Section 80G of the Income Tax Act

Income-tax Act, 2025: s.133

Section 80G of the Income-tax Act, 1961 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 is Sole Trustee, Loka Shikshana Trust v. CIT (101 ITR 234), cited in 323 of the 6,482 judgments on BharatTax that turn on this section.

Leading authorities on Section 80G

Sole Trustee, Loka Shikshana Trust v. CIT
101 ITR 234 · 1975 · Supreme Court
323
citing judgments

This case defines 'education' under Section 2(15) of the Income Tax Act as systematic instruction, schooling, or training given to the young for preparation for the work of life. It clarifies that 'education' in this context has a narrow meaning, not extending to every acquisition of further knowledge.

CIT v. Nirav Modi
390 ITR 292 · 2017 · High Court
286
citing judgments

The Principal Commissioner of Income Tax (PCIT) cannot invoke revisionary powers under Section 263 merely on the ground of "inadequate enquiry" by the Assessing Officer (AO) if the AO has conducted an enquiry, examined evidence, and formed a possible view. For Section 263 to apply, the PCIT must demonstrate that the assessment order is both erroneous (contrary to law) and prejudicial to the revenue.

Vedabhai v. Santaram
253 ITR 798 · 2002 · Supreme Court
262
citing judgments

When substantial justice and technical considerations are in conflict, substantial justice should be prioritized. Condoning delay requires a cautious approach without malafide or dilatory tactics, and 'sufficient cause' should be interpreted liberally to advance substantial justice.

India Trade Promotion Organization v. DGIT(Exemption)
371 ITR 333 · 2015 · High Court
128
citing judgments

An institution engaged in the advancement of general public utility retains its charitable character and eligibility for exemptions under Section 11 or approval under Section 10(23C)(iv) provided profit is not its predominant motive, even if it generates incidental surpluses or collects fees.

Ananda Social and Educational Trust v. CIT
426 ITR 340 · 2020 · Supreme Court
116
citing judgments

For registration under Section 12AA, the Commissioner (Exemptions) must examine the objects of the trust and the genuineness of its proposed activities, even if the trust has not yet commenced actual charitable activities or incurred expenditure.

CIT v. ITC Ltd.
236 Taxmann 612 · 2016 · High Court
108
citing judgments

When computing deduction under Section 80IA, specifically for inter-unit transfer of power, the benefit cannot be claimed based on rates chargeable by distribution licensees to consumers. The deduction must be computed based on the rate fixed by the Tariff Regulation Commission for sale by electricity generating companies.

Dhanuka & Sons. v. CIT
339 ITR 319 · 2011 · High Court
100
citing judgments

Disallowance under Section 14A for expenditure incurred to earn exempt dividend income (under Section 10(34)) is permissible. The assessee bears the burden to show the source of funds for acquiring shares, regardless of whether those shares are old or recently acquired.

Velu Palandar v. DCIT
83 ITR 683 · 1972 · High Court
94
citing judgments

The opportunity of hearing provided to an assessee must be real, effective, and realistic, not merely notional, and tax authorities are incumbent to decide cases on their merits after affording due opportunity.

CIT v. Fine Jewellery (India) Ltd.
372 ITR 303 · 2015 · High Court
93
citing judgments

An assessment order is not erroneous and prejudicial to the revenue merely because it does not explicitly discuss an issue for which the Assessing Officer had raised queries and the assessee had provided a response. In such a scenario, the Principal Commissioner cannot invoke revisionary powers under Section 263.

JMS Mining (P.) Ltd. v. PCIT
130 Taxmann.com 118 · 2021 · ITAT
93
citing judgments

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).

Judgments on Section 80G

Construction Labours Welfare Trust, Chennai vs. ITO, Exemptions Ward-3, Chennai

In the result, both the appeals filed by the assessee are allowed for statistical purposes

ITA 2303/CHNY/2025[-]Status: DisposedITAT Chennai24 Oct 2025

Bench: Shri M. Balaganesh & Shri S.S. Viswanethra Raviआयकर अपील सं./I.T.A. Nos.2303 & 2302/Chny/2025 िनधा"रण वष"/Assessment Year: - Construction Labours Welfare Trust, Vs. The Income Tax Officer, No. 49, Nerkundram Pathai, Exemptions Ward 3, Vadapalani, Chennai 600 026. Chennai. [Pan: Aactc2116M] (अपीलाथ"/Appellant) (""थ"/Respondent) अपीलाथ" की ओर से / Appellant By : Shri Y. Sridhar, Ca ""थ" की ओर से/Respondent By : Shri C.N. Bipin, Cit सुनवाई की तारीख/ Date Of Hearing : 23.10.2025 घोषणा की तारीख /Date Of Pronouncement : 24.10.2025 आदेश /O R D E R Per S.S. Viswanethra Ravi: Both The Appeals Filed By The Assessee Are Directed Against Different Orders Dated 07.11.2024 & 08.11.2024 Passed By The Ld. Commissioner Of Income Tax (Exemption), Chennai Rejecting The Applications Dated 15.05.2024 In Form No. 10Ab Under Section 12A(1)(Ac)(Iii) Of The Income Tax Act, 1961 [“Act” In Short] Seeking Registration Under Section 12Ab Of The Act As Well As Seeking Approval Under Section 80G Of The Act Respectively.

For Appellant: Shri Y. Sridhar, CAFor Respondent: Shri C.N. Bipin, CIT
Section 12ASection 12A(1)(ac)Section 80GSection 80G(5)

Construction Labours Welfare Trust, Chennai vs. ITO, Exemption Ward-3, Chennai

In the result, both the appeals filed by the assessee are allowed for statistical purposes

ITA 2302/CHNY/2025[-]Status: DisposedITAT Chennai24 Oct 2025

Bench: Shri M. Balaganesh & Shri S.S. Viswanethra Raviआयकर अपील सं./I.T.A. Nos.2303 & 2302/Chny/2025 िनधा"रण वष"/Assessment Year: - Construction Labours Welfare Trust, Vs. The Income Tax Officer, No. 49, Nerkundram Pathai, Exemptions Ward 3, Vadapalani, Chennai 600 026. Chennai. [Pan: Aactc2116M] (अपीलाथ"/Appellant) (""थ"/Respondent) अपीलाथ" की ओर से / Appellant By : Shri Y. Sridhar, Ca ""थ" की ओर से/Respondent By : Shri C.N. Bipin, Cit सुनवाई की तारीख/ Date Of Hearing : 23.10.2025 घोषणा की तारीख /Date Of Pronouncement : 24.10.2025 आदेश /O R D E R Per S.S. Viswanethra Ravi: Both The Appeals Filed By The Assessee Are Directed Against Different Orders Dated 07.11.2024 & 08.11.2024 Passed By The Ld. Commissioner Of Income Tax (Exemption), Chennai Rejecting The Applications Dated 15.05.2024 In Form No. 10Ab Under Section 12A(1)(Ac)(Iii) Of The Income Tax Act, 1961 [“Act” In Short] Seeking Registration Under Section 12Ab Of The Act As Well As Seeking Approval Under Section 80G Of The Act Respectively.

For Appellant: Shri Y. Sridhar, CAFor Respondent: Shri C.N. Bipin, CIT
Section 12ASection 12A(1)(ac)Section 80GSection 80G(5)

Pharmzeal Charitable Foundation, Puducherry vs. JCIT, Exemption Ward-1, Chennai

In the result, both the appeals filed by the assessee are allowed for statistical purposes

ITA 2269/CHNY/2025[-]Status: DisposedITAT Chennai24 Oct 2025

Bench: Shri M. Balaganesh & Shri S.S. Viswanethra Raviआयकर अपील सं./I.T.A. Nos.2268 & 2269/Chny/2025 िनधा"रण वष"/Assessment Year: - Pharmzeal Charitable Foundation, Vs. The Joint Commissioner Of No. 66, Ponnagar, 3Rd Cross Street, Income Tax (Exemption), Reddiyarpalayam, Puducherry, Ward 1, Chennai. Pondicherry 605 010. [Pan: Aancp5296R] (अपीलाथ"/Appellant) (""थ"/Respondent) अपीलाथ" की ओर से / Appellant By : Shri R. Vijayaragahavan, Advocate ""थ" की ओर से/Respondent By : Shri C.N. Bipin, Cit सुनवाई की तारीख/ Date Of Hearing : 22.10.2025 घोषणा की तारीख /Date Of Pronouncement : 24.10.2025 आदेश /O R D E R Per S.S. Viswanethra Ravi: Both The Appeals Filed By The Assessee Are Directed Against Different Orders Dated 06.03.2024 Passed By The Ld. Commissioner Of Income Tax (Exemption), Chennai Rejecting The Applications Dated 28.09.2023 In Form No. 10Ab Under Section 12A(1)(Ac)(Iii) Of The Income Tax Act, 1961 [“Act” In Short] Seeking Registration Under Section 12Ab Of The Act As Well As Seeking Approval Under Section 80G Of The Act.

For Appellant: Shri R. Vijayaragahavan, AdvocateFor Respondent: Shri C.N. Bipin, CIT
Section 12ASection 12A(1)(ac)Section 80GSection 80G(5)

Pharmzeal Charitable Foundation, Puducherry vs. JCIT, Exemption Ward-1, Chennai

In the result, both the appeals filed by the assessee are allowed for statistical purposes

ITA 2268/CHNY/2025[-]Status: DisposedITAT Chennai24 Oct 2025

Bench: Shri M. Balaganesh & Shri S.S. Viswanethra Raviआयकर अपील सं./I.T.A. Nos.2268 & 2269/Chny/2025 िनधा"रण वष"/Assessment Year: - Pharmzeal Charitable Foundation, Vs. The Joint Commissioner Of No. 66, Ponnagar, 3Rd Cross Street, Income Tax (Exemption), Reddiyarpalayam, Puducherry, Ward 1, Chennai. Pondicherry 605 010. [Pan: Aancp5296R] (अपीलाथ"/Appellant) (""थ"/Respondent) अपीलाथ" की ओर से / Appellant By : Shri R. Vijayaragahavan, Advocate ""थ" की ओर से/Respondent By : Shri C.N. Bipin, Cit सुनवाई की तारीख/ Date Of Hearing : 22.10.2025 घोषणा की तारीख /Date Of Pronouncement : 24.10.2025 आदेश /O R D E R Per S.S. Viswanethra Ravi: Both The Appeals Filed By The Assessee Are Directed Against Different Orders Dated 06.03.2024 Passed By The Ld. Commissioner Of Income Tax (Exemption), Chennai Rejecting The Applications Dated 28.09.2023 In Form No. 10Ab Under Section 12A(1)(Ac)(Iii) Of The Income Tax Act, 1961 [“Act” In Short] Seeking Registration Under Section 12Ab Of The Act As Well As Seeking Approval Under Section 80G Of The Act.

For Appellant: Shri R. Vijayaragahavan, AdvocateFor Respondent: Shri C.N. Bipin, CIT
Section 12ASection 12A(1)(ac)Section 80GSection 80G(5)