Section 80G(5)(ii) of the Income Tax Act

Income-tax Act, 2025: s.133

Section 80G(5)(ii) falls under section 80G of the Income-tax Act, 1961, which corresponds to section 133 (Deduction in respect of donations to certain funds, charitable institutions, etc) of the Income-tax Act, 2025.

Read section 133 of the 2025 Act

Correspondence checked against the ICAI tabular mapping of the two Acts and the BharatTax.co section commentary.

The decision most relied on for Section 80G(5)(ii) is DIT (Exemption) v. Khar Gymkhana (385 ITR 162), cited in 27 of the 222 judgments on BharatTax that turn on this section.

Leading authorities on Section 80G(5)(ii)

DIT (Exemption) v. Khar Gymkhana
385 ITR 162 · 2016 · High Court
27
citing judgments

The cancellation of registration under section 12AA(3) is limited to circumstances specified in the section. Income and application of funds issues are matters of assessment, not grounds for cancellation under section 12AA(3).

Upper Ganges Sugar Mills Ltd. v. CIT
93 Taxmann 645 · 1997 · Supreme Court
25
citing judgments

An institution or fund is deemed to be one to which section 80G applies even if it incurs expenditure of a religious nature not exceeding five per cent. of its total income, overriding Explanation 3 to section 80G(5)(ii).

Chetana v. CIT(E)
176 Taxmann.com 713 · 2025 · Reported
15
citing judgments

The issue before the Tribunal concerns the applicability of amended provisions under Section 80G(5) of the Income Tax Act. Assessees are permitted to file fresh applications under the amended provisions.

Yug Chetna Parmarth Trust v. CIT
44 Taxmann.com 446 · 2014 · Reported
14
citing judgments

An institution is disentitled from approval under section 80G(5) if its trust deed contains even a single religious object, as it is not established wholly for charitable purposes. This applies even if the trust also has charitable objects or if section 80G(5B) is considered.

Gurukrupa Foundation v. CIT(E)
172 Taxmann.com 737 · 2025 · ITAT
6
citing judgments
Tirumala Tirupati Devasthanam v. Chief C.I.T
251 ITR 849 · 2001 · High Court
4
citing judgments
94 (Raj HC) (ii) Shiv Mandir Devasthan Panch Committee Sansthan v. CIT
35 Taxmann.com 516 · 2013 · Reported
3
citing judgments

Judgments on Section 80G(5)(ii)

Dayanand Math, Chamba, Himachal Pradesh vs. Commissioner of Income Tax, Exemptions, Chandigarh

The appeal stand allowed for statistical purpose

ITA 24/CHANDI/2026[2025-26]Status: DisposedITAT Chandigarh06 Aug 2026AY 2025-26

Bench: Hon’Ble Shri Manoj Kumar Aggarwal, Am & Hon’Ble Shri Rajesh Damodarlal Sharma, Jm आयकरअपीलसं. / Ita No.24/Chandi/2026 Dayanand Math Cit(E) बनाम/ C/O Shri Tejmohan Singh (Advocate) Chandigarh – 160017 #527, Sector – 10D Vs. Chandigarh – 160011 "ायीलेखासं./जीआइआरसं./Pan/Gir No. Aaatd-7002-R (अपीलाथ"/Appellant) : (""थ" / Respondent) अपीलाथ"कीओरसे/ Appellant By : Sh. Tej Mohan Singh (Advocate) – Ld. Ar ""थ"कीओरसे/Respondent By : Smt. Jaishree Sharma (Cit) - Ld. Dr (Virtual) सुनवाईकीतारीख/Date Of Hearing : 05-08-2026 घोषणाकीतारीख /Date Of Pronouncement 06-08-2026 : आदेश / O R D E R Manoj Kumar Aggarwal () 1. Aggrieved By Rejection Of An Application As Filed By The Assessee Seeking Approval U/S 80G(5)(Ii) Vide Impugned Order Dated 11.12.2025 Of Ld. Commissioner Of Income Tax (Exemption), Chandigarh, [Cit(E)], The Assessee Is In Further Appeal Before Us. 2. Upon Perusal Of & Impugned Order It Could Be Seen That The Approval Has Been Denied By Ld. Cit(E) By Quoting The Objects Of The Assessee-Trust & By Invoking Explanation 3 To Section 80G. It Has Finally Been Held That Charitable Purpose Does Not Include A Purpose The Whole Or Substantially The Whole Of Which Is Religious In Nature. 3. During Hearing, It Was An Admitted Position That The Similar Issue Has Been Decided By Tribunal In Bunch Of Appeals Titled As Shri Sanatan Dharam Venkuth Dharamsewa Samiti In Ita Nos.572/Chd/2026 & Ors. Common Order Dated 03.08.2026 Defining The Contours Of Religion & Laying Down Certain Guidelines For Approval Of Such Trusts. Respectfully Following The Same, We Restore This Appeal Back To Ld. Cit(E) For Examination On Similar Lines. 4. The Appeal Stand Allowed For Statistical Purpose. Order Pronounced On 06Th August, 2026

For Appellant: Sh. Tej Mohan Singh (Advocate) – Ld. ARFor Respondent: Smt. Jaishree Sharma (CIT) - Ld. DR
Section 80GSection 80G(5)(ii)