Section 80G(5)(iv)(B) of the Income Tax Act

Income-tax Act, 2025: s.133

Section 80G(5)(iv)(B) 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)(iv)(B) is CIT v. Parma Nand (268 ITR 172), cited in 81 of the 68 judgments on BharatTax that turn on this section.

Leading authorities on Section 80G(5)(iv)(B)

Judgments on Section 80G(5)(iv)(B)

Navjyoti Education Society, Jhargram vs. ITO, Ward-1(1), Exemption, Kolkata

The appeal of the assessee is allowed for statistical purposes

ITA 2343/KOL/2024[2024-25]Status: DisposedITAT Kolkata12 Feb 2025AY 2024-25

Bench: Shri Rajesh Kumar & Shri Sonjoy Sarmai.T.A. No.2343/Kol/2024 Assessment Year: 2024-25 Navjyoti Education Society………………………………………..………….……Appellant Matri Bhaban, Vidyasagar Pally, Jhargram, Dist-Jhargram, West Bengal-721507. [Pan: Aabtn2609M] Vs. Cit(Exemptions), Kolkata……..……....….….. ………………..........…...…..…..Respondent Appearances By: Shri P. K. Ray, Ar, Appeared On Behalf Of The Appellant. Shri Raja Sengupta, Sr. Dr, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : January 30, 2025 Date Of Pronouncing The Order : February 12, 2025 Order Per Sonjoy Sarma: The Present Appeal Has Been Preferred By The Assessee Against The Order Dated 23.09.2024 Of The Commissioner Of Income Tax (Exemption), Kolkata [Hereinafter Referred To As ‘Cit(Exemption)’] Rejecting The Application Of The Assessee For Approval As Per The Provisions Of Section 80G(5)(Iv)(B) Of The Income Tax Act (Hereinafter Referred To As The ‘Act’). 2. Brief Facts Of The Case Are That The Assessee Was Granted Provisional Approval U/S 80G(5)(Iv) Of The Act In Form No.10Ac By An Order Dated 31.12.2021 Which Is Valid From 31.12.2021 To A.Y 2024-25. Subsequently, The Assessee Filed Application For Approval U/S 80G(5)(Iii) On 16.01.2023 In Form 10Ab Under Rule 17A Of The I.T. Rules 1962. Subsequently, A Notice Was Issued To The Assessee At The Email Address Provide By The Applicant Trust Requesting Details Of Its Activity Along With Supporting Document. In Response To That, The Assessee Furnished Certain Documents Which Were Duly Examined & It Was Noted That The Assessee Had Commenced Its Activities On 06.04.2000. As Per Cbdt

Section 80G(5)(iii)Section 80G(5)(iv)

Rotary Club of Ballygunge Charitable Trusta, Kolkata vs. C.I.T., Exemption, Kolkata

In the result, both the appeals are allowed for statistical purposes

ITA 2014/KOL/2024[2024-2025]Status: DisposedITAT Kolkata28 Nov 2024AY 2024-2025

Bench: Shri Sonjoy Sarma & Shri Sanjay Awasthii.T.A. Nos.2013&2014/Kol/2024 Assessment Year: 2024-25 Rotary Club Of Ballygunge Charitable Trust……......................……….……Appellant 4D, Swatic Centre, 8 Crooked Lane, Kolkata – 700069. [Pan: Aabtr4295D] Vs. Cit(Exemptions), Kolkata.............…..….…..….........……........……...…..…..Respondent Appearances By: Shri Manish Bajoria, Ca, Appeared On Behalf Of The Appellant. Shri Subhendu Datta, Cit- Dr, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : November 27, 2024 Date Of Pronouncing The Order : November 28, 2024 Order Per Bench: 1. These Two Appeals Have Been Filed By The Same Assessee Challenging The Action Of The Commissioner Of Income Tax (Exemptions) [Hereinafter Referred To As ‘Cit(Exemptions)’] In Denying Registration U/S 12A(1)(Ac)(Vi)(B) Of The Income Tax Act (Hereinafter Referred To As The ‘Act’) & Consequently, Also Denying Registration U/S 80G(5)(Iv)(B) Of The Act On The Ground That The Application U/S 12A Of The Act Has Been Rejected. Since The Issues Are Interconnected, Therefore, These Two Appeals Were Heard Together & Are Being Disposed Of Through A Single Order. 1.1 At The Outset, The Ld. Ar Filed An Affidavit & Prayed That Another Opportunity Should Be Provided To Present The Full Facts Before The Ld. Cit(Exemptions), The Contents Of The Affidavit May Be Extracted As Under:

Section 12ASection 12A(1)(ac)Section 80G(5)(iv)

Rotary Club of Ballygunge Charitable Trust, Kolkata vs. C.I.T., Exemption, Kolkata

In the result, both the appeals are allowed for statistical purposes

ITA 2013/KOL/2024[2024-2025]Status: DisposedITAT Kolkata28 Nov 2024AY 2024-2025

Bench: Shri Sonjoy Sarma & Shri Sanjay Awasthii.T.A. Nos.2013&2014/Kol/2024 Assessment Year: 2024-25 Rotary Club Of Ballygunge Charitable Trust……......................……….……Appellant 4D, Swatic Centre, 8 Crooked Lane, Kolkata – 700069. [Pan: Aabtr4295D] Vs. Cit(Exemptions), Kolkata.............…..….…..….........……........……...…..…..Respondent Appearances By: Shri Manish Bajoria, Ca, Appeared On Behalf Of The Appellant. Shri Subhendu Datta, Cit- Dr, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : November 27, 2024 Date Of Pronouncing The Order : November 28, 2024 Order Per Bench: 1. These Two Appeals Have Been Filed By The Same Assessee Challenging The Action Of The Commissioner Of Income Tax (Exemptions) [Hereinafter Referred To As ‘Cit(Exemptions)’] In Denying Registration U/S 12A(1)(Ac)(Vi)(B) Of The Income Tax Act (Hereinafter Referred To As The ‘Act’) & Consequently, Also Denying Registration U/S 80G(5)(Iv)(B) Of The Act On The Ground That The Application U/S 12A Of The Act Has Been Rejected. Since The Issues Are Interconnected, Therefore, These Two Appeals Were Heard Together & Are Being Disposed Of Through A Single Order. 1.1 At The Outset, The Ld. Ar Filed An Affidavit & Prayed That Another Opportunity Should Be Provided To Present The Full Facts Before The Ld. Cit(Exemptions), The Contents Of The Affidavit May Be Extracted As Under:

Section 12ASection 12A(1)(ac)Section 80G(5)(iv)