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

Sampark, Sailasree Vihar, Bhubaneswar vs. Commissioner-of-Income Tax(Exemption), Hyderabad

In the result, appeals of the assessee stand allowed for statistical purposes

ITA 133/CTK/2025[2023-24]Status: DisposedITAT Cuttack01 Jul 2025AY 2023-24

Bench: S/ S/Shri Duvvuru Rl Reddy(Kz) Rl Reddy(Kz) & And Rajesh Kumarita No.133/Ctk/2025 Assessment Year :2023-24 Samprak Vs. Cit(Exemption), Hyderabad Cit(Exemption), Hyderabad At: At: 311/4370, 311/4370, Niladri Niladri Vihar, Vihar, Sailashree Vihar, Vihar, Bhubaneswar 751021 Pan/Gir No. Aaajs 3164 R (Appellant (Appellant) .. ( Respondent Respondent) Assessee By : Shri : Shri Sanjay Behura & Ananta Narayan Singhbabu Narayan Singhbabu, Ars Re Revenue By : Shri Ashim Kr Chakraborthy, Ashim Kr Chakraborthy, Cit Dr Date Of Hearing : 01/07/202 /2025 Date Of Pronouncement : 01/07/202 /2025 O R D E R Per Bench The Present Appeal The Present Appeals Are Directed At The Instance Of Assessee Directed At The Instance Of Assessee Against The Order Of Ld. Com The Order Of Ld. Commissioner Of Income Tax (E)), Hyderabad Dated 09/12/2024 In Appeal No.Cit(Exemption),Hyd/2024 Cit(Exemption),Hyd/2024-25/12Aa/11704, Rejecting The Application For Grant Of Registration U/S. Rejecting The Application For Grant Of Registration U/S.12Ab 12Ab & Dated 11/12/2024 11/12/2024 In In Appeal Appeal No. No.Cit(Exemption),Hyd/2024 Exemption),Hyd/2024-25/12Aa/11703 Rejecting The Application For Grant Of Registration U/S. 80G Of The Act, Passed Rejecting The Application For Grant Of Registration U/S. 80G Of The Act, Rejecting The Application For Grant Of Registration U/S. 80G Of The Act, For Assessment Year For Assessment Year 2023-24. P A G E 1 | 4 Ita No.133/Ctk/2025 Assessment Year :2023-24

For Appellant: ShriFor Respondent: Shri Ashim Kr Chakraborthy
Section 11Section 12Section 12ASection 80G

Radhakrishna Gou Seva Samiti, Balasore vs. Commissioner of Income Tax(Exemption), Hyderabad

In the result, appeal of the assessee stands allowed for statistical purposes

ITA 126/CTK/2025[2025-26]Status: DisposedITAT Cuttack01 Jul 2025AY 2025-26

Bench: S/ S/Shri Duvvuru Rl Reddy(Kz) Rl Reddy(Kz) & And Rajesh Kumar Assessment Year : 2025-26 Radhakrishna Gou Seva Samiti Radhakrishna Gou Seva Samiti Vs. Cit( Exemption), Hyderabad Cit( Exemption), Hyderabad Dwarka Prasad More Dwarka Prasad More At: Vivekananda Marg Vivekananda Marg P.O. Srikanthapur P.O. Srikanthapur Dist: Balasore, 756001 756001 Pan/Gir No. Aactr 5291 A (Appellant (Appellant) .. ( Respondent Respondent) Assessee By : Shri P.K. Mishra, Adv Mishra, Adv Re Revenue By : Shri Ashim Kr Chakraborty, Ashim Kr Chakraborty, Cit Dr Date Of Hearing : 01/07/202 /2025 Date Of Pronouncement : 01/07/202 /2025 O R D E R Per Bench The Present Appeal Is Directed At The Instance Of Assessee Against The The Present Appeal Is Directed At The Instance Of Assessee Against The The Present Appeal Is Directed At The Instance Of Assessee Against The Order Of Ld. Com Order Of Ld. Commissioner Of Income Tax (Exemptions),Hyderabad Hyderabad Dated 12/12/2024 In Appeal No.Cit(Exemption),Hyd/2024 ),Hyd/2024-25/12Aa/12296 Passed For Assessment Year Passed For Assessment Year 2025-26. 2. Facts Of The Case Are That The Assessee Facts Of The Case Are That The Assessee Has Filed E-Application In Form Application In Form No.10Ab Seeking Registration U/S.80G Of The Income Tax Act, 1961. Ld No.10Ab Seeking Registration U/S.80G Of The Income Tax Act, 1961. Ld No.10Ab Seeking Registration U/S.80G Of The Income Tax Act, 1961. Ld Cit(E) Issued Notice To The Appellant Trust To Produce Memorandum Of Cit(E) Issued Notice To The Appellant Trust To Produce Memorandum Of Cit(E) Issued Notice To The Appellant Trust To Produce Memorandum Of P A G E 1 | 4 Assessment Year : 2025-26

For Appellant: Shri P.K. Mishra, AdvFor Respondent: Shri Ashim Kr Chakraborty
Section 80GSection 80G(5)(iii)

Anisha Charitable Foundation, Patna vs. CIT (Exemption), Patna

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

ITA 71/PAT/2025[2025-26]Status: DisposedITAT Patna30 Jun 2025AY 2025-26

Bench: Shri George Mathan & Shri Sanjay Awasthiआयकर अपील सं/Ita No.71/Pat/2025 (नििाारण वर्ा / Assessment Year : 2025-2026) Anishal Charitable Foundation Vs Cit(Exemtpion), Patna 402, Niharika Apartment, Bailey Road, Sheikhpura, Patna Pan No. :Aavca 8490 L (अपीलार्थी /Appellant) .. (प्रत्यर्थी / Respondent) नििााररती की ओर से /Assessee By : Shri Aman Raja, Ar राजस्व की ओर से /Revenue By : Shri Rajat Datta, Cit-Dr सुनवाई की तारीख / Date Of Hearing : 26/06/2025 घोषणा की तारीख/Date Of Pronouncement : 30/06/2025 आदेश / O R D E R Per Bench : This Is An Appeal Filed By The Assessee Against The Order Of The Id. Cit(Exemption), Patna, Dated 26.12.2024, Passed In Din & Order No.Itba/Exm/F/Exm45/2024-25/1071595945(1) For The Assessment Year 2025-2026, Denying The Assessee The Benefit Of Recognition U/S.80G Of The Act. 2. It Was Submitted By The Ld. Ar That The Ld. Cit€ Has Denied The Recognition U/S.80G Of The Act On The Ground That The Assessee Has Filed Wrong Form. It Was The Submission That The Assessee Has Been Granted Permanent Registration U/S.12A Of The Act. It Was The Prayer That The Issue May Be Restored To The File Of The Ld. Cit(E) With Liberty To Assessee To Rectify The Mistakes/Defects In The Application For The Recognition U/S.80G Of The Act.

For Appellant: Shri Aman Raja, ARFor Respondent: Shri Rajat Datta, CIT-DR
Section 12ASection 80G