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

Educational Board of Vocational Training and Development, Kolkata vs. C.I.T.(Exemption), Kolkata

In the result, the appeal of the assessee-trust is treated as allowed for statistical purposes

ITA 756/KOL/2022[NA]Status: DisposedITAT Kolkata28 Apr 2023

Bench: Shri Sanjay Garg & Shri Girish Agrawali.T.A. No.756/Kol/2022 Educational Board Of Vocational Training & Development.......….……Appellant 238B, Acharya Jagadish Chandra Bose Road, L.R.Sarani, S.O, Kolkata-20. [Pan: Aabte2208F] Vs. Cit(Exemption), Kolkata.........……......................….........…...…..…..... Respondent Appearances By: Shri Avishek Tibrual, Ar, Appeared On Behalf Of The Appellant. Shri G. Hukugha Sema, Cit-Dr, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : April 26, 2023 Date Of Pronouncing The Order : April 28, 2023 आदेश / Order संजय गग", "या"यक सद"य "वारा / Per Sanjay Garg: The Captioned Appeal Has Been Preferred By The Assessee-Trust Against The Order Dated 28.10.2022 Of The Commissioner Of Income Tax (Exemption), Kolkata [Hereinafter Referred To As The ‘Cit(E)’]. 2. The Assessee Is Aggrieved By The Action Of The Cit(E) In Dismissing The Application Of The Assessee For Grant Of Approval U/S 80G(Iii) Of The Income Tax Act (Hereinafter Referred To As The ‘Act’). 3. At The Outset, The Ld. Counsel For The Assessee Has Invited Our Attention To The Impugned Order Of The Cit(E) To Submit That The Ld. Cit(E) Has Dismissed The Application Of The Assessee By A Two Line Order Mentioning That The Assessee Has Not Furnished Any Proof That It Had Applied In Form 10A For Provisional Registration & Further That The Assessee Has Not Obtained Any Order Of Provisional Registration In Form

Section 80G

Higher Education & Research Society, Kalyan vs. CIT (Exemption), Pune

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

ITA 3107/MUM/2022[2022-23]Status: DisposedITAT Mumbai21 Apr 2023AY 2022-23

Bench: Shri Aby T. Varkey, Jm & Shri Amarjit Singh, Am आयकर अपील सं/ I.T.A. Nos. 3107 & 3108/Mum/2022 (निर्धारण वर्ा / Assessment Year: 2022-23) Higher Education & बिधम/ Cit(Exemption), Pune Room No. 322, 3Rd Floor, Research Society Vs. A/2, 503, Punyodaya Park, Income Tax Office, Pmt Near Don Basco School, Building, Shankar Seth Road, Adharwadi, Jai Road, Pune-411037. Kalyan (West)-421301. स्थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aabth2529Q (अपीलाथी /Appellant) .. (प्रत्यथी / Respondent) Assessee By: Shri Prakash Marathe Revenue By: Dr. Mahesh Akhade (Dr) सुनवाई की तारीख / Date Of Hearing: 01/02/2023 घोषणा की तारीख /Date Of Pronouncement: 21/04/2023 आदेश / O R D E R Per Aby T. Varkey, Jm: These Are Appeal Preferred By The Assessee Trust Against The Action Of The Ld. Commissioner Of Income Tax (Exemptions), Pune Dated 30.09.2022, Wherein He Was Pleased To Reject The Applications Filed By The Assessee For Registration U/S 12Ab Of The Income Tax Act, 1961 (Hereinafter “The Act”) As Well As U/S 80G(5)(Iii) Of The Act. 2. The Main Grievance Of The Assessee Trust Is Against The Action Of The Ld. Cit(E) Not Granting Proper Opportunity To The Assessee Before Rejecting The Application U/S 12Ab & 80G Of The Act. 3. The Assessee (Higher Education & Research Society) Is Registered Under Societies Registration Act, 1860 Vide Registration No. Mah/651/2013/Thane Dated 04/04/2013 As Well As Under Mumbai Public Trust Act, 1950 Vide Registration No. F/27205/Thane

For Appellant: Shri Prakash MaratheFor Respondent: Dr. Mahesh Akhade (DR)
Section 12ASection 12A(1)(ac)Section 80G(5)(iii)