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CA Final · Direct Tax Laws & International Taxation · Assessment of Trusts and Institutions, Political Parties and Other Special Entities

Bharat Lok Party, a registered political party, had the following in the tax year: voluntary contributions ₹40,00,000 (including electoral bonds of ₹10,00,000, and one contribution of ₹15,000 from Mr. Iyer by account payee cheque for which it holds no record of name and address); long-term capital gain ₹5,00,000; and house property income ₹2,00,000. All other conditions of Schedule VIII are satisfied. Assuming no other income, what is the position?

Nothing is taxable.

  1. AOnly the contribution of ₹15,000 is taxed
  2. B₹47,00,000 is charged to taxCorrect
  3. CElectoral bond amounts of ₹10,00,000 alone are taxed
  4. DAll ₹47,00,000 is excluded as the cheque was banked

Explanation

Condition (b) requires a record of the name and address for each voluntary contribution above ₹20,000 other than electoral bonds. Mr. Iyer's ₹15,000 is below ₹20,000, so no record is needed and condition (b) is not breached. Hence every condition is met and all income of ₹40,00,000 + ₹5,00,000 + ₹2,00,000 = ₹47,00,000 is excluded. The stated answer must therefore be reconsidered: the correct treatment is exclusion.

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