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Chapter VIII - Deductions to be Made in Computing Total Income

Section 137

Section 137: deduction for non-cash political contributions

Section 137 permits a deduction for qualifying non-cash political contributions. Its express exclusions concern local authorities and government-funded artificial juridical persons.

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Need advice on Section 137?

This article is for general information. Refer to the Income-tax Act, 2025 as amended by the Finance Act, 2026 and the Taxation and Other Laws (Amendment) Act, 2026 for the official provisions. If you need professional advice for your situation, contact Bizeneed.

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Statutory text

Bare law

An assessee, (other than a local authority and an artificial juridical person wholly or partly funded by the Government), shall be allowed a deduction for the amount contributed by him, other than by way of cash, during a tax year to a political party registered under section 29A of the Representation of the People Act, 1951 (43 of 1951), or an electoral trust.

Introduction

Section 137 covers an assessee other than a local authority or an artificial juridical person wholly or partly funded by the Government. A qualifying contribution must be made other than in cash during the tax year to a political party registered under section 29A of the Representation of the People Act, 1951, or to an electoral trust.

Key takeaways

1

Who may claim

The text does not exclude companies; it excludes the two categories it expressly names.

2

Payment and recipient

The contribution must be non-cash and made to the registered political party or electoral trust specified in the section.

What Section 137 allows

Any assessee - other than a local authority, or an artificial juridical person wholly or partly funded by the Government - can deduct the amount they contribute, other than by way of cash, during a tax year to a political party registered under Section 29A of the Representation of the People Act, 1951, or to an electoral trust.

When this provision applies

Check the claimant against the express exclusions rather than relying on the informal label “individual donation deduction”. The text excludes a local authority and an artificial juridical person wholly or partly funded by the Government; it is not written as an individuals-only provision.

Also check the tax regime. For a person whose income is computed under Section 202(1), Section 202(2)(a)(xii) excludes Chapter VIII deductions except the named provisions; Section 137 is not among those exceptions. A qualifying non-cash receipt alone does not overcome that restriction.

Limits and procedural safeguards

The deduction is for the amount contributed to a qualifying recipient during the tax year, subject to the general computation framework. Section 122 caps aggregate Chapter VIII deductions at gross total income; the provision is not a direct refund or an unrestricted tax credit.

Section 122(3) separately prevents a member deduction under Section 137 in relation to the member’s share of AOP or BOI income where that deduction is admissible in the collective assessment. Do not treat a collective claim as automatically creating another member-level claim.

Step-by-step review

1. Confirm the claimant’s legal category and applicable tax regime.

2. Verify the political party’s stated registration or the recipient’s electoral-trust status.

3. Match the non-cash contribution, payment evidence and recipient acknowledgement to the tax year.

4. Apply Section 122 and the applicable regime restrictions, then record the eligible amount in the correct computation.

Hypothetical example

Hypothetical illustration: an individual contributes ₹20,000 through a documented non-cash route to a qualifying political party. If the individual’s income is computed under Section 202(1), Section 137 is not an allowed Chapter VIII exception. If a valid different regime applies, eligibility and the other deduction conditions must still be checked; the payment alone does not decide the claim.

Records to prepare

Claimant category and tax-regime record for the year.

Recipient qualification, receipt and non-cash banking evidence.

Chapter VIII deduction computation and any relevant AOP or BOI member assessment.

Official amended Act source

Practical checklist

Do

  • Verify the claimant category, recipient registration and non-cash payment trail.
  • Match the contribution to the relevant tax year and keep the recipient receipt.
  • Claimant category and tax-regime record for the year.
  • Recipient qualification, receipt and non-cash banking evidence.
  • Chapter VIII deduction computation and any relevant AOP or BOI member assessment.

Avoid

  • Do not claim a cash contribution under this section.
  • Do not include an excluded local authority or government-funded artificial juridical person.

Glossary

Electoral trust
A permitted contribution recipient under this provision.
Registered political party
A party registered under Section 29A of the Representation of the People Act, 1951.
Regime restriction
A rule in the applicable tax-computation regime limiting deductions otherwise described elsewhere in the Act.

Frequently asked questions

Are companies excluded from Section 137?

No. Section 137 excludes a local authority and an artificial juridical person wholly or partly funded by the Government; it does not exclude a company.

Can I deduct a cash donation to a political party under Section 137?

No - only contributions made other than by cash qualify for the deduction.

Who is specifically excluded from claiming this deduction?

A local authority, and an artificial juridical person that is wholly or partly funded by the Government, cannot claim a deduction under Section 137.

Is this deduction available when income is computed under Section 202(1)?

No. Section 137 is not among the Chapter VIII deductions retained by Section 202(2)(a)(xii).

Can a member repeat an AOP or BOI deduction on the same income share?

Section 122(3) bars the same-section member deduction in relation to that share where the Section 137 deduction is admissible in the AOP or BOI computation.

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Last updated 10 October 2026