The Asian Age

More trouble for AAP as EC tells MHA to probe funding

- SANJAY KAW

The Election Commission (EC) has written to the Union home ministry to probe the alleged irregulari­ties in the funding process of the Aam Aadmi Party (AAP) after the income-tax (IT) department highlighte­d discrepanc­ies to the poll panel.

Since the EC is not an investigat­ing body, it has forwarded the I-T department’s request for probe into the irregulari­ties to the home ministry. A senior officer in the commission said that it was now for the MHA to investigat­e further into the contentiou­s issue.

The I-T department has been investigat­ing both domestic and foreign sources of funding for AAP for the past few years.

Earlier this month, after going through the party’s audit report, the tax department had recommende­d to the poll panel to derecognis­e AAP as a party.

In its communicat­ion to

Since the EC is not an investigat­ing body, it has forwarded the income-tax department’s request for probe into alleged irregulari­ties in the sources of AAP’s funding to the Union home ministry

the EC, the I-T department had stated that the party had submitted a “wrong” audit report and, therefore, was not eligible for exemption under the I-T Act. The tax department had also suggested that the EC should revisit or cancel the registrati­on of AAP as a trust and as a party.

“The AAP is liable for prosecutio­n under 276C (wilful attempt to evade tax, etc.) and under Section 277 A (falsificat­ion of books of account or documents, etc.) of the IT Act. It said that the income of AAP may be subjected to special audit under Section 142 (2A) of the Act,” the I-T department stated.

The tax department had found anomalies in cash donations and four demand drafts of `50 lakh each to AAP. A source said that the tax department had also issued summons to the AAP and its current and former treasurers on many occasions, but all of them had been reluctant to attend the proceeding­s.

The AAP had filed its I-T return for assessment for the financial years 2014-15 and 2015-16. In its I-T returns, the party had claimed that the entire donation in question, amounting to `50 crore and `54 crore, was exempt from taxation under the provisions of Section 13 (A) of the IT Act.

“AAP is a political party. As per provisions of Section 29 (B) of the Representa­tion of Peoples (RP) ACT, any political party is entitled to accept contributi­ons voluntaril­y offered to it by any person or company,” a copy of the document accessed by this newspaper said.

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