Clause 354 Application for approval for purpose of section 133(1)(b)(ii).
Income Tax Bill, 2025
1. Introduction
Clause 354(1) of the Income Tax Bill, 2025, proposes a new regime for the approval of non-profit organisations and certain persons for the purpose of allowing deductions on donations u/s 133(1)(b)(ii). This clause is significant as it seeks to modernise and rationalise the framework under which charitable institutions and funds receive approval to enable their donors to claim tax deductions. Section 80G(5) of the Income-tax Act, 1961, is the existing statutory provision that governs similar approvals, laying down specific conditions for charitable institutions or funds to be eligible for donations to be deductible in the hands of the donor. Over the decades, Section 80G has been amended multiple times to address administrative challenges, prevent abuse, and align with evolving policy objectives. A careful analysis of Clause 354(1) vis-`a-vis Section 80G(5) is crucial to understanding the continuity, departures, and likely implications for stakeholders in the charitable sector and for tax administration.
2. Objective and Purpose
Legislative Intent and Policy Considerations The core objective of both Clause 354(1) and Section 80G(5) is to ensure that tax incentives for charitable donations are only available where the recipient organisations are genuinely charitable, transparent, and accountable. The legislative intent is to:
- Prevent misuse of the tax deduction by ensuring only bona fide charitable institutions benefit.
- Promote transparency and accountability in the management of charitable funds.
- Ensure that charitable institutions do not serve narrow sectarian interests or private enrichment.
- Align the tax regime with contemporary compliance standards, including digital reporting and timely disclosures.
The proposed Clause 354(1) reflects a policy shift towards greater procedural clarity, time-bound approvals, and enhanced compliance requirements, possibly in response to administrative experience and technological advancements.
3. Detailed Analysis of Clause 354(1) and Section 80G(5)
3.1. Eligibility and Application Process
Clause 354(1):
- Permits a registered non-profit organisation or a person referred to in Schedule III (Table: Sl. No. 1) to apply for approval for deduction purposes u/s 133(1)(b)(ii).
- The application must be made in the prescribed form and manner to the Principal Commissioner or Commissioner.
- Conditions (a) to (g) must be satisfied for approval to be granted.
Section 80G(5):
- Applies to donations to any institution or fund referred to in sub-clause (iv) of clause (a) of sub-section (2).
- Approval is granted by the Principal Commissioner or Commissioner, subject to fulfilment of conditions (i) to (ix).
- Applications for approval, renewal, or provisional approval are to be made in prescribed forms and within specified timelines.
Analysis: Both provisions require a formal application process and approval by a senior tax authority. However, Clause 354(1) provides a more granular and time-bound framework for different scenarios (e.g., commencement of activities, provisional approval, renewal), which is set out in detail in sub-sections (2)/(4) and the accompanying table. This is a significant improvement over the sometimes ambiguous timelines under the previous regime.
3.2. Charitable Purpose and Exclusion of Sectarian Benefit
Clause 354(1)(a):
- The organisation must not be expressed to be for the benefit of any particular religious community or caste.
Section 80G(5)(iii):
- The institution or fund must not be expressed to be for the benefit of any particular religious community or caste.
- Explanation 1 clarifies that institutions for the benefit of Scheduled Castes, Scheduled Tribes, backward classes, women, and children are not deemed sectarian.
Analysis: The principle of non-sectarian benefit is maintained in both regimes. The explicit inclusion of Explanation 1 in Section 80G(5) is an important clarification, and while Clause 354(1) does not restate this explanation, it is likely to be addressed in subordinate legislation or interpretive guidance.
3.3. Charitable Purpose and Religious Expenditure
Clause 354(1)(b):
- The entity must be established in India for a charitable purpose and must not incur expenditure of 5% or more of its total income during a tax year on religious activities.
Section 80G(5B):
- Institutions incurring religious expenditure not exceeding 5% of total income are deemed eligible for approval.
Analysis: Both provisions allow some tolerance for incidental religious expenditure (up to 5% of total income) while maintaining the primary charitable character of the institution. This reflects judicial and administrative recognition that some overlap with religious activities may occur without undermining the charitable purpose. The explicit 5% cap is an anti-abuse measure.
3.4. Instrument of Constitution and Asset Transfer
Clause 354(1)(c):
- The founding instrument or rules must not allow for the transfer of assets for any purpose other than a charitable purpose.
Section 80G(5)(ii):
- The instrument or rules must not provide for the transfer or application of income or assets for any non-charitable purpose.
Analysis: There is a direct equivalence between the two provisions. This requirement ensures that upon dissolution or winding up, assets are not diverted to private or non-charitable purposes, thus safeguarding the public interest and the integrity of the charitable sector.
3.5. Maintenance of Accounts
Clause 354(1)(d):
- The organisation must maintain regular accounts of its receipts and expenditure.
Section 80G(5)(iv) (as amended):
- Previously required maintenance of regular accounts; now, the requirement is embedded in the general compliance framework and in the conditions for approval and renewal.
Analysis: Both provisions stress the importance of proper record-keeping as a foundation for transparency and accountability. This is essential for effective regulatory oversight and for the verification of compliance with other statutory conditions.
3.6. Filing of Statements and Correction Mechanism
Clause 354(1)(e)-(f):
- Requires the preparation and delivery of prescribed statements to the tax authority, and the ability to file correction statements to rectify or update information.
Section 80G(5)(viii)-(ix):
- Mandates the filing of prescribed statements and correction statements, mirroring the requirement in Clause 354(1).
Analysis: This reflects a shift towards digital compliance and real-time reporting. The correction mechanism is an important safeguard, allowing institutions to maintain accurate records and correct inadvertent errors, thus reducing the risk of penal consequences for minor procedural lapses.
3.7. Donor Certificates
Clause 354(1)(g):
- Mandates the furnishing of a certificate to the donor, specifying the donation amount and containing prescribed particulars, within a prescribed period.
Section 80G(5)(ix):
- Requires the institution or fund to issue a certificate to the donor, with similar requirements as to content and timing.
Analysis: This requirement is designed to facilitate the donor's claim for deduction, enhance traceability, and curb fictitious or inflated claims. The prescribed particulars are likely to be standardised to facilitate digital matching of claims and reporting.
3.8. Timelines for Application and Approval
Clause 354(2) and Table: 1[*********]
Section 80G(5) (Provisos): 1[*********]
3.9. Inquiry and Rejection Mechanism
Clause 354(3): 1[*********]
Section 80G(5) (Provisos): 1[*********]
3.10. Provisional Approval
Clause 354(4): 1[*********]
Section 80G(5) (Provisos) 1[*********]
3.11. Renewal and Expiry
Clause 354(2) (Table, Sl. No. 4 & 5): 1[*********]
Section 80G(5) (Provisos): 1[*********]
4. Practical Implications
For Charitable Institutions and Non-Profits:
- More predictable and time-bound approval process, facilitating better planning and compliance.
- Stricter requirements for record-keeping, reporting, and donor communication.
- Greater scrutiny of compliance with other applicable laws (e.g., FCRA, state trust laws), requiring robust internal controls and legal compliance systems.
For Donors:
- Greater assurance that donations are made to compliant and bona fide charities, reducing risk of denial of deduction.
- Streamlined process for obtaining donor certificates and claiming deductions.
For Tax Administration:
- Enhanced ability to monitor, audit, and enforce compliance through digital reporting and matching of donor and donee records.
- Reduced scope for abuse or diversion of charitable funds for non-charitable or private purposes.
- Improved clarity in handling applications, renewals, and provisional approvals.
Potential Challenges:
- Increased compliance burden, particularly for smaller charities with limited administrative capacity.
- Need for capacity building and guidance to ensure smooth transition to the new regime.
- Possible disputes regarding the interpretation of "charitable purpose", "religious nature" and compliance with other laws.
5. Comparative Analysis: Clause 354(1) vs. Section 80G(5)
| Provision/Requirement |
Clause 354(1) of the Income Tax Bill, 2025 |
Section 80G(5) of the Income-tax Act |
Analysis/Comment |
| Non-discrimination on religious/caste grounds |
Expressly prohibits benefit to any particular religious community or caste |
Similar prohibition: "not expressed to be for the benefit of any particular religious community or caste" |
Substantially similar; both uphold secular character and public benefit orientation |
| Charitable purpose and religious expenditure |
Must be established for charitable purpose; religious expenditure capped at 5% of total income |
Must be established for charitable purpose; Explanation 3 excludes "substantially religious" purposes; Section 80G(5B) allows up to 5% religious expenditure |
Clause 354(1) codifies the 5% cap directly in main conditions, aligning with judicial/legislative clarifications under 80G |
| Restriction on transfer/application of assets |
Instrument/rules must not allow transfer of assets for non-charitable purposes |
Similar requirement: "does not contain any provision for the transfer or application at any time of the whole or any part of the income or assets... for any purpose other than a charitable purpose" |
Both provisions mirror each other; ensures enduring dedication of assets |
| Maintenance of accounts |
Must maintain regular accounts of receipts and expenditure |
Earlier, required under 80G(5)(iv); now shifted to other clauses; still a core compliance requirement |
Both require proper accounting; Clause 354(1) is explicit and up-front |
| Filing of prescribed statements |
Mandatory, in prescribed form, time, and with verification |
Similar requirement inserted by recent amendments: 80G(5)(viii) |
Reflects shift to digital, data-driven compliance; Clause 354(1) integrates this as a primary condition |
| Correction statement |
Expressly provided for rectification or updating of information |
Similar provision in 80G(5)(viii) (as amended) |
Both address practical compliance needs; Clause 354(1) gives it standalone prominence |
| Certificate to donor |
Mandatory, with prescribed particulars and timelines |
80G(5)(ix), as amended, mandates similar certificates |
Both aim to standardise donor documentation and curb abuse |
| Application/renewal process and timelines |
Detailed table with cases, time limits, and validity periods (3 or 5 years) |
80G(5) (provisos) prescribes application timing and 5-year validity; recent amendments have aligned processes |
Clause 354(1) provides more granular, case-based timelines, enhancing certainty |
| Commissioner's powers and due process |
Express power to call for information, verify compliance, and require hearing before rejection/cancellation |
Similar powers in 80G(5) provisos; opportunity of being heard is mandated |
Both uphold procedural fairness; Clause 354(1) is more systematically structured |
| Other conditions (legal status, registration, etc.) |
References to registered non-profit or persons in Schedule III; further details in Rules/Schedules |
80G(5)(v) specifies trust, society, company, university, etc. |
Clause 354(1) likely to rely on cross-referenced definitions and registration requirements in the new Bill |
6. Conclusion
Clause 354(1) of the Income Tax Bill, 2025, represents a modernisation and rationalisation of the legal framework for approval of charitable organisations for the purpose of allowing tax deductions on donations. While the substantive conditions for approval remain broadly consistent with those u/s 80G(5) of the Income-tax Act, 1961, the new clause introduces enhanced procedural clarity, stricter timelines, and a more robust compliance and reporting regime. The move towards digital compliance, time-bound approvals, and explicit consideration of compliance with other laws reflects both administrative experience and the evolving policy landscape. For charitable institutions, the changes will require greater attention to compliance and record-keeping, but should also bring greater predictability and legitimacy to the sector. For donors and tax authorities, the new regime promises greater transparency and reduced scope for abuse. Potential areas for further reform may include specific guidance on the interpretation of "charitable purpose" versus "religious purpose," harmonisation with other regulatory regimes (e.g., FCRA), and capacity-building support for smaller entities to meet the enhanced compliance requirements.
Note :- 1. Irrelevant point deleted
Full Text:
Clause 354 Application for approval for purpose of section 133(1)(b)(ii).
Dated: 17-4-2025
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