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

Imppa Welfare Trust, Mumbai vs. ITO (Exemption) Ward 1(3), Mumbai

In the result, ITA No.1999/Mum/2026 is dismissed as having become infructuous, whereas ITA No

ITA 2000/MUM/2026[N.A ]Status: DisposedITAT Mumbai08 Jun 2026

Bench: Shri Anikesh Banerjee& Shri Makarand Vasant Mahadeokar1. Ita No. 1999/Mum/2026 (Assessment Year: N.A.) 2. Ita No. 2000/Mum/2026 (Assessment Year: N.A.) Imppa Welfare Trust Ito (Exemptions), Imppa House, Dr. Ward-1(3), Mumbai Ambedkar Road, Vs. Room No. 619, 6Th Bandra (W), Mumbai, Floor, Cumballa Hill Maharashtra-400 050 Mtnl Building, Pedder Road, Mumbai-400 026 Pan/Gir No. Aaati0713J (Applicant) (Respondent) Assessee By Shri Mitali Parekh, Ld. Ar Revenue By Shri R. A. Dhyani, Ld. Dr Date Of Hearing 14.05.2026 Date Of Pronouncement 08.06.2026 आदेश / Order Per Makarand Vasant Mahadeokar, Am: These Two Appeals Are Directed Against Separate Orders Passed By The Commissioner Of Income Tax (Exemptions), Mumbai [Hereinafter Referred To As “The Cit(E)”], Both Dated 18.02.2026, Whereby The Application Of The Assessee-Trust Seeking Renewal Of Registration Under Section 12Ab Of The Income Tax Act, 1961 (“The Act”) & Consequential Application Seeking Approval Under Section 80G Of The Act Came To Be Rejected.Since The Issues Involved In Both The Appeals Arise Out Of Common Facts & Were Heard Together, The Same Are Disposed Of By This Consolidated Order For The Sake Of Convenience.

Section 11Section 12ASection 12A(1)(ac)Section 80GSection 80G(5)Section 80G(5)(i)

Imppa Welfare Trust, Mumbai vs. ITO (Exemptions) Ward 1(3), Mumbai

In the result, ITA No.1999/Mum/2026 is dismissed as having become infructuous, whereas ITA No

ITA 1999/MUM/2026[N.A ]Status: DisposedITAT Mumbai08 Jun 2026

Bench: Shri Anikesh Banerjee& Shri Makarand Vasant Mahadeokar1. Ita No. 1999/Mum/2026 (Assessment Year: N.A.) 2. Ita No. 2000/Mum/2026 (Assessment Year: N.A.) Imppa Welfare Trust Ito (Exemptions), Imppa House, Dr. Ward-1(3), Mumbai Ambedkar Road, Vs. Room No. 619, 6Th Bandra (W), Mumbai, Floor, Cumballa Hill Maharashtra-400 050 Mtnl Building, Pedder Road, Mumbai-400 026 Pan/Gir No. Aaati0713J (Applicant) (Respondent) Assessee By Shri Mitali Parekh, Ld. Ar Revenue By Shri R. A. Dhyani, Ld. Dr Date Of Hearing 14.05.2026 Date Of Pronouncement 08.06.2026 आदेश / Order Per Makarand Vasant Mahadeokar, Am: These Two Appeals Are Directed Against Separate Orders Passed By The Commissioner Of Income Tax (Exemptions), Mumbai [Hereinafter Referred To As “The Cit(E)”], Both Dated 18.02.2026, Whereby The Application Of The Assessee-Trust Seeking Renewal Of Registration Under Section 12Ab Of The Income Tax Act, 1961 (“The Act”) & Consequential Application Seeking Approval Under Section 80G Of The Act Came To Be Rejected.Since The Issues Involved In Both The Appeals Arise Out Of Common Facts & Were Heard Together, The Same Are Disposed Of By This Consolidated Order For The Sake Of Convenience.

Section 11Section 12ASection 12A(1)(ac)Section 80GSection 80G(5)Section 80G(5)(i)

Binayak Educational Charitable Trust, Berhampur vs. ITO, Exemption Ward, Berhampur

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

ITA 519/CTK/2026[2018-19]Status: DisposedITAT Cuttack05 Jun 2026AY 2018-19

Bench: Shri George Mathan & Shri Rajesh Kumarआयकर अपील सं/Ita No.519/Ctk/2026 (धििाारणवर्ा / Assessment Year: 2018-2019) Binayak Educational Charitable Vs Ito, Exemption Ward, Berhampur Trust At-Nirmalya Hotel Nenana Hospital Road, Urban Bank Road, Berahmpur, Ganjam, Brahmapur, Odisha- 760001. Pan No. : Aabtb4888J (अपीलार्थी/Appellant) .. (प्रत्यर्थी / Respondent) धििााररतीकीओरसे /Assessee By : Shri P. K. Mishra & Himanshu Jena, Ars राजस्वकीओरसे /Revenue By : Shri Vijay Singh, Sr. Dr सुनवाईकीतारीख/ Date Of Hearing : 05/06/2026 घोषणाकीतारीख/Date Of Pronouncement : 05/06/2026 आदेश / O R D E R Perbench: This Is An Appeal Filed By The Assessee Against The Order Of Nfac, Delhi In Appeal No.Nfac/2016-17/10589971 Dated 11/05/2026 For The Assessment Year 2017-18. 2. Shri P. K. Mishra & Himanshu Jena, Ars Appeared On Behalf Of The Assessee Assisted By Miss Sahmita Kar & Shri Vijay Singh, Sr. Dr Represented On Behalf Of The Revenue. 3. It Was Submitted By The Ld. Ar That The Assessing Officer Has Treated The Assessee As Non-Cooperative. It Was The Submission That The Assessment Order Is Dated 16.04.2021. The Assessee Uploaded The Details On 03.03.2021, The Acknowledgement Reads As Follows:

For Appellant: Shri P. K. Mishra & Himanshu Jena, ARsFor Respondent: Shri Vijay Singh, Sr. DR
Section 80G