“section 80G donation”
The decision most relied on for section 80G donation is JMS Mining (P.) Ltd. v. PCIT (130 Taxmann.com 118), cited in 93 judgments on BharatTax.
Leading authorities on section 80G donation
Donations made as part of Corporate Social Responsibility (CSR) expenditure are eligible for deduction under Section 80G if all conditions of Section 80G are satisfied. Such expenses are not automatically disallowed merely because they are CSR expenditure, in the absence of specific amendments to Section 80G similar to those in Section 37(1).
Cancellation of registration under Sections 12AA and 80G of the Income-tax Act is justified when a trust misuses its status by returning substantial donations in cash to donors.
Donations eligible for deduction under Section 80G can be remitted back to the Assessing Officer for verification of receipts and eligibility.
Corporate Social Responsibility (CSR) expenditure cannot be claimed as a deduction under Section 80G because it is a statutory mandate and lacks the voluntariness required for donations. This principle applies even when CSR contributions are made to funds like the Prime Minister's National Relief Fund or other eligible charitable institutions.
Contributions made by a company for Corporate Social Responsibility (CSR) to a registered charitable institution can be treated as akin to corpus donations, potentially allowing for deduction under Section 80G of the Income Tax Act, provided other conditions are met.
Donations made for corporate social responsibility (CSR) expenses, if disallowed under Section 37(1), are eligible for deduction under Section 80G of the Income Tax Act.
Donations made towards Corporate Social Responsibility (CSR) expenditures are eligible for deduction under Section 80G of the Income Tax Act, 1961, provided the recipient institution is approved under Section 80G and other conditions are met. The choice of recipient for CSR funds remains discretionary even if the spending quantum is statutorily mandated.
Deduction under Section 80G is allowable for CSR expenditure if the donee institution is eligible for such deduction and receipts are furnished. The Assessing Officer's implied acceptance of the donation, based on furnished details, is also a key factor.