bogus donations scam across India and founder of party i.e. Shri Surya NathChaturvedi carried out bogus donations scam since inception of the party. He further stated that after deducting certain commission donations are being returned to the donors.
(v) Furthermore, Shri Bishwajeet Singh stated that these affairs are also being the handled by the Shri Ritesh Shah. Shri Bishwajit Singh submitted list of some bogus entities used for cash generation, which is reproduced by Id PCIT on page number 13 of his order.
(vi) During the post search inquiries, statement of Shri AmitkumarChaturvedi (AHLPC7736R), past president of political party was also recorded, he categorically admitted that the party was engaged in bogus donations scam.
(vii) It is relevant to refer to the fact that on verification with the website of regional Chief Electoral Officer where the party is registered i.e. CEO, Gujarat State, it has been found that RashtriyaSamajwadi Party (Secular) has not filed any contribution report, since F.Y. 2013-14 onward.
(viii) The party been claiming wrong and invalid exemption, over the years under section 13A of the I.T. Act but it has also been, mentioning in its Income Tax Return of F.Y. 2018-19 that no contribution report has been filed u/s 29C of the R.P. Act, 1951.
(ix) RashtriyaSamajwadi Party (Secular) is not registered, as of today, as informed by Id Counsel for the assessee, with Election Commission of India/R.P. Act, 1951.
(x) There is no retraction of statements given by Smt. Sandhay Singh, Shri Bishwajeet Singh and Shri Amit Kumar, hence their statements are correct and valid.
On analysis of gathered data of the conducted search, it was learnt that these RUPP’s are either not carrying out any sort of genuine political or social activity or they are carrying out such activities to project themselves as genuine parties. However, in reality these political parties are being used as a vehicle of accommodation entries under the garb of political activities. The biggest advantage of creating a facade of a political party to propagate the accommodation entry scam is the fact that the income of political party is completely exempt from taxation as long as conditions laid down in section 13A of the Act, are satisfied. The persons making donations to such organizations, at the same time received back the donations made by them in the form of cash after deduction of certain percentage of commission. By this way, the assessee i.e. the donor becomes eligible for the deduction u/s 80GGC of the Act and evades the income tax liability by claiming 100% deduction on donated amount irrespective of his/her ITR. Further, In the light of disclosures made by Shri SuryanathChaturvedi the former president and founder member of RSP (Secular), it is an established fact the RashtriyaSamajwadi Party has been formed to carry out bogus donations scam and bogus donation activities are being carried out from the inception of the party. All the party presidents from the inception have admitted that the RUPP is involved in the bogus donation scam. Moreover, Umapati IT Solution is a paper entity and has been used for layering of bogus donation received in the bank accounts of RSP(Secular).
23. From the above facts, it is abundantly clear that donation received by “RashtriyaSamajwadi Party” is bogus. The assessee has claimed deduction under Section 80GGC of the Act, and 80G(5) of the Act, which is also bogus and to that extent Assessment Order passed by assessing officer is erroneous and prejudicial to the interest of Revenue. There is a saying that The ‘tail’ cannot wag the ‘dog’. When there is a fraud, then the details and documents submitted by the assessee, before the assessing officer, during the assessment proceedings, do not assist the assessee in any manner, that is, the assessee cannot take the plea that he has submitted enough documents and details before the assessing officer and assessing officer has taken the plausible view. For that reliance can be placed on the judgment of the Coordinate Bench of ITAT Pune, in the case of Abhishek Ashok Lohade in ITA No.816/pUN/2018, order dated 22.11.2022.
From the above facts and relying on the decision cited above, it is abundantly clear that donation received by “RashtriyaSamajwadi Party” is bogus. The assessee has claimed deduction under Section 80GGC of the Act, which is also bogus and to that extent the assessment order passed by assessing officer in disallowing the deduction claimed by the assessee u/s 80GGC to the tune of Rs.xxxxx/- is upheld.”
15. It is now well settled by the Hon’ble Supreme Court in the cases of CIT v. Durga Prasad More [1971] 82 ITR 540 (SC)andSumati Dayal v. CIT 214 ITR 801 (SC) that the taxing authorities are not required to put on blinkers while examining a transaction merely because it is supported by documentary evidence. They are entitled to look beyond the apparent, examine the surrounding circumstances, apply the test of human probabilities and ascertain the real nature of the transaction. Where the cumulative facts and attending circumstances establish that the apparent is not the real, the Revenue is justified in drawing an inference based on the preponderance of probabilities. In the present case, the investigation material, statements recorded under section 132(4), bank trail analysis and the established modus operandi of the recipient political party constitute a complete chain of circumstances which overwhelmingly demonstrate that the impugned donation was merely an accommodation entry and not a genuine contribution eligible for deduction under section 80GGC of the Act.
16. In view of the foregoing discussion, the material brought on record by the Revenue, the findings emerging from the investigation, separate enquiry at the address of Apna Desh Party, and respectfully following the consistent view taken by the Co-ordinate Benches of this Tribunal in identical matters, we hold that the assessee has failed to establish that the impugned contribution represented a genuine donation eligible for deduction under section 80GGC of the Act. Mere payment through banking channels and production of donation receipts cannot, in the facts of the present case, override the overwhelming evidence demonstrating that the recipient political party was engaged in providing accommodation entries through a systematic layering of funds. The decisions relied upon by the Ld. AR are distinguishable on facts and do not advance the case of the assessee. We, therefore, find no infirmity in the order of the Ld. CIT(A) affirming the disallowance made by the Assessing Officer. Accordingly, the grounds raised by the assessee are dismissed.
17. In the result, the appeal of the assessee is dismissed.ff