Transparency and Tax Incentives in Political Funding : Clause 136 of the Income Tax Bill, 2025 Vs. Section 80GGB of the Income-tax Act, 1961

Clause 136 Deduction in respect of contributions given by companies to political parties.

Income Tax Bill, 2025

Introduction

Clause 136 of the Income Tax Bill, 2025, and Section 80GGB of the Income-tax Act, 1961, both address the deductibility of contributions made by Indian companies to political parties or electoral trusts. These provisions form a critical intersection of tax law, corporate law, and electoral reforms. The legislative intent behind such provisions is to regulate and bring transparency to the funding of political parties by corporate entities, while providing tax incentives for lawful and traceable contributions.

The evolution from Section 80GGB of the Income-tax Act 1961 to Clause 136 of the Income Tax Bill, 2025 Bill reflects legislative responses to changing socio-political realities, concerns about transparency in political funding, and the need for harmonization with other statutory frameworks such as the Companies Act and the Representation of the People Act. This commentary provides a comprehensive analysis of Clause 136, its objectives, detailed provisions, practical implications, and a comparative assessment with Section 80GGB, highlighting both continuities and significant changes.

Objective and Purpose

The primary objective of both Clause 136 and Section 80GGB is to incentivize legitimate, non-cash contributions by Indian companies to political parties or electoral trusts by allowing such contributions as deductions from taxable income. This serves dual purposes:

• Encouraging corporate participation in the democratic process through financial support to political entities.
• Ensuring that such financial support is transparent, traceable, and compliant with the legal framework governing political funding.

Historically, concerns about the influence of unaccounted money in politics led to the introduction of statutory provisions that restrict the mode of contributions and require disclosure and registration of recipient entities. The legislative intent is to strike a balance between facilitating political funding and preventing misuse, such as money laundering, bribery, or disguised political donations.

Detailed Analysis of Clause 136 of the Income Tax Bill, 2025

1. Scope of Deduction

Clause 136(1) provides that an assessee, being an Indian company, shall be allowed a deduction for the amount contributed by it, other than by way of cash, during a tax year to a political party registered u/s 29A of the Representation of the People Act, 1951 or an electoral trust.

• Eligible Assessee: The provision is restricted to "Indian companies". This maintains the focus on corporate entities incorporated under Indian law, excluding foreign companies or other forms of business entities.
• Eligible Recipients: Contributions must be made to (a) political parties registered u/s 29A of the Representation of the People Act, 1951, or (b) electoral trusts. This ensures that only officially recognized political parties and regulated intermediary trusts are eligible recipients.
• Mode of Contribution: The explicit exclusion of cash contributions ("other than by way of cash") aligns with the policy of promoting traceable, bank-based transactions. This is a safeguard against the flow of unaccounted money into political processes.

2. Definition of "Contribute"

Clause 136(2) provides that the word "contribute", with its grammatical variations and cognate expressions, shall have the same meaning as assigned to it in section 182 of the Companies Act, 2013.

• Reference to Companies Act, 2013: This marks a significant update over the previous regime, which referenced the now-repealed section 293A of the Companies Act, 1956. Section 182 of the 2013 Act governs the manner, limits, and disclosures relating to political contributions by companies, including board resolutions and reporting requirements.
• Legal Consistency: By aligning the definition with the current Companies Act, the provision ensures legal consistency and removes ambiguity about the scope of permissible contributions.

3. Legislative Context

The provision must be read in the context of broader legislative and policy initiatives aimed at electoral transparency, such as the introduction of electoral bonds and the tightening of reporting requirements for political funding. The reference to registration under the Representation of the People Act, 1951, ensures that only legitimate, regulated political parties can receive such contributions.

4. Key Differences from Section 80GGB

A detailed comparison with Section 80GGB of the Income-tax Act, 1961, reveals both continuity and changes, which are analyzed in the comparative section below.

Detailed Analysis of Section 80GGB of the Income-tax Act, 1961

1. Scope of Deduction

Section 80GGB allows an Indian company a deduction for "any sum contributed by it, in the previous year to any political party or an electoral trust". The core features are:

• Eligible Assessee: Indian companies only, similar to Clause 136.
• Eligible Recipients: Political parties and electoral trusts. The section does not explicitly mention registration u/s 29A of the Representation of the People Act, but this is implied by the definition of "political party" in the General Clauses Act and other relevant statutes.
• Mode of Contribution: The proviso (inserted by the Finance Act, 2013) disallows deduction for cash contributions, thus requiring non-cash (bank, cheque, digital) modes for eligibility.

2. Definition of "Contribute"

The Explanation to Section 80GGB clarifies that "contribute", with its grammatical variations, has the meaning assigned to it u/s 293A of the Companies Act, 1956. This is now an obsolete reference, given the repeal of the 1956 Act and its replacement by the Companies Act, 2013.

3. Historical Evolution

Section 80GGB was introduced by the Election and Other Related Laws (Amendment) Act, 2003, and has since been amended to include contributions to electoral trusts (2009) and to disallow cash contributions (2013). These amendments reflect increasing concern with transparency and the traceability of political funding.

Comparative Analysis: Clause 136 vs. Section 80GGB 

1. Reference to Companies Act

• Section 80GGB: Refers to section 293A of the Companies Act, 1956, for the definition of "contribute". This is now outdated, as the 1956 Act has been replaced by the Companies Act, 2013.
• Clause 136: Updates the reference to section 182 of the Companies Act, 2013, ensuring alignment with current corporate law. Section 182 contains detailed requirements for board approval, disclosure in profit and loss accounts, and limits on the quantum of contributions.

Implication: This change removes interpretive ambiguities and ensures that the deduction regime is harmonized with the latest corporate governance standards.

2. Eligible Recipients

• Section 80GGB: Refers generally to "political party" and "electoral trust". The definition of "political party" is not explicitly tied to registration under the Representation of the People Act, 1951, though this is generally understood.
• Clause 136: Specifically requires that the political party be registered u/s 29A of the Representation of the People Act, 1951. This explicit requirement strengthens the linkage between tax benefits and compliance with electoral law.

Implication: The explicit reference in Clause 136 reduces the scope for ambiguity and ensures that only recognized political parties are eligible for such contributions.

3. Mode of Contribution

• Section 80GGB: Prohibits deduction for contributions made by way of cash, as per the proviso inserted in 2013.
• Clause 136: From the outset, only allows deduction for contributions "other than by way of cash".

Implication: Both provisions now converge on the requirement for non-cash contributions, reflecting a policy shift towards traceable, accountable political funding.

4. Legislative Clarity and Modernization

• Section 80GGB: Contains outdated references and required periodic amendments to keep pace with changes in company law and electoral practices.
• Clause 136: Modernizes the provision, aligns definitions with current company law, and explicitly ties eligibility to compliance with electoral registration requirements.

Implication: The 2025 Bill's approach is more future-proof and less prone to interpretive disputes arising from legislative obsolescence.

5. Alignment with Policy Initiatives

• Section 80GGB: Was introduced in an era with less stringent disclosure and transparency requirements for political funding.
• Clause 136: Is part of a broader legislative trend towards greater transparency, accountability, and digitalization of political contributions, dovetailing with electoral bond schemes and enhanced reporting standards.

Implication: Clause 136 is better suited to contemporary policy objectives and public expectations regarding the cleanliness of political funding.

Practical Implications

For Companies

• Compliance Requirements: Companies must ensure that contributions are made only to registered political parties or approved electoral trusts, and strictly through non-cash means. Board resolutions and disclosures as per section 182 of the Companies Act, 2013, are essential.
• Documentation: Companies will need to maintain records of contributions, including proof of registration of the recipient and mode of payment, to substantiate the deduction in case of scrutiny.
• Audit and Reporting: The alignment with section 182 of the Companies Act imposes additional obligations for disclosure in financial statements and annual reports, thereby increasing transparency to shareholders and regulators.

For Political Parties and Electoral Trusts

• Registration Compliance: Political parties must ensure their registration u/s 29A of the Representation of the People Act, 1951, is current and valid to be eligible recipients.
• Disclosure: Electoral trusts are required to comply with guidelines issued by the Central Board of Direct Taxes (CBDT) and maintain transparency in the receipt and disbursement of funds.

For Tax Authorities

• Verification: Tax officers will need to verify the registration status of recipient political parties and the mode of contribution before allowing deductions.
• Risk of Abuse: The explicit exclusion of cash and reference to current company law reduces, but does not eliminate, the risk of abuse through indirect or disguised contributions. Vigilance will be required to detect round-tripping or related-party transactions.

For the Public and Policy Makers

• Transparency: The updated provisions contribute to the policy goal of reducing the role of unaccounted money in politics, thereby strengthening public trust in the political process.
• Policy Feedback: The effectiveness of these provisions in curbing illicit funding will depend on enforcement and the closing of loopholes, such as those that may exist in the operation of electoral bonds.

Comparative Analysis with Other Jurisdictions

Globally, many jurisdictions regulate corporate donations to political parties through a combination of tax incentives, disclosure requirements, and outright bans. Notably:

• United States: Corporate contributions to federal candidates are prohibited, but corporations can contribute to political action committees (PACs) under strict disclosure norms.
• United Kingdom: Companies may make political donations subject to shareholder approval and disclosure requirements, but there are no tax deductions for such contributions.
• Australia: Political donations are subject to disclosure, and tax deductions are available for certain political contributions within specified limits.

The Indian approach, which allows deductions but restricts the mode of contribution and recipient eligibility, represents a middle ground between outright prohibition and unregulated contributions. The explicit linkage to registration and company law standards is a unique feature designed to enhance transparency and accountability.

Potential Ambiguities and Issues for Interpretation

• Definition of "Electoral Trust": Both provisions reference "electoral trust" without providing a detailed definition. The criteria for recognition as an electoral trust are set out in CBDT guidelines, but statutory clarity could be enhanced by incorporating these requirements directly into the Act.
• Indirect Contributions: The provisions address direct contributions, but issues may arise regarding contributions made through intermediaries or via goods and services (in-kind contributions). The scope of "contribute" as per section 182 of the Companies Act, 2013, covers both direct and indirect contributions, but this may require judicial clarification in complex cases.
• Interaction with Electoral Bonds: The operation of electoral bonds, which allow anonymous contributions to political parties through banking channels, raises questions about the sufficiency of transparency and whether such contributions qualify for deduction under these provisions. The legal status of electoral bonds may itself be subject to constitutional challenge.

Conclusion

Clause 136 of the Income Tax Bill, 2025, represents a modernization and strengthening of the legal framework governing the deductibility of corporate contributions to political parties and electoral trusts. By updating statutory references, explicitly requiring registration of recipient political parties, and mandating non-cash contributions, the provision aligns with contemporary policy goals of transparency and accountability in political funding. The comparative analysis with Section 80GGB of the Income-tax Act, 1961, reveals a clear trajectory towards greater legal clarity and harmonization with other statutory regimes.

While the updated provision addresses several gaps in the earlier regime, ongoing vigilance will be required to prevent circumvention and to ensure that the tax deduction regime does not inadvertently facilitate opaque or illicit political funding. Further statutory or judicial clarification may be warranted regarding the treatment of in-kind contributions, the definition of electoral trusts, and the interaction with evolving instruments such as electoral bonds. The direction of reform is clear: towards a cleaner, more transparent, and more accountable system of corporate political funding.

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Full Text:

Clause 136 Deduction in respect of contributions given by companies to political parties.

 

Dated: 17-4-2025