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

Recycle India Foundation, Kolkata vs. CIT(Exemption), Kolkata

In the result, appeal of the assessee is allowed

ITA 1473/KOL/2023[00]Status: DisposedITAT Kolkata02 May 2024

Bench: Dr. Manish Borad, Hon’Ble & Shri Sanjay Garg, Hon’Blei.T.A. No. 1472 & 1473/Kol/2023 Recycle India Foundation Cit (Exemption), Kolkata 230A, Ajc Bose Road Vs 4Th Floor, Unit-42 Chitrakoot Building Kolkata - 700020 [Pan : Aadtr9420N] अपीलाथ"/ (Appellant) "" यथ"/ (Respondent) Assessee By : Shri Ramesh Patodia, Advocate Revenue By : Shri Abhijit Kundu, Cit, D/R सुनवाई क" तारीख/Date Of Hearing : 10/04/2024 घोषणा क" तारीख /Date Of Pronouncement: 02/05/2024 आदेश/O R D E R Per Dr. Manish Borad: Both These Appeals Are Directed At The Instance Of The Assessee Against The Separate Orders Of The Learned Commissioner Of Income Tax (Exemptions), (Hereinafter The “Ld. Cit(E)”) Dt. 09/02/2023 & 29/08/2023. 2. At The Outset, We Find That Ita No. 1472/Kol/2023, Challenging The Impugned Order Of The Ld. Cit(E) Rejecting The Application Of The Assessee For Registration Under Clause (Ii) Of Section 80G Of The Income Tax Act, 1961 (Hereinafter ‘The Act’) Filed In Form 10Ab Dt. 24/09/2022, To Be Non-Maintainable On The Ground That The Assessee Has Filed Another Application, Seeking Registration U/S Under Clause (Ii) Of Section 80G Of The Act Filed In Form 10Ab Dt. 15/02/2023. We, However, Find No Reason To Interfere With Such Finding & Decision Of The Ld. Cit(E) Curbing

For Appellant: Shri Ramesh Patodia, AdvocateFor Respondent: Shri Abhijit Kundu, CIT, D/R
Section 80GSection 80G(5)Section 80G(5)(iii)

Recycle India Foundation, Kolkata vs. CIT(Exemption), Kolkata

In the result, appeal of the assessee is allowed

ITA 1472/KOL/2023[00]Status: DisposedITAT Kolkata02 May 2024

Bench: Dr. Manish Borad, Hon’Ble & Shri Sanjay Garg, Hon’Blei.T.A. No. 1472 & 1473/Kol/2023 Recycle India Foundation Cit (Exemption), Kolkata 230A, Ajc Bose Road Vs 4Th Floor, Unit-42 Chitrakoot Building Kolkata - 700020 [Pan : Aadtr9420N] अपीलाथ"/ (Appellant) "" यथ"/ (Respondent) Assessee By : Shri Ramesh Patodia, Advocate Revenue By : Shri Abhijit Kundu, Cit, D/R सुनवाई क" तारीख/Date Of Hearing : 10/04/2024 घोषणा क" तारीख /Date Of Pronouncement: 02/05/2024 आदेश/O R D E R Per Dr. Manish Borad: Both These Appeals Are Directed At The Instance Of The Assessee Against The Separate Orders Of The Learned Commissioner Of Income Tax (Exemptions), (Hereinafter The “Ld. Cit(E)”) Dt. 09/02/2023 & 29/08/2023. 2. At The Outset, We Find That Ita No. 1472/Kol/2023, Challenging The Impugned Order Of The Ld. Cit(E) Rejecting The Application Of The Assessee For Registration Under Clause (Ii) Of Section 80G Of The Income Tax Act, 1961 (Hereinafter ‘The Act’) Filed In Form 10Ab Dt. 24/09/2022, To Be Non-Maintainable On The Ground That The Assessee Has Filed Another Application, Seeking Registration U/S Under Clause (Ii) Of Section 80G Of The Act Filed In Form 10Ab Dt. 15/02/2023. We, However, Find No Reason To Interfere With Such Finding & Decision Of The Ld. Cit(E) Curbing

For Appellant: Shri Ramesh Patodia, AdvocateFor Respondent: Shri Abhijit Kundu, CIT, D/R
Section 80GSection 80G(5)Section 80G(5)(iii)

The Earth Trust, Nilgiris vs. Commissioner of Income Tax, Chennai

In the result, these Writ Petitions are allowed on the following terms: -

ITA 423/CHNY/2024[2024-2025]Status: DisposedITAT Chennai01 May 2024AY 2024-2025

Bench: Hon’Ble Shri Manoj Kumar Aggarwal, Am & Hon’Ble Shri Manu Kumar Giri, Jm आयकरअपील सं./ Ita No.423/Chny/2024 The Earth Trust Cit (Exemptions) 13/19A6. Hema Cottage Chennai – 600 034 बनाम/ Vs. Bharati Nagar, Ketty Post The Nilgiris (Tn) – 643 215 "थायीलेखासं./जीआइआरसं./Pan/Gir No. Aabtt-2225-K (अपीलाथ"/Appellant) : (" थ" / Respondent) अपीलाथ" कीओरसे/ Appellant By : Shri Shyam Sundar (Advocate) – Ld. Ar " थ"कीओरसे/Respondent By : Shri Nilay Baran Som (Cit) – Ld. Sr. Dr सुनवाई की तारीख/Date Of Hearing : 29-04-2024 घोषणा की तारीख /Date Of Pronouncement : 01-05-2024 आदेश / O R D E R Manoj Kumar Aggarwal () 1. Aggrieved By Rejection Of An Application Filed In Form No.10Ab On 02.06.2023 For Seeking Approval Under Clause (Iii) Of First Proviso To Sub-Section (5) Of Sec.80G Vide Impugned Order Dated 27.12.2023, The Assessee Is In Further Appeal Before Us. 2. From The Record, It Emerges That The Assessee Trust Filed An Application In Form No.10Ab On 02.06.2023 Seeking Registration Under Clause (Iii) Of First Proviso To Sub-Section (5) Of Sec.80G. It Transpired

For Appellant: Shri Shyam Sundar (Advocate) – Ld. ARFor Respondent: Shri Nilay Baran Som (CIT) – Ld. Sr. DR
Section 10Section 80GSection 80G(5)(iii)Section 80G(5)(iv)