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

Income-tax Act, 2025: s.133

Section 80G(5)(iii) 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)(iii) is Sree Meenakshi Mills Ltd. v. Commissioner of Income Tax (31 ITR 28), cited in 137 of the 687 judgments on BharatTax that turn on this section.

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

Sree Meenakshi Mills Ltd. v. Commissioner of Income Tax
31 ITR 28 · 1957 · Supreme Court
137
citing judgments

Expenditure incurred for commercial expediency, even without a direct or immediate benefit but indirectly facilitating business, is deductible as laid out wholly and exclusively for trade. The scope of reference jurisdiction under Section 66 is limited to questions of law, allowing challenges to Tribunal findings of fact only if they are perverse, unreasonable, or lack evidence.

CIT v. Parma Nand
268 ITR 172 · 2004 · High Court
81
citing judgments

Whether there was sufficient cause for delay in making applications for registration under section 12A and 80G is always a question of fact, and contumacious conduct by the assessee must be established for levying penalty under section 271C for non-deduction of TDS.

Ahmedabad Rana Caste Association v. CIT
82 ITR 704 · 1971 · Supreme Court
51
citing judgments

An intention to benefit a section of the public, as distinguished from a special individual, is sufficient for a trust to be considered for charitable registration and exemptions. This applies even if the beneficiaries belong to a specific caste, community, or professional group, allowing the trust to qualify as serving a general public utility under Section 2(15).

Bishnupur Public Education Institute v. Commissioner of Income Tax (Exemption)
139 Taxmann.com 121 · High Court
33
citing judgments

The delay in filing an application for approval under section 10(23C) cannot be condoned by the CIT (Exemption) if it is filed beyond the prescribed time limit, as this decision was affirmed by the Kolkata Tribunal in Bishnupur Public Education Institute.

CIT (Exemptions) v. Shree Tapeshwar Hanumanji Bajrang Charity Trust
122 Taxmann.com 98 · 2020 · High Court
30
citing judgments

Registration under Section 12A or 12AB of the Income-tax Act is a mandatory pre-condition for obtaining approval under Section 80G of the Act. Consequently, if an assessee lacks valid registration under Section 12A/12AB, their application for approval under Section 80G is liable to be rejected.

Esthuri Aswathiah v. CIT, Mysore
66 ITR 478 · 1967 · Supreme Court
29
citing judgments

The Income Tax Appellate Tribunal functions judicially and must decide all questions of fact and law before it. The Tribunal may act upon probabilities and use presumptions to bridge gaps in evidence, especially when conclusive proof is not available due to delays or the nature of transactions.

Sonepat Hindu Educational and Charitable Society v. CIT
278 ITR 262 · 2005 · High Court
26
citing judgments

Registration of an institution under Section 12A of the Income Tax Act is sufficient proof that it was established for charitable purposes, and therefore, registration under Section 80G cannot be denied solely on the basis that the institution is not for charitable purposes.

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).

Binod Bihari Singh v. Union of India
1 SCC 572 · 1993 · Reported
21
citing judgments

The requirement to explain each day's delay in filing an appeal must be interpreted pragmatically and with common sense, not pedantically. Refusing to condone delay can lead to a grave miscarriage of justice.

Nitdaa Foundation v. CIT
167 Taxmann.com 111 · 2024 · ITAT
17
citing judgments

An existing trust that has previously been granted approval under sections 12AA and 80G should apply under clause (i) of the first proviso to section 80G(5) as an old entity, not under clause (iii) as a new trust. Applying under the incorrect clause may lead to unnecessary provisional certificates and delays.

Judgments on Section 80G(5)(iii)

G Ramaswamy Naidu Matric Hr. Sec. School, Coimbatore vs. CIT Exemptions, Chennai

In the result, the appeal of the assessee is dismissed as infructuous

ITA 828/CHNY/2024[-]Status: DisposedITAT Chennai31 May 2024

Bench: Shri S.S. Viswanethra Ravi & Shri Jagadishआयकर अपील सं./I.T.A. No.828/Chny/2024 G. Ramaswamy Naidu Matric Hr. Sec. Vs. The Commissioner Of School, Opp. To Cit, Civil Aerodrome Income Tax (Exemption), Post, Coimbatore 641 014. Aayakar Bhawan – Annexe Building, No. 121, Mahatma Gandhi Road, [Pan: Aabtg4164C] Nungambakkam, Chennai 600 034. (अपीलाथ"/Appellant) (""थ"/Respondent) अपीलाथ" की ओर से / Appellant By : Shri Arjunraj, Ca ""थ" की ओर से/Respondent By : Shri A. Sasikumar, Cit सुनवाई की तारीख/ Date Of Hearing : 22.05.2024 घोषणा की तारीख /Date Of Pronouncement : 31.05.2024 आदेश /O R D E R Per S.S. Viswanethra Ravi: This Appeal By The Assessee Is Directed Against The Order Dated 16.03.2024 Passed By The Ld. Commissioner Of Income Tax (Exemption), Chennai Rejecting Form No. 10Ab Under Section 80G(5)(Iii) Seeking Approval Under Section 80G Of The Income Tax Act, 1961 [“Act” In Short] & Cancelling The Provisional Approval Granted Vide Order Dated 19.11.2021. 2. The Ld. Cit(E) Rejected The Application For Registration On The Ground That The Application Was Filed Beyond The Prescribed Due Date & 2

For Appellant: Shri Arjunraj, CAFor Respondent: Shri A. Sasikumar, CIT
Section 80GSection 80G(5)(iii)

Ooty Literary Festival, Coonoor vs. CIT Exemptions, Chennai

In the result, the appeal of the assessee is dismissed as infructuous

ITA 827/CHNY/2024[-]Status: DisposedITAT Chennai31 May 2024

Bench: Shri S.S. Viswanethra Ravi & Shri Jagadishआयकर अपील सं./I.T.A. No.827/Chny/2024 Ooty Literary Festival, Vs. The Commissioner Of D No. 15/24, Plains View Tiger Mill, Income Tax (Exemption), Coonoor 643 101. Aayakar Bhawan – Annexe Building, No. 121, Mahatma Gandhi Road, [Pan: Aaato5126F] Nungambakkam, Chennai 600 034. (अपीलाथ"/Appellant) (""थ"/Respondent) अपीलाथ" की ओर से / Appellant By : Shri Arjunraj, Ca ""थ" की ओर से/Respondent By : Shri A. Sasikumar, Cit सुनवाई की तारीख/ Date Of Hearing : 22.05.2024 घोषणा की तारीख /Date Of Pronouncement : 31.05.2024 आदेश /O R D E R Per S.S. Viswanethra Ravi: This Appeal By The Assessee Is Directed Against The Order Dated 16.03.2024 Passed By The Ld. Commissioner Of Income Tax (Exemption), Chennai Rejecting Form No. 10Ab Under Section 80G(5)(Iii) Seeking Approval Under Section 80G Of The Income Tax Act, 1961 [“Act” In Short] & Cancelling The Provisional Approval Granted Vide Order Dated 14.03.2022. 2. The Ld. Cit(E) Rejected The Application For Registration On The Ground That The Application Was Filed Beyond The Prescribed Due Date & 2

For Appellant: Shri Arjunraj, CAFor Respondent: Shri A. Sasikumar, CIT
Section 80GSection 80G(5)(iii)

Vivekananda Lokasiksha Mondir, Medinipur vs. CIT(Exemption), Kolkata

The appeal of the assessee is treated as allowed for statistical purposes

ITA 412/KOL/2024[00]Status: DisposedITAT Kolkata15 May 2024

Bench: Shri Sanjay Garg & Shri Sanjay Awasthii.T.A. No.412/Kol/2024 Vivekananda Lokasiksha Mondir…..……............…...……………....Appellant At Muradpur, Muradpur B.O, Muradpur, East Midnapure, West Bengal, India-721625. [Pan:Aaatv2384A] Vs. Cit(Exemptions), Kolkata…...............................................…..…..... Respondent Appearances By: Shri P. K. Ray, Advocate Appeared On Behalf Of The Appellant. Shri Suvendu Datta, Cit-Dr, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : May 15, 2024 Date Of Pronouncing The Order : May 15, 2024 आदेश / Order संजय गग", "या"यक सद"य "वारा / Per Sanjay Garg: The Present Appeal Has Been Preferred By The Assessee Against The Order Dated 02.03.2023 Of The Commissioner Of Income Tax (Exemption), Kolkata [Hereinafter Referred To As ‘Cit(Exemption)’] Rejecting The Application Of The Assessee For Final Approval As Per The Provisions Of Section 80G(5)(Iii) Of The Income Tax Act (Hereinafter Referred To As The ‘Act’). 2. The Appeal Is Time Barred By 304 Days. A Separate Application For Condonation Of Delay Has Been Filed, Which Is Further Supported By Affidavit Of Shri Dibyendu Jana, Executive Officer Of The Assessee. Considering The Submissions Made In The Affidavit, The Delay In Filing The Appeal Is Hereby Condoned.

Section 80G(5)(iii)

IAC Research Foundation, Kolkata vs. CIT(Exemption), Kolkata

In the result the appeal of the assessee is dismissed as withdrawn

ITA 322/KOL/2024[00]Status: DisposedITAT Kolkata14 May 2024

Bench: Shri Rajesh Kumar, Hon’Ble & Shri Sonjoy Sarma, Hon’Bleiac Research Foundation Cit (Exemptions), Kolkata 5A, Woodburn Park Road, Vs 3Rd Floor, Woodburn Central, Kolkata-700020. Pan: Aafci 1989 L (Appellant) (Respondent) Present For: Assessee By : Smt. Sharin Nessa, Ar Revenue By : Shri Manish Kanojia, Cit, Dr Date Of Hearing : 09.05.2024 Date Of Pronouncement : 14.05.2024 O R D E R Per Sonjoy Sarma: Jm The Present Appeal Filed By The Assessee Is Directed Against The Order Passed By Ld. Commissioner Of Income-Tax (Exemption), Kolkata [In Short Ld. Cit (Exemption)’] In Relation To Denying Registration Applied U/S 80G(5)(Iii) Of The Income Tax Act, 1961 (In Brevity The ‘Act’) Dated 11.02.2024. 2. At The Outset, Ld. Counsel For The Assessee Stated Before The Bench That The Assessee Is A Trust & Filed Application For Approval Of Trust U/S 80G(5)(Iii) Of The Act Electronically On 22.08.2023 In Form 10Ab Under Rule 17A Of The Income Tax Rules, 1962. However, The Extended Due Date For Filing Of Such Application In Form 10Ab Was Extended Upto 30.09.2022 As Per Cbdt Circular No. 8/22 Dated 31.03.2022. As The Present Assessee Could Not File Such Application Within The Extended Due Date As Per Cbdt Circular, The Claim Of The Assessee Was Rejected.

For Appellant: Smt. Sharin Nessa, ARFor Respondent: Shri Manish Kanojia, CIT, DR
Section 80G(5)(iii)

Saligram Somani Seva Sansthan, Kolkata vs. CIT(Exemption), Kolkata

In the result the appeal of the assessee is dismissed as withdrawn

ITA 319/KOL/2024[00]Status: DisposedITAT Kolkata14 May 2024

Bench: Shri Rajesh Kumar, Hon’Ble & Shri Sonjoy Sarma, Hon’Blesaligram Somani Seva Cit (Exemptions), Sansthan Kolkata 5A, Woodburn Park Road, Vs 3Rd Floor, Woodburn Central, Kolkata-700020. Pan: Aapts 3932 C (Appellant) (Respondent) Present For: Assessee By : Smt. Sharin Nessa, Ar Revenue By : Shri Manish Kanojia, Cit, Dr Date Of Hearing : 09.05.2024 Date Of Pronouncement : 14.05.2024 O R D E R Per Sonjoy Sarma: Jm The Present Appeal Filed By The Assessee Is Directed Against The Order Passed By Ld. Commissioner Of Income-Tax (Exemption), Kolkata [In Short Ld. Cit (Exemption)’] In Relation To Denying Registration Applied U/S 80G(5)(Iii) Of The Income Tax Act, 1961 (In Brevity The ‘Act’) Dated 11.02.2024. 2. At The Outset, Ld. Counsel For The Assessee Stated Before The Bench That The Assessee Is A Trust & Filed Application For Approval Of Trust U/S 80G(5)(Iii) Of The Act Electronically On 24.08.2023 In Form 10Ab Under Rule 17A Of The Income Tax Rules, 1962. However, The Extended Due Date For Filing Of Such Application In Form 10Ab Was Extended Upto 30.09.2022 As Per Cbdt Circular No. 8/22 Dated 31.03.2022. As The Present Assessee Could Not File Such Application Within The Extended Due Date As Per Cbdt Circular, The Claim Of The Assessee Was Rejected.

For Appellant: Smt. Sharin Nessa, ARFor Respondent: Shri Manish Kanojia, CIT, DR
Section 80G(5)(iii)

Rajbalhat Cultural Circle, Kolkata vs. CIT(E), Kolkata

The appeals of the assessee are treated as allowed for statistical purposes

ITA 26/KOL/2024[00]Status: DisposedITAT Kolkata13 May 2024

Bench: Shri Sanjay Garg & Shri Girish Agrawali.T.A. Nos.25 & 26/Kol/2024 Rajbalhat Cultural Circle.……..…………............…...……………....Appellant At & Post Rajbalhat, District-Hooghly, Pin-712408. [Pan: Aabar5785R] Vs. Cit(Exemptions), Kolkata……...............................................…..…..... Respondent Appearances By: Shri P. K. Ray, Ar, Appeared On Behalf Of The Appellant. Shri Abhijit Kundu, Cit-Dr, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : March 12, 2024 Date Of Pronouncing The Order : May 13, 2024 आदेश / Order संजय गग", "या"यक सद"य "वारा / Per Sanjay Garg: The Captioned Appeals Have Been Preferred By The Assessee Against The Separate Orders Dated 30.11.2023 & 20.12.2023 Of The Commissioner Of Income Tax (Exemption), Kolkata [Hereinafter Referred To As ‘Cit(Exemption)’] Respectively. Ita No.25/Kol/2024 Is Against The Rejection Of Application For Registration U/S 12Aa(1)(Ac)(Iii) Of The Income Tax Act (Hereinafter Referred To As The ‘Act’) & Ita No.26/Kol/2024 Is Against The Rejection Of The Application Of The Assessee For Final Approval As Per The Provisions Of Section 80G(5)(Iii) Of The Act. 2. Ita No.25/Kol/2024 - The Ld. Cit(Exemptions) Has Rejected The Application Holding The Same To Be Prima Facie Not Maintainable Being Premature. The Ld. Cit(Exemptions) Observed That The Assessee Earlier

Section 11Section 12Section 12ASection 12A(1)(ac)Section 80GSection 80G(5)Section 80G(5)(iii)

Pawan Alka Rajgarhia Foundation, Kolkata vs. CIT(E), Kolkata.

In the result, appeal of the assessee is allowed

ITA 169/KOL/2024[N/A]Status: DisposedITAT Kolkata03 May 2024

Bench: Dr. Manish Borad, Hon’Ble & Shri Sanjay Garg, Hon’Blei.T.A. No. 169/Kol/2024 Pawan Alka Rajgarhia Foundation Cit (Exemption), Kolkata Adventz Infinity, 5Th Floor Vs Unit No. 504, Plot No. 5 Block Bn-5 Salt Lake, Sector-V Kolkata - 700091 [Pan : Aadtp2189G] अपीलाथ"/ (Appellant) "" यथ"/ (Respondent) Assessee By : Shri S.S. Gupta, A/R Revenue By : Shri Abhijit Kundu, Cit, D/R सुनवाई क" तारीख/Date Of Hearing : 09/04/2024 घोषणा क" तारीख /Date Of Pronouncement: 03/05/2024 आदेश/O R D E R Per Dr. Manish Borad: This Appeal Is Directed At The Instance Of The Assessee Against The Order Dt. 17/01/2024, Of The Learned Commissioner Of Income Tax (Exemptions), (Hereinafter The “Ld. Cit(E)”). 3. The Sole Grievance Of The Assessee Is Against The Action Of The Ld. Cit(E) In Rejecting The Application Of The Assessee For Final Approval U/S 80G(5)(Iii) Of The Act. 4. At The Outset, The Ld. Counsel For The Assessee, Submitted That The Assessee Was Granted Provisional Approval U/S 80G Of The Act Vide Order Dt. 17/09/2022 Which Was Valid From 17/09/2022 Till Financial Year 2025-26. Subsequently, Application For Final Approval Was Filed On 31/07/2023 In Form 10Ab. However, The Ld. Cit(E) Rejected The Application On The Ground That The Assessee Commenced Its Activities During Financial Year 2019-20 Itself Which Was Evident From The Income

For Appellant: Shri S.S. Gupta, A/RFor Respondent: Shri Abhijit Kundu, CIT, D/R
Section 80GSection 80G(5)Section 80G(5)(iii)