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

Shree Tulja Bhavani Charitable Trust, Junagadh vs. The ITO Exemption WD 1, Rajkot

In the result, both appeals of the assessee are allowed for statistical purposes

ITA 490/RJT/2026[NA]Status: DisposedITAT Rajkot30 Jun 2026

Bench: Dr. Arjun Lal Saini & Shri Sonjoy Sarmaआयकरअपीलसं./Ita No. 489&490/Rjt/2026 ("नधा"रणवष"/Assessment Year: (2025-26) Shree Tulja Bhavani Charitable The Ito Exemption Wd 1, Trust Rajkot Vs. Shop No-12 Janakpuri Shoping Income Tax Office, Centre, Opрвава Complex Aaykarbhavan, Race Course Zanzarda Road, Junagadh 362001 Ring Road, Rajkot, Rajkot Gujarat Gujarat 360001 "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Aazts4152Q (अपीलाथ"/Appellant) (""यथ"/Respondent) Appellant By : Shri Brijesh Parekh, Ld. Ar & Ajay Pathar, Ld. Ar Respondent By : Shri Gopi Nath Chubey, Ld. Sr. Dr Date Of Hearing : 24/06/2026 30/06/2026 Date Of Pronouncement : Order Per, Shri Sonjoy Sarma, Jm: These Appeals Have Been Filed By The Same Assessee. Ita No. 489/Rajkot/2026 Relates To An Application Filed Under Section 80G Of The Income Tax Act, 1961, Whereas Ita No. 490/Rajkot/2026 Relates To An Application Made Under Section 12A Of The Act By The Assessee Before The Learned Commissioner Of Income Tax (Exemption), Ahmedabad, Against Separate Orders Dated 09.03.2026. Ita No.489&490/Rjt/2026 [ Ay 2025-26 ]

For Appellant: Shri Brijesh Parekh, Ld. AR and AjayFor Respondent: Shri Gopi Nath Chubey, Ld. Sr. DR
Section 12ASection 80GSection 80G(5)

Shree Tulja Bhavani Charitable Trust, Junagadh vs. ITO Exemption WD 1, Rajkot

In the result, both appeals of the assessee are allowed for statistical purposes

ITA 489/RJT/2026[NA]Status: DisposedITAT Rajkot30 Jun 2026

Bench: Dr. Arjun Lal Saini & Shri Sonjoy Sarmaआयकरअपीलसं./Ita No. 489&490/Rjt/2026 ("नधा"रणवष"/Assessment Year: (2025-26) Shree Tulja Bhavani Charitable The Ito Exemption Wd 1, Trust Rajkot Vs. Shop No-12 Janakpuri Shoping Income Tax Office, Centre, Opрвава Complex Aaykarbhavan, Race Course Zanzarda Road, Junagadh 362001 Ring Road, Rajkot, Rajkot Gujarat Gujarat 360001 "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Aazts4152Q (अपीलाथ"/Appellant) (""यथ"/Respondent) Appellant By : Shri Brijesh Parekh, Ld. Ar & Ajay Pathar, Ld. Ar Respondent By : Shri Gopi Nath Chubey, Ld. Sr. Dr Date Of Hearing : 24/06/2026 30/06/2026 Date Of Pronouncement : Order Per, Shri Sonjoy Sarma, Jm: These Appeals Have Been Filed By The Same Assessee. Ita No. 489/Rajkot/2026 Relates To An Application Filed Under Section 80G Of The Income Tax Act, 1961, Whereas Ita No. 490/Rajkot/2026 Relates To An Application Made Under Section 12A Of The Act By The Assessee Before The Learned Commissioner Of Income Tax (Exemption), Ahmedabad, Against Separate Orders Dated 09.03.2026. Ita No.489&490/Rjt/2026 [ Ay 2025-26 ]

For Appellant: Shri Brijesh Parekh, Ld. AR and AjayFor Respondent: Shri Gopi Nath Chubey, Ld. Sr. DR
Section 12ASection 80GSection 80G(5)

Sparc Samudaya Nirman Sahayak, Mumbai vs. DCIT (Exemptions), Circle-2, Mumbai

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

ITA 3988/MUM/2026[N.A.]Status: DisposedITAT Mumbai30 Jun 2026

Bench: Shri Saktijit Dey & Shri Makarand Vasant Mahadeokar1. Ita No. 3987/Mum/2026 (Assessment Year: N.A.) 2. Ita No. 3988/Mum/2026 (Assessment Year: N.A.) Sparc Samudaya Dcit (Exemptions), Nirman Sahayak Circle-2 Vs. 503, Jolly Bhavan No. 6Th Floor, Cumblla Hill, 1, New Marine Lines, Mtnl Building, Pedder Churchgate, Mumbai- Road,Mumbai-400026, 400020, Maharashtra Maharashtra Pan/Gir No. Aabts8659N (Applicant) (Respondent) Assessee By Shri Dharmesh Shah & Ms. Mitali M.Parekh, Ld. Ars Revenue By Shri Yogesh Kamat, Ld. Dr Date Of Hearing 25.06.2026 Date Of Pronouncement 30.06.2026 आदेश / Order Per Makarand Vasant Mahadeokar, Am: These Two Appeals Preferred By The Assessee Are Directed Against Two Separate Orders, Both Dated 04.03.2026, Passed By The Learned Commissioner Of Income Tax (Exemptions), Mumbai [“The Learned Cit(E)”]. In Ita No. 3987/Mum/2026, The Assessee Has Challenged The Rejection Of Its Application For Renewal Of Registration Under Section 12Ab Of The Income-Tax Act, 1961 [“The Act”]. In Ita No. 3988/Mum/2026, The Assessee Has Challenged The Rejection Of Its Application For Renewal Of Approval Under Section 80G Of The Act. Since The Appeals Arise Out Of The Same Set Of Facts & The Order Under Section 80G Is Consequentially Founded Upon The Rejection Of The Application Under Section 12Ab, Both Appeals Were Heard Together & Are Being Disposed Of By This Consolidated Order.

Section 12ASection 12A(1)(ac)Section 80GSection 80G(5)Section 80G(5)(i)

Sparc Samudaya Nirman Sahayak, Mumbai vs. DCIT (Exemptions), Circle-2, Mumbai

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

ITA 3987/MUM/2026[N.A.]Status: DisposedITAT Mumbai30 Jun 2026

Bench: Shri Saktijit Dey & Shri Makarand Vasant Mahadeokar1. Ita No. 3987/Mum/2026 (Assessment Year: N.A.) 2. Ita No. 3988/Mum/2026 (Assessment Year: N.A.) Sparc Samudaya Dcit (Exemptions), Nirman Sahayak Circle-2 Vs. 503, Jolly Bhavan No. 6Th Floor, Cumblla Hill, 1, New Marine Lines, Mtnl Building, Pedder Churchgate, Mumbai- Road,Mumbai-400026, 400020, Maharashtra Maharashtra Pan/Gir No. Aabts8659N (Applicant) (Respondent) Assessee By Shri Dharmesh Shah & Ms. Mitali M.Parekh, Ld. Ars Revenue By Shri Yogesh Kamat, Ld. Dr Date Of Hearing 25.06.2026 Date Of Pronouncement 30.06.2026 आदेश / Order Per Makarand Vasant Mahadeokar, Am: These Two Appeals Preferred By The Assessee Are Directed Against Two Separate Orders, Both Dated 04.03.2026, Passed By The Learned Commissioner Of Income Tax (Exemptions), Mumbai [“The Learned Cit(E)”]. In Ita No. 3987/Mum/2026, The Assessee Has Challenged The Rejection Of Its Application For Renewal Of Registration Under Section 12Ab Of The Income-Tax Act, 1961 [“The Act”]. In Ita No. 3988/Mum/2026, The Assessee Has Challenged The Rejection Of Its Application For Renewal Of Approval Under Section 80G Of The Act. Since The Appeals Arise Out Of The Same Set Of Facts & The Order Under Section 80G Is Consequentially Founded Upon The Rejection Of The Application Under Section 12Ab, Both Appeals Were Heard Together & Are Being Disposed Of By This Consolidated Order.

Section 12ASection 12A(1)(ac)Section 80GSection 80G(5)Section 80G(5)(i)