Section 80G(5) of the Income Tax Act

Income-tax Act, 2025: s.133

Section 80G(5) 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) is Sree Meenakshi Mills Ltd. v. Commissioner of Income Tax (31 ITR 28), cited in 137 of the 2,236 judgments on BharatTax that turn on this section.

Leading authorities on Section 80G(5)

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. Dawoodi Bohra Jamat
364 ITR 31 · 2014 · Supreme Court
83
citing judgments

A trust's objects, even if based on religious tenets, can qualify as charitable for tax exemptions if its benefits are not exclusively restricted to a particular religious community or caste.

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.

Udhavdas Kewalram v. CIT
66 ITR 462 · 1967 · Supreme Court
59
citing judgments

The Income-tax Appellate Tribunal performs a judicial function under the Indian Income-tax Act, invested with authority to finally determine all questions of fact. When deciding an appeal, the Tribunal must consider all material facts with due care, record findings on all contentions, and maintain a judicial balance between the revenue and taxpayer claims. The power to condone delay by enacting section 5 of the Limitation Act of 1963 enables courts, including the Tribunal, to do substantial justice, with "sufficient cause" being an elastic expression.

Shree Swaminarayan Gadi Trust v. CIT
162 Taxmann.com 772 · 2024 · Reported
44
citing judgments

Where a trust application has a curable defect, the assessee should be allowed an opportunity to explain and rectify the defect before the CIT (Exemption). The appellate tribunal may allow the appeal and direct the CIT to reconsider the application.

Fifth Generation Education Society v. CIT
185 ITR 634 · 1990 · High Court
44
citing judgments

Registration under Section 12A and approval under Section 80G are distinct from assessment; issues relevant to assessing income under Section 11 cannot be grounds for rejecting an application for registration or approval.

CIT (Exemptions) v. Bayath Kutchhi Dasha Oswal Jain Mahajan Trust
74 Taxmann.com 199 · 2016 · High Court
35
citing judgments

Section 13(1)(b) of the Income Tax Act is applicable at the stage of granting exemption, not during the process of granting registration under section 12A/12AB, provided the trust's objects are charitable in character for the general public at large and not solely for the benefit of a particular religious community.

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.

Judgments on Section 80G(5)

Shri Krishna Gaushala Samiti, Amarpura, Pali vs. CIT(E), Jaipur

In the result, the appeal of the assessee is allowed in terms indicated above

ITA 974/JODH/2026[NA]Status: DisposedITAT Jodhpur13 Aug 2026

Bench: Shri Amit Shukla, Hon’Ble & Shri Girish Agrawal, Hon’Bleshri Krishna Gaushala Samiti, Cit Exemption Amarpura Jaipur Kalani & Co. Llp, Chartered Accountants, 5Th Floor, Milestone Building, Gandhinagar Turn, Tonk Road, Jaipur-302015 Pan No. Aamts 6266 L Assessee By Yogesh Parwal, Ca (Virtual) Revenue By O.P. Meena, Cit-Dr (Physical) Date Of Hearing 13 / 08 / 2026. Date Of Pronouncement 13 / 08 / 2026. Order Per Bench: The Aforesaid Appeal Has Been Filed By The Assessee Against The Impugned Order Passed By The Ld. Commissioner Of Income Tax (Exemption), Jaipur [“Ld. Cit(E)”], Rejecting The Assessee’S Application Dated 28.09.2025 Filed In Form No. 10Ab Seeking Approval Under Section 80G(5) Of The Income-Tax Act, 1961. 2. The Brief Facts Are That The Assessee-Samiti Has Been Constituted For Charitable Purposes & Was Earlier Granted Registration Under Section 12A Vide Order Dated 31.12.2021, Valid From A.Y. 2022-23 To A.Y. 2026-27. It Was Also 2 Asst. Year: Na Granted Provisional Approval Under Clause (Iv) Of The First Proviso To Section 80G(5) Vide Order Dated 15.01.2022, Which Was Valid From 15.01.2022 To A.Y. 2024-25. Thereafter, The Assessee Applied For Regular Registration Under Section 12Ab As Well As Approval Under Section 80G(5).

Section 12ASection 80GSection 80G(5)

Shri Gurukul Chittorgarh, Chittorgarh vs. CIT(E), Jaipur

In the result, the appeal of the assessee is allowed

ITA 849/JODH/2026[NA]Status: DisposedITAT Jodhpur12 Aug 2026

Bench: Shri Amit Shukla, Hon’Ble & Shri Girish Agrawal, Hon’Bleshri Gurukul Chittorgarh Cit Exemption Kalani & Co. Llp, Chartered Jaipur Accountants, 5Th Floor, Milestone Building, Gandhinagar Turn, Tonk Road, Jaipur-302015 Pan No. Aadts 2321 K Assessee By Yogesh Parwal, Ca (Virtual) Revenue By O.P. Meena. Cit-Dr (Physical) Date Of Hearing 12 / 08 / 2026. Date Of Pronouncement 12 / 08 / 2026. Order Per Bench: The Aforesaid Appeal Has Been Filed By The Assessee Against The Impugned Order Dated 24.03.2026 Passed By The Ld. Commissioner Of Income Tax (Exemption), Jaipur, Whereby The Application Filed By The Assessee In Form No. 10Ab Seeking Approval Under Section 80G(5) Of The Income-Tax Act, 1961 Has Been Rejected. From A Perusal Of The Impugned Order, It Is Seen That The Assessee Had Filed Its Application On 29.09.2025 Seeking Approval Under Section 80G(5). During The Course Of Proceedings, A Deficiency Letter Dated 31.01.2026 Was Issued To The 2 Asst. Year: Na Assessee, In Response To Which A Reply Was Duly Furnished. The Ld. Cit(E), However, Rejected The Application Essentially On The Solitary Ground That The Assessee Did Not Possess A Valid Registration Under Section 12A/12Ab For The Period For Which Approval Under Section 80G Had Been Sought. According To The Ld. Cit(E), Registration Under Section 12A/12Ab Or Notification Under Section 10(23C) Was A Precondition For Grant Of Approval Under Section 80G And, Since According To Him The Assessee Did Not Have A Valid Registration Under Section 12Ab, The Application Was Held To Be Ineligible & Accordingly Rejected.

Section 10Section 12ASection 3Section 80GSection 80G(5)Section 80G(5)(i)

Maa Bhagwati Vikas Sansthan, Kumawatpura, Surajpole, Udaipur vs. CIT Exemption, Jaipur, Income Tax Department

In the result, the appeal of the assessee is allowed

ITA 792/JODH/2026[2025-26]Status: DisposedITAT Jodhpur12 Aug 2026AY 2025-26

Bench: Shri Amit Shukla, Hon’Ble & Shri Girish Agrawal, Hon’Blemaa Bhagwati Vikas Sansthan Cit Exemption 73, Kumawatpura, Surajpole, Jaipur Udaipur-313001 Pan No. Aabtm 7025 N Assessee By Amit Kothari, Ca (Physical) Revenue By O.P. Meena. Cit-Dr (Physical) Date Of Hearing 12 / 08 / 2026. Date Of Pronouncement 12 / 08 / 2026. Order Per Bench: The Aforesaid Appeal Has Been Filed By The Assessee Against The Impugned Order Dated 21.03.2026 Passed By The Ld. Commissioner Of Income Tax (Exemption), Jaipur, Whereby The Application Filed By The Assessee Seeking Approval Under Section 80G(5) Of The Income-Tax Act, 1961 Has Been Rejected. From A Perusal Of The Impugned Order, It Is Seen That The Assessee Had Filed An Application In Form No. 10Ab On 01.09.2025 Seeking Approval Under Clause (Ii) Of The First Proviso To Section 80G(5). The Ld. Cit(E), While Examining The Application, Proceeded On The Premise That The Assessee Was Not Already Approved Under Section 80G(5) And, Therefore, Was Not Eligible To Make An Application Under The 2 Asst. Year: 2025-26 Aforesaid Clause. A Notice Was Accordingly Issued To The Assessee Requiring It To Justify Its Claim. However, The Ld. Cit(E), Not Being Satisfied With The Explanation Furnished, Ultimately Held That The Assessee Was Not Already Registered/Approved Under The Relevant Clause Of Section 80G(5) And, On This Basis, Rejected The Application As Being Deficient/Not Eligible.

Section 12ASection 80GSection 80G(5)