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

Ananda Siksha Niketan, Kolkata vs. CIT (Exemption), Kolkata

In the result, the appeal of the assessee is allowed

ITA 2064/KOL/2017[---------------]Status: DisposedITAT Kolkata26 Sept 2018

Bench: Shri P.M. Jagtap, Am & Shri S.S. Godara, Jm] I.T.A. No. 2064/Kol/2017 Ananda Siksha Niketan...............................…………………………................................Appellant D.J. Shah & Co, 2, Elgin Road, Kolkata – 700 020. [Pan: Aacaa 2299 L] Cit (Exemption Kolkata...................…………………………………………..................Respondent 10B, Middleton Row, 6Th Floor, Kolkata – 700 071. Appearances By: Shri M.D. Shah, Ld. Ar Appearing On Behalf Of The Assessee. Shri A.K. Tiwari, Cit (Dr) Appearing On Behalf Of The Revenue. Date Of Concluding The Hearing : September 19, 2018 Date Of Pronouncing The Order : September 26, 2018 Order Per P.M. Jagtap, Am This Appeal Filed By The Assessee Is Directed Against The Order Of Ld. Cit(Exemption), Kolkata Dated 22.08.2017 Whereby He Rejected The Application Of The Assessee For Approval U/S 80G Of The Income Tax Act, 1961. 2. We Have Heard The Arguments Of Both The Sides & Also Perused The Relevant Material Available On Record. It Is Observed That The Application Of The Assessee For Approval U/S 80G Has Been Rejected By The Ld. Cit(Exemption) Vide His Impugned Order Dated 22.08.2017 For The Sole Reason That The Assessee Did Not Submit A Copy Of Registration U/S 12Aa Of The Income Tax Act. As Submitted By The Learned Counsel For The Assessee, The Registration U/S 12Aa Was Granted By The Same Ld. Cit(Exemption) Vide An Order Passed On The Same Date I.E. 22.08.2017, But This Vital Fact Was Completely

Section 12ASection 80G

Shree Tapeshwar Hanumanji Bajarang Charity Trust, Umbergam vs. The CIT, Valsad

In the result, appeal of the assessee is allowed

ITA 3503/AHD/2014[2014-15]Status: DisposedITAT Surat25 Jul 2018AY 2014-15

Bench: Shri C.M.Garg & Shri O.P.Meenaआ.अ.सं./I.T.A No.3503/Ahd/2014/Srt िनधा"रण वष"/Assessment Year : 2014-15 Shree Tapeshwar Hanumanji Vs. Commissionert Of Income-Tax, Bajrang Charity Trust, Valsad. At & Po. Kalay, Kanglav, Via Bhilad, Umbergaon, Gujarat State. [Pan: Aakts 9068 E] अपीलाथ" Appellant ""यथ"/Respondent िनधा"रती क" ओर से /Assessee By Shri A. Gopalkrishnan, Ca राज"व क" ओर से /Revenue By Shri Sriniwas T. Bidari, Cit-Dr 13.07.2018 सुनवाई क" तारीख/ Date Of Hearing: 31.07.2018 उ"ोषणा क" तारीख/Pronouncement On आदेश /O R D E R Per O. P. Meena, Accoutant Member: 1. This Appeal Filed By The Assessee Directed Against The Order Of Learned Commissioner Of Income Tax, [Cit], Valsad, Dated 10.11.2014. 2. The Assessee Has Taken Following Ground Of Appeal : “1. On Appreciation Of The Facts & Circumstances Of The Case, The Order Passed By The Honorable Commissioner Of Income Tax Rejecting The Application For Issue Of Certificate U/S.80G Of The Act Is Contrary To Facts & Law & Prejudicial To The Appellant. 2. On Appreciation Of The Facts & Circumstances Of The Case, The Honorable Commissioner Of Income Tax Has Erred In Rejecting The Application For Issue Of Certificate U/S.80G To The Appellant Without Granting Sufficient Opportunity For Hearing & Without Issuing A Speaking Order. The Trust Had Duly Filed Application For Obtaining Registration U/S.12A & Therefore The Action Of The Honorable Commissioner Of Income

Section 12ASection 80GSection 80G(5)Section 80G(5)(vi)