New Delhi, Nov 14: 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 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.
Bureau Report
