CSR via Trusts and Form 10BE - Legality of 80G Claims

Tax planning 1244 views 2 replies

Dear Experts,

Many companies outsource their CSR activities to implementing agencies or trusts by way of donations. These agencies then carry out CSR projects on behalf of the companies and issue donation receipts along with Form 10BE. However, Section 80G of the Income Tax Act clearly states that deductions are not allowed for CSR expenditures. In such cases, how are companies managing to claim these deductions?

Regards,

S Ram

Replies (2)

Companies are managing to claim deductions for CSR expenditures under Section 80G of the Income Tax Act by donating to registered institutions and trusts that qualify for such deductions. Here's how: - *Donations to Registered Institutions*: When companies donate to institutions registered under Section 80G, they can claim deductions on these donations. The key is that the donation is made to a qualified institution, not necessarily that the CSR expenditure itself is voluntary. -

*CSR Expenditure Eligible for Deduction*: Recent ITAT rulings have clarified that CSR expenditures, although mandatory, can be eligible for deductions under Section 80G if donations are made to eligible institutions. This means companies can claim tax benefits while fulfilling their CSR obligations. -

 *Importance of Documentation*: To claim these deductions, companies need to ensure proper documentation, including receipts and Form 10BE from the recipient institutions. This documentation is crucial for supporting the deduction claim during tax assessments.

*Key ITAT Rulings:* - *Mumbai ITAT Ruling*: The Mumbai bench of ITAT has held that deduction under Section 80G is allowable on CSR expenditure, emphasizing that the test of voluntariness is irrelevant for claiming deductions under Section 80G. -

 *Delhi ITAT Ruling*: The Delhi bench of ITAT has also ruled that companies are eligible to claim deductions under Section 80G for donations made as part of their mandatory CSR expenditure.

*Implications for Companies:* 

- *Tax Savings*: By donating to eligible charitable organizations, companies can not only fulfill their CSR obligations but also avail tax savings on charitable donations. - 

*CSR Strategy*: Companies can plan their CSR spending strategically, choosing to donate to Section 80G-approved groups to maximize tax benefits.³

Dear Ram-sir,

Thanks for your swift response.

It would be very beneficial if you can share the judgement titles for easy reference.

Regards,

S Ram


CCI Pro

Leave a Reply

Your are not logged in . Please login to post replies

Click here to Login / Register  

Company
Featured 28 March 2026
CA Final

Ashok Amol & Associates

New Delhi

CA Final

View Details
Company
Featured 28 March 2026
Accountant

Ashok Amol & Associates

New Delhi

B.Com

View Details
Company
Featured 19 March 2026
Article Assistant

Gupta Sachdeva & Co. Chartered Accountants

New Delhi

CA Final

View Details
Company
Featured 14 March 2026
Associate CA

N N V Satish&co

Hyderabad

CA

View Details
Company
Featured 14 April 2026
GST CONSULTANT

Abhishek G Agrawal & Co.

Korba

CA Final

View Details
Company
Featured 12 March 2026
Customer Relationship Executive

TAXLET

Calicut

B.Com

View Details
Company
Featured 14 March 2026
Article Trainee

N N V Satish&co

Hyderabad

CA Inter

View Details
Company
Featured 13 April 2026
GST CONSULTANCY

Abhishek G Agrawal & Co.

Korba

CA Final

View Details