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

Thahekhu Vill.B/C Fc (Ncbc), Dimapur vs. Ward 2(3) Exemption Guwahati, Guwahati

In the result, ITA Nos.59/GTY/2026 & 60/GTY/2026 are allowed for statistical purposes

ITA 60/GTY/2026[2019-2020]Status: DisposedITAT Guwahati19 May 2026AY 2019-2020

Bench: Shri Sonjoy Sarma & Shri Rakesh Mishraita Nos. 59 & 60/Gty/2026 Assessment Years: 2018-19 & 2019-20 Thahekhuv Vill.B/C Fc (Ncbc).………………….………...Appellant Thahekhu Vill Po & Ps Dimapur Nagaland-797112 [Pan: Aactt9207A] Vs. Ito, Ward-2(3), Exemption, Guwahati…..………………..……...…..…..Respondent Assam-781005 Appearances By: Shri Kishor Jain, Fca, Appeared On Behalf Of The Appellant. Shri Santosh Kumar Karnani, Addl. Cit, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : May 06, 2026 Date Of Pronouncing The Order : May 19, 2026 Order Per Sonjoy Sarma: These Two Appeals Have Been Filed By The Same Assessee Against The Separate Orders Passed By The Nfac, Delhi [Hereinafter Referred To As ‘The Ld. Cit(A)’], Both Dated 18.10.2025, For The Assessment Years 2018-19 & 2019-20, Passed U/S 250 Of The Income Tax Act, 1961 [Hereinafter Referred To As The ‘Act’], Arising Out Of The Separate Assessment Orders Framed U/S 147 R.W.S. 144B Of The Act Dated 24.02.2025 & 21.02.2025. Since Common Issues Are Involved In Both The Appeals, Except Variation In Figures, Both The Appeals Were Heard Together & Are Being Disposed Of By This Consolidated Order For The Sake Of Convenience.

Section 11Section 12ASection 12A(1)(b)Section 139Section 147Section 148Section 250Section 69ASection 80G

Thahekhu Vill.B/C Fc (Ncbc), Dimapur vs. Ward 2(3) Exemption Guwahati, Guwahati

In the result, ITA Nos.59/GTY/2026 & 60/GTY/2026 are allowed for statistical purposes

ITA 59/GTY/2026[2018-19]Status: DisposedITAT Guwahati19 May 2026AY 2018-19

Bench: Shri Sonjoy Sarma & Shri Rakesh Mishraita Nos. 59 & 60/Gty/2026 Assessment Years: 2018-19 & 2019-20 Thahekhuv Vill.B/C Fc (Ncbc).………………….………...Appellant Thahekhu Vill Po & Ps Dimapur Nagaland-797112 [Pan: Aactt9207A] Vs. Ito, Ward-2(3), Exemption, Guwahati…..………………..……...…..…..Respondent Assam-781005 Appearances By: Shri Kishor Jain, Fca, Appeared On Behalf Of The Appellant. Shri Santosh Kumar Karnani, Addl. Cit, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : May 06, 2026 Date Of Pronouncing The Order : May 19, 2026 Order Per Sonjoy Sarma: These Two Appeals Have Been Filed By The Same Assessee Against The Separate Orders Passed By The Nfac, Delhi [Hereinafter Referred To As ‘The Ld. Cit(A)’], Both Dated 18.10.2025, For The Assessment Years 2018-19 & 2019-20, Passed U/S 250 Of The Income Tax Act, 1961 [Hereinafter Referred To As The ‘Act’], Arising Out Of The Separate Assessment Orders Framed U/S 147 R.W.S. 144B Of The Act Dated 24.02.2025 & 21.02.2025. Since Common Issues Are Involved In Both The Appeals, Except Variation In Figures, Both The Appeals Were Heard Together & Are Being Disposed Of By This Consolidated Order For The Sake Of Convenience.

Section 11Section 12ASection 12A(1)(b)Section 139Section 147Section 148Section 250Section 69ASection 80G

Geeta Bharti Mission, Dehradun vs. CIT(Exemption), Lucknow

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

ITA 684/LKW/2024[2025-26]Status: DisposedITAT Lucknow19 May 2026AY 2025-26

Bench: Sh. Kul Bharat & Sh. Nikhil Choudharyita Nos.684 & 685/Lkw/2024 A.Y. 2025-26 Geeta Bharti Mission, Vs. Commissioner Of Income Tax 730, Indira Nagar Colony, Near (Exemption), Lucknow Malik Chowk, Dehradun 248001, Uttarakhand, India Pan: Aadtg8817A (Appellant) (Respondent) Assessee By: None (Withdrawal Application) Revenue By: Sh. R.R.N. Shukla, Addl Cit Dr Date Of Hearing: 21.04.2026 Date Of Pronouncement: 19.05.2026 O R D E R Per Nikhil Choudhary, A.M.: These Two Appeals Have Been Filed By The Assessee Against The Separate Orders Of The Ld. Cit (Exemption), Lucknow Both Dated 27.09.2024, Wherein The Ld. Cit (Exemption) Has Rejected The Application Filed In Form No. 10Ab For Registration Of The Trust Under Section 12Ab Of The Income Tax Act, 1961 & Also Rejected The Application For Registration Of The Trust Under Section 80G Of The Act. The Grounds Of Appeal In The Two Matters Are As Under:- “1. The Learned Commissioner Of Income-Tax (Exemption) Lucknow Has Grossly Erred In Rejecting The Appellant'S Application For Grant Of Registration Under Section 12Ab Of The Income-Tax Act, 1961 ('Act) Without Appreciating The Facts Of The Case In The Right Perspective

For Appellant: None (withdrawal application)For Respondent: Sh. R.R.N. Shukla, Addl CIT DR
Section 12ASection 80G