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

Project Swarajya, Cuttack vs. Commissioner-of-Income Tax(Exemption), Hyderabad

In the result, appeal of the assessee is partly allowed for statistical purposes

ITA 411/CTK/2025[2024-25]Status: DisposedITAT Cuttack14 Aug 2025AY 2024-25

Bench: Shri George Mathan & Shri Rajesh Kumarआयकर अपील सं/Ita No.411/Ctk/2025 (नििाारण वर्ा / Assessment Year : 2024-2025) Project Swarajya, Vs Cit(Exemption), Hyderabad Ganesh Ghat, Chandini Chowk, Bhakhrabad, Cuttack-753002 Pan No. : Aaatp 3816 F (अपीलार्थी /Appellant) .. (प्रत्यर्थी / Respondent) नििााररती की ओर से /Assessee By : Shri Ananta Narayan Singhbabu, Adv. राजस्व की ओर से /Revenue By : Shri Ashim Kumar Chakraborty, Cit-Dr सुनवाई की तारीख / Date Of Hearing : 14/08/2025 घोषणा की तारीख/Date Of Pronouncement : 14/08/2025 आदेश / O R D E R Per Bench : This Is An Appeal Filed By The Assessee Against The Order, Dated 25.06.2025 Passed By The Ld. Cit(Exemption), Hyderabad For The Assessment Year 2024-2025, Thereby Rejecting The Assessee’S Claim For Registration U/S.80G Of The Act. 2. It Was Submitted By The Ld. Ar That The Assessee Had Applied In Form 10Ab Seeking Registration U/S.80G Of The Act. It Was The Submission That The Ld.Cit(E) Has Rejected The Application For Registration On Account Of Delay In Filing Form 10Ab. It Was The Submission That No Opportunity Was Granted To The Assessee To Explain The Delay. It Was The Prayer That The Issues May Be Restored To The File Of Ld. Cit(E) So That The Assessee Could Explain The Delay.

For Appellant: Shri Ananta Narayan Singhbabu, AdvFor Respondent: Shri Ashim Kumar Chakraborty, CIT-DR
Section 80G

Sri Sri Jadimahal Youth Club, Talakia vs. Commissioner-of-Income Tax(Exemption), Hyderabad

In the result, appeal of the assessee is partly allowed for statistical purposes

ITA 410/CTK/2025[2024-25]Status: DisposedITAT Cuttack14 Aug 2025AY 2024-25

Bench: Shri George Mathan & Shri Rajesh Kumarआयकर अपील सं/Ita No.410/Ctk/2025 (नििाारण वर्ा / Assessment Year : 2024-2025) Sri Sri Jadimahal Youth Club, Vs Cit(Exemption), Hyderabad At: Talakia, Po-Oupada, Via- Oupada, Dist-Balasore-756049 Pan No. : Aagts 5866 C (अपीलार्थी /Appellant) .. (प्रत्यर्थी / Respondent) नििााररती की ओर से /Assessee By : Shri Ananta Narayan Singhbabu, Adv. राजस्व की ओर से /Revenue By : Shri Ashim Kumar Chakraborty, Cit-Dr सुनवाई की तारीख / Date Of Hearing : 14/08/2025 घोषणा की तारीख/Date Of Pronouncement : 14/08/2025 आदेश / O R D E R Per Bench : This Is An Appeal Filed By The Assessee Against The Order, Dated 17.06.2025 Passed By The Ld. Cit(Exemption), Hyderabad For The Assessment Year 2024-2025, Thereby Rejecting The Assessee’S Claim For Registration U/S.80G Of The Act. 2. The Appeal Of The Assessee Is Barred By 325 Days. In This Regard, The Assessee Has Filed An Application For Condonation Of Delay Supported With An Affidavit Stating Therein Sufficient Reasons For Delay, Which Are Plausible & Not Found To Be False. Ld. Sr. Dr Also Did Not Raise Any Serious Objection To Condone The Delay. Accordingly, Delay Of 325 Days In Filing The Present Appeal By The Assessee Is Condoned & The Appeal Is Admitted For Hearing.

For Appellant: Shri Ananta Narayan Singhbabu, AdvFor Respondent: Shri Ashim Kumar Chakraborty, CIT-DR
Section 80G