SC denies PIL for making political parties file I-T returns

The Supreme Court on Friday refused to entertain a petition seeking direction for making it mandatory for political parties to file income tax returns. The apex court expressed its displeasure that the PIL on the issue was filed on the eve of the elections for publicity. "It is a publicity interest litigation on the eve of the elections," a Bench headed by Chief Justice K G Balakrishnan observed while declining the plea that action should be taken against political parties which are not disclosing their income. "We don't think this is our duty to do so," the Bench, also comprising Justice P Sathasivam, said when the counsel for the petitioner repeated the submission that the apex court judgement of 1996 itself speaks that political parties must file income tax return. The PIL filed by an NGO, Association of Democratic Reforms, said that despite the settled law, a majority of the political parties have not complied with the apex court judgement for filing tax returns. Advocate Kamini Jaiswal, appearing for the NGO, said that information gathered through RTI application disclosed that major national political parties have failed to comply with the apex court direction. However, the Bench was not inclined to pass any direction and said it was for the income tax department to look into the issue. "Why should we interfere into it," the Bench said questioning the NGO for approaching the Supreme Court. "Why have you come to this court for specific direction (against the political parties)," the Bench said and added "if any political party is not filing the returns, it will face the consequences." The counsel had said it was mandatory for the political parties to maintain their audited accounts. Political parties get donations and any amount above Rs 20,000 has to be accounted, she said. The NGO said this was more important when money power has been playing a dominant role in the political system. However, the court expressed its reluctance to entertain the PIL and said "it is difficult to give direction in such petition". "So many individuals are not filing returns and the law will take its own course," the Bench said dismissing the PIL.

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