Latest Expert Exchange Queries
sitemapHome | Registration | Job Portal for CA's | Expert Exchange | Currency Converter | Post Matrimonial Ads | Post Property Ads
 
 
News shortcuts: From the Courts | News Headlines | VAT (Value Added Tax) | Service Tax | Sales Tax | Placements & Empanelment | Various Acts & Rules | Latest Circulars | New Forms | Forex | Auditing | Direct Tax | Customs and Excise | ICAI | Corporate Law | Markets | Students | General | Indirect Tax | Mergers and Acquisitions | Continuing Prof. Edu. | Budget Extravaganza | Transfer Pricing
 
 
 
 
Popular Search: empanelment :: TDS :: list of goods taxed at 4% :: ARTICLES ON INPUT TAX CREDIT IN VAT :: VAT Audit :: Central Excise rule to resale the machines to a new company :: TAX RATES - GOODS TAXABLE @ 4% :: ICAI offer Get Windows 7,Office 2010 in Rs.799 Taxes :: ACCOUNTING STANDARD :: ACCOUNTING STANDARDS :: form 3cd :: due date for vat payment :: cpt :: VAT RATES :: articles on VAT and GST in India
 
 
Various Acts & Rules »
 Customs Tariff 2009-10 - PART-II - Chapter 98 - Project imports, Laboratory chemicals, passenger's baggage
 Customs Tariff 2009-10 - PART-II - Chapter 97 - Works of art, collectors' pieces and antiques
 Customs Tariff 2009-10 - PART-II - Chapter 96 - Miscellaneous manufactured articles
 Customs Tariff 2009-10 - PART-II - Chapter 95 - Toys, games and sports requisites; parts and accessories thereof
 Customs Tariff 2009-10 - PART-II - Chapter 94 - Furniture; bedding, mattresses, mattress supports
 Customs Tariff 2009-10 - PART-II - Chapter 93 - Arms and ammunition; parts and accessories thereof
 Customs Tariff 2009-10 - PART-II - Chapter 92 - Musical instruments; parts and accessories of such articles
 Customs Tariff 2009-10 - PART-II - Chapter 91 - Clocks and watches and parts thereof
 Customs Tariff 2009-10 - PART-II - Chapter 90 - Optical, photographic, cinematographic, measuring
 Customs Tariff 2009-10 - PART-II - Chapter 89 - Ships, boats and floating structures
 Customs Tariff 2009-10 - PART-II - Chapter 88 - Aircraft, spacecraft, and parts thereof

Income-Tax Act - Section No. 80G
August, 21st 2010

92Deduction in respect of donations to certain funds, charitable institutions, etc.

9380G.   94[(1) In computing the total income of an assessee95, there shall be deducted, in accordance with and subject to the provisions of this section,

       96[(i)  in a case where the aggregate of the sums specified in sub-section (2) includes any sum or sums of the nature specified in 97[sub-clause (i) or in] 98[sub-clause (iiia) 99[or in sub-clause (iiiaa) 1[or in sub-clause (iiiab)] 2[or in sub-clause (iiie)] 3[or in sub-clause (iiif)] 4[or in sub-clause (iiig)] 5[or in sub-clause (iiiga)] or 6[sub-clause (iiih) or] 7[sub-clause (iiiha) or sub-clause (iiihb) or sub-clause (iiihc) 8[or sub-clause (iiihd)] 9[or sub-clause (iiihe)] 10[or sub-clause (iiihf)] 11[or sub-clause (iiihg) or sub-clause (iiihh)] 12[or sub-clause (iiihi)] 13[or sub-clause (iiihj)] or] in] sub-clause (vii) of clause (a) 14[or in clause (c)] 15[or in clause (d)] thereof, an amount equal to the whole of the sum or, as the case may be, sums of such nature plus fifty per cent of the balance of such aggregate; and]

          (ii)  in any other case, an amount equal to fifty per cent of the aggregate of the sums specified in sub-section (2).]

(2) The sums referred to in sub-section (1) shall be the following, namely :

          (a)  any sums paid16 by the assessee in the previous year as donations to

       (i)  the National Defence Fund set up by the Central Government; or

      (ii)  the Jawaharlal Nehru Memorial Fund referred to in the Deed of Declaration of Trust adopted by the National Committee at its meeting held on the 17th day of August, 1964; or

     (iii)  the Prime Ministers Drought Relief Fund; or

17[(iiia) the Prime Ministers National Relief Fund; or]

18[(iiiaa) the Prime Ministers Armenia Earthquake Relief Fund; or]

19[(iiiab) the Africa (Public Contributions - India) Fund; or]

20[(iiib) the National Childrens Fund; or]

21[(iiic) the Indira Gandhi Memorial Trust, the deed of declaration in respect whereof was registered at New Delhi on the 21st day of February, 1985; or]

22[(iiid) the Rajiv Gandhi Foundation, the deed of declaration in respect whereof was registered at New Delhi on the 21st day of June, 1991; or]

23[(iiie) the National Foundation for Communal Harmony; or]

24[(iiif)  a University or any educational institution of national eminence as may be approved25 by the prescribed authority26 in this behalf; or]

27[(iiig) the Maharashtra Chief Ministers Relief Fund during the period beginning on the 1st day of October, 1993 and ending on the 6th day of October, 1993 or to the Chief Ministers Earthquake Relief Fund, Maharashtra; or]

28[(iiiga)  any fund set up by the State Government of Gujarat exclusively for providing relief to the victims of earthquake in Gujarat; or]

29[(iiih) any Zila Saksharta Samiti constituted in any district under the chairmanship of the Collector of that district for the purposes of improvement of primary education in villages and towns in such district and for literacy and post-literacy activities.

Explanation.For the purposes of this sub-clause, town means a town which has a population not exceeding one lakh according to the last preceding census of which the relevant figures have been published before the first day of the previous year ; or]

30[(iiiha)  the National Blood Transfusion Council or to any State Blood Transfusion Council which has its sole object the control, supervision, regulation or encouragement in India of the services related to operation and requirements of blood banks.

Explanation.For the purposes of this sub-clause,

      (a)  National Blood Transfusion Council means a society registered under the Societies Registration Act, 1860 (21 of 1860) and has an officer not below the rank of an Additional Secretary to the Government of India dealing with the AIDS Control Project as its Chairman, by whatever name called;

      (b)  State Blood Transfusion Council means a society registered, in consultation with the National Blood Transfusion Council, under the Societies Registration Act, 1860 (21 of 1860) or under any law corresponding to that Act in force in any part of India and has Secretary to the Government of that State dealing with the Department of Health, as its Chairman, by whatever name called; or

(iiihb)  any fund set up by a State Government to provide medical relief to the poor; or

(iiihc)  the Army  Central Welfare Fund or the Indian Naval Benevolent  Fund or the Air Force Central Welfare Fund established by the  armed forces of the Union for the welfare of the past and present members of such forces or their dependants; or]

31[(iiihd) the Andhra Pradesh Chief Ministers Cyclone Relief Fund, 1996; or]

32[(iiihe) the National Illness Assistance Fund; or]

        33[(iiihf)  the Chief Ministers Relief Fund or the Lieutenant Governors Relief Fund in respect of any State or Union territory, as the case may be :

Provided that such Fund is

      (a)  the only Fund of its kind established in the State or the Union territory, as the case may be;

      (b)  under the overall control of the Chief Secretary or the Department of Finance of the State or the Union territory, as the case may be;

      (c)  administered in such manner as may be specified by the State Government or the Lieutenant Governor, as the case may be; or]

     34[(iiihg)  the National Sports Fund to be set up by the Central Government; or

(iiihh)  the National Cultural Fund set up by the Central Government; or]

  35[(iiihi)  the Fund for Technology Development and Application set up by the Central Government; or]

  36[(iiihj)  the National Trust for Welfare of Persons with Autism, Cerebral Palsy, Mental Retardation and Multiple Disabilities constituted under sub-section (1) of section 3 of the National Trust for Welfare of Persons with Autism, Cerebral Palsy, Mental Retardation and Multiple Disabilities Act, 1999 (44 of 1999); or]

     (iv)  any other fund or any institution to which this section applies; or

      (v)  the Government or any local authority, to be utilised for any charitable purpose 37[other than the purpose of promoting family planning; or]

38[39[(vi) an authority constituted in India by or under any law enacted either for the purpose of dealing with and satisfying the need for housing accommodation or for the purpose of planning, development or improvement of cities, towns and villages, or for both;]

40[(via) any corporation referred to in clause (26BB) of section 10; or]

    (vii)  the Government or to any such local authority, institution or association as may be approved in this behalf by the Central Government, to be utilised for the purpose of promoting family planning;]

          (b)  any sums paid by the assessee in the previous year as donations for the renovation or repair of any such temple, mosque, gurdwara, church or other place as is notified41 by the Central Government in the Official Gazette to be of historic, archaeological or artistic importance or to be a place of public worship of renown throughout any State or States;

      42[(c)  any sums paid by the assessee, being a company, in the previous year as donations to the Indian Olympic Association or to any other association or institution 43[established in India, as the Central  Government may, having regard to the prescribed guidelines44, by notification in the Official Gazette45, specify in this behalf]  for

       (i)  the development of infrastructure for sports and games; or

      (ii)  the sponsorship of sports and games,

in India;]

        46[(d)  any sums paid by the assessee, during the period beginning on the 26th day of January, 2001 and ending on the 30th day of September, 2001, to any trust, institution or fund to which this section applies for providing relief to the victims of earthquake in Gujarat.]

(3) [Omitted by the Finance Act, 1994, w.e.f. 1-4-1994.]

47[(4) Where the aggregate of the sums referred to in sub-clauses (iv), (v), (vi)  48[, (via)] and (vii) of clause (a) and in 49[clauses (b) and (c)] of sub-section (2) exceeds ten per cent of the gross total income (as reduced by any portion thereof on which income-tax is not payable under any provision of this Act and by any amount in respect of which the assessee is entitled to a deduction under any other provision of this Chapter), then the amount in excess of ten per cent of the gross total income shall be ignored for the purpose of computing the aggregate of the sums in respect of which deduction is to be allowed under sub-section (1)].

(5) This section applies to donations  to any institution or fund referred to in sub-clause (iv) of clause (a) of sub-section (2), only if it is established in India for a charitable purpose and if it fulfils the following conditions, namely :

       50[(i)  where the institution or fund derives any income, such income would not be liable to inclusion in its total income under the provisions of sections 11 and 12 51[* * *]  52[53[***]] 54[or clause (23AA)] 55[or clause (23C)] of section 10 :

56[Provided that where an institution or fund derives any income, being profits and gains of business, the condition that such income would not be liable to inclusion in its total income under the provisions of section 11 shall not apply in relation to such income, if

      (a)  the institution or fund maintains separate books of account in respect of such business;

      (b)  the donations made to the institution or fund are not used by it, directly or indirectly, for the purposes of such business; and

      (c)  the institution or fund issues to a person making the donation a certificate to the effect that it maintains separate books of account in respect of such business and that the donations received by it will not be used, directly or indirectly, for the purposes of such business;]]

          (ii)  the instrument under which the institution or fund is constituted does not, or the rules governing the institution or fund do not, contain any provision for the transfer or application at any time of the whole or any part of the income or assets of the institution or fund for any purpose other than a charitable purpose;

         (iii)  the institution or fund is not expressed to be for the benefit of any particular religious community or caste;

         (iv)  the institution or fund maintains regular accounts of its receipts and expenditure; 57[* * *]

          (v)  the institution or fund is either constituted as a public charitable trust or is registered under the Societies Registration Act, 1860 (21 of 1860), or under any law corresponding to that Act in force in any part of India or under section 2558 of the Companies Act, 1956 (1 of 1956), or is a University established by law, or is any other educational institution recognised by the Government or by a University established by law, or affiliated to any University established by law, 59[60[***]] or is an institution financed wholly or in part by the Government or a local authority; 61[***]

     62[(vi)  in relation to donations made after the 31st day of March, 1992, the institution or fund is for the time being approved by the Commis-sioner in accordance with the rules63 made in this behalf 64[; and]

  65[***]]

    64[(vii)  where any institution or fund had been approved under clause (vi) for the previous year beginning on the 1st day of April, 2007 and ending on the 31st day of March, 2008, such institution or fund shall, for the purposes of this section and notwithstanding anything contained in the proviso to clause (15) of section 2, be deemed to have been,

      (a)  established for charitable purposes for the previous year beginning on the 1st day of April, 2008 and ending on the 31st day of March, 2009; and

      (b)  approved under the said clause (vi) for the previous year beginning on the 1st day of April, 2008 and ending on the 31st day of March, 2009.]

66[(5A) Where a deduction under this section is claimed and allowed for any assessment year in respect of any sum specified in sub-section (2), the sum in respect of which deduction is so allowed shall not qualify for deduction under any other provision of this Act for the same or any other assessment year.]

67[(5B) Notwithstanding anything contained in clause (ii) of sub-section (5) and Explanation 3, an institution or fund which incurs expenditure, during any previous year, which is of a religious nature for an amount not exceeding five per cent of its total income in that previous year shall be deemed to be an institution or fund to which the provisions of this section apply.]

68[(5C) This 69[section] applies in relation to amounts referred to in clause (d) of sub-section (2) only if the trust or institution or fund is established in India for a charitable purpose and it fulfils the following conditions, namely :

           (i)  it is approved in terms of clause (vi) of sub-section (5);

          (ii)  it maintains separate accounts of income and expenditure for providing relief to the victims of earthquake in Gujarat;

         (iii)  the donations made to the trust or institution or fund are applied only for providing relief to the earthquake victims of Gujarat on or before the 31st day of March, 70[2004];

     71[(iv)  the amount of donation remaining unutilised on the 31st day of March, 70[2004] is transferred to the Prime Ministers National Relief Fund on or before the 31st day of March, 70[2004];]

          (v)  it renders accounts of income and expenditure to such authority72 and in such manner as may be prescribed73, on or before the 30th day of June, 70[2004].]

Explanation 1.An institution or fund established for the benefit of Scheduled Castes, backward classes, Scheduled Tribes or of women and children shall not be deemed to be an institution or fund expressed to be for the benefit of a religious community or caste within the meaning of clause (iii) of sub-section (5).

74[Explanation 2.For the removal of doubts, it is hereby declared that a deduction to which the assessee is entitled in respect of any donation made to an institution or fund to which sub-section (5) applies shall not be denied merely on either or both of the following grounds, namely :

       75[(i)  that, subsequent to the donation, any part of the income of the institution or fund has become chargeable to tax due to non- compliance with any of the provisions of section 11, 76[section 12 or section 12A];

          (ii)  that, under clause (c) of sub-section (1) of section 13, the exemption under section 11 76[or section 12] is denied to the institution or fund in relation to any income arising to it from any investment referred to in clause (h) of sub-section (2) of section 13 where the aggregate of the funds invested by it in a concern referred to in the said clause (h) does not exceed five per cent of the capital of that concern.]]

Explanation 3.In this section, charitable  purpose does not include any purpose the whole or substantially the whole of which is of a religious  nature.

77[Explanation 4.For the purposes of this section, an association or institution having as its object the control, supervision, regulation or encouragement in India of such games or sports as the Central Government may, by notification in the Official Gazette78, specify in this behalf, shall be deemed to be an institution established in India for a charitable purpose.]

79[Explanation 5.For the removal of doubts, it is hereby declared that no deduction shall be allowed under this section in respect of any donation unless such donation is of a sum of money.]

(6) 80[* * *]

 
 
Home | About Us | Terms and Conditions | Contact Us
Copyright 2016 CAinINDIA All Right Reserved.
Designed and Developed by Binarysoft Technologies Pvt. Ltd.
Website Ranking Website Ranking Company Website Positioning Alexa Ranking Website Promotion Website top 10 ranking website top 10 promotion search engine result promotion Strategic Internet Marketing Website Optimization Website Ranking Factors

Transfer Pricing | International Taxation | Business Consulting | Corporate Compliance and Consulting | Assurance and Risk Advisory | Indirect Taxes | Direct Taxes | Transaction Advisory | Regular Compliance and Reporting | Tax Assessments | International Taxation Advisory | Capital Structuring | Withholding tax advisory | Expatriate Tax Reporting | Litigation | Badges | Club Badges | Seals | Military Insignias | Emblems | Family Crest | Software Development India | Software Development Company | SEO Company | Web Application Development | MLM Software | MLM Solutions