Essential conditions for claiming deduction under this section:
(1) Deduction under this section is allowed to all assessees, whether company or non-company, whether having income under the head ‘profits and gains of business or profession’ or not.
(2) The donation should be of a sum of money. Donations in kind do not qualify for deduction.
(3) The donation should be made only to specified funds / institutions.
(4) No deduction shall be allowed under this section in respect of donation of any sum exceeding Rs. 2,000 unless such sum is paid by any mode other than cash.
(5) For availing deduction under this section it is obligatory on the part of the assessee to produce proper proof of payment.
Where the payment is not proved by production of proper receipt, etc., the deduction under section 80G is not available.
Deduction u/s 80G is available on account of any donation made by the assessee to specified funds or institutions. In some cases, deduction is available after applying a qualifying limit while in others, it is allowed without applying any qualifying limit. Again in some cases, deduction is allowed to the extent of 100% of the donation and in some cases it is allowed to the extent of 50% of the donation.
The quantum of deduction in respect of various kinds of donations is given as under:
(A) Donations made to following are eligible for 100% Deduction without any Qualifying Limit:
(1) National Defense Fund set up by the Central Government.
(2) Prime Minister’s National Relief Fund or the Prime Minister’s Citizen Assistance and Relief in Emergency Situations Fund (PM CARES FUND)
(3) Prime Minister’s Armenia Earthquake Relief Fund:
(4) Africa (Public Contributions India) Fund:
(5) National Foundation for Communal Harmony;
(6) University / Educational Institution of National Eminence approved by the prescribed authority;
(7) Maharashtra Chief Minister’s Earthquake Relief Fund;
(8) Any fund set up by the State Government of Gujarat, exclusively for providing relief to the victims of earthquake in Gujarat:
(9) Zila Saksharta Samiti constituted in any district;
(10) The National Blood Transfusion Council or any State Blood Transfusion Council:
(11) Any fund set up by a State Government to provide medical relief to the poor;
(12) The Army Central Welfare Fund or the Indian Naval Benevolent Fund or the Air Force Central Welfare Fund;
(13) The Andhra Pradesh Chief Minister’s Cyclone Relief Fund, 1996;
(14) National Illness Assistance Fund;
(15) The Chief Minister’s Relief Fund or the Lieutenant Governor’s Relief Fund in respect of any State or Union Territory, as the case may be;
(16) National Sports Fund set up by the Central Government;
(17) National Cultural Fund set up by the Central Government;
(18) Fund for Technology Development and Application, set up by the Central Government;
(19) National Trust for Welfare of persons with Autism, Cerebral Palsy, Mental Retardation and Multiple Disabilities;
(20) National Children’s Fund.
(21) Donations made by any assessee (resident and non-resident) to the Swachh Bharat Kosh set up by the Central Government;
(22) Donations made by a resident assessee to Clean Ganga Fund set up by the Central Government;
(23) The National Fund for Control of Drug Abuse.
(B) Donations made to the following are eligible for 50% Deduction without any Qualifying Limit:
(1) Jawaharlal Nehru Memorial Fund;
(2) Prime Minister’s Drought Relief Fund;
(3) Indira Gandhi Memorial Trust
(4) Rajiv Gandhi Foundation.
(C) Donations to the following are eligible for 100% deduction subject to Qualifying Limit:
(1) Donation to Government or any approved local authority, institution or association to be utilized for promoting family planning.
(2) Any sums paid by the assessee, being a company, in the previous year as donations to Indian Olympic Association or to any other association or institution established in India and notified by the Central Government for—
(a) the development of infrastructure for sports and games; or
(b) the sponsorship of sports and games,
(D) Donations to the following are eligible for 50% Deduction subject to Qualifying Limit:
(1) Donation to Government or any approved local authority, institution or association to be utilised for any charitable purpose other than promoting family planning.
(2) Any other fund or institution which satisfies the conditions of section 80G(5).
(3) To any authority constituted in India by or under any law for satisfying the need for housing accommodation or for the purpose of planning development or improvement of cities, towns and villages or for both.
(4) To any corporation established by the Central or any State Government specified under section 10(26BB) for promoting interests of the members of a minority community.
(5) Any notified temple, mosque. gurdwara, church or other place notified by the Central Government to be of historic, archaeological or artistic importance, for renovation or repair of such place.
For applying qualifying limit, all donations made to funds / institutions covered under (C) and (D) above shall be aggregated and the aggregate amount shall be limited to 10% of Adjusted Gross Total Income.
Adjusted Gross Total Income U/s 80G:
Adjusted Gross Total Income for this purpose means the “Gross Total Income” as reduced by—
(i) long-term capital gains, if any, which have been included in the “Gross Total Income”;
(ii) short-term capital gains of the nature referred to in section 111A (i.e. short-term capital gain on transfer of shares through a recognised stock exchange which are taxable @ 15%);
(iii) all deductions permissible U/s 80C to 80U excepting deduction under this section i.e. Section 80G;
(iv) such income on which income-tax is not payable i.e., share from AOP;
(v) income referred to in Section 115A, 115AB, 115AC or 115AD. These sections relate to incomes of NRIs and foreign companies etc. which are taxable at special rate of tax.
Quantum of Deduction U/s 80G:
The quantum of deduction shall be the aggregate of the deductions permissible under clauses (A), (B), (C) and (D).