80G Deduction for donation made by minors

This query is : Resolved 

26 March 2009 Minor whose income is clubbed with their parent has made a donation eligible for 80G. Can his parent claim the deduction for 80 G on the basis of clubbing??

26 March 2009 yes

26 March 2009 Please specify the section under which basis this deduction can be claimed.

26 March 2009 No.
It cannot be claimed by the parent.
It has to be claimed by the minor only.

26 March 2009
This is very famous case law.
CIT vs Abhay L Khatau (1986) 162 ITR 648 (Bom)
If income of one person is clubbed in the hands of another person then deduction under chapter VIA ( except u/s 80U) relating to such income shall be available to the person in whose hand income has clubbed.
So deduction of 80G is permissible.


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