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Case law › Income-tax Act 2025 › Chapter XVII › Section 354
Chapter XVIIwas s.80G

Section 354 of the Income-tax Act, 2025

Section 354 — Application for approval for purpose of section 133(1)(b)(ii). Successor to s.80G of the 1961 Act.

Where this section sits

Section 354 is in Chapter XVII — Special Provisions Relating to Certain Persons, which runs from section 302 to section 355.

← Section 353  ·  Section 354A →

What this section does

Sub-section (1) lets a registered non-profit organisation, or a person referred to in Schedule VII (Table: Sl. No. 1), apply to the Principal Commissioner or Commissioner for approval for the purpose of section 133(1)(b)(ii), in the prescribed form and manner, subject to seven conditions: it must not be expressed to be for the benefit of any particular religious community or caste; it must be established in India for a charitable purpose and must not incur expenditure exceeding 5% of its total income during a tax year which is of a religious nature; its instrument or rules must not provide for transfer of any of its assets for a non-charitable purpose; it must maintain regular accounts of receipts and expenditure; it must prepare and deliver the prescribed statement to the prescribed income-tax authority; it must deliver a correction statement to rectify, add, delete or update that information; and it must furnish a certificate to the donor specifying the amount of the donation, within the prescribed period and in the prescribed manner.

Sub-section (2) carries a Table of five cases with the time to apply, the time for the order and the validity. Sl. No. 1, activities not commenced: apply at any time during the tax year from which approval is sought, order within one month from the end of the month of application, valid three tax years commencing from the tax year of application. Sl. No. 2, activities commenced: apply at any time during that tax year, order within six months from the end of the quarter of application, valid five tax years commencing from the tax year of application. Sl. No. 3, provisional approval held and activities commenced: apply within six months of commencement, same order period, same five-year validity commencing from the tax year of application. Sl. No. 4, provisional approval due to expire and activities not commenced, and Sl. No. 5, approval of a registered non-profit organisation due to expire: apply at least six months before expiry, same order period, valid five tax years following the tax year of application.

Sub-section (3) governs Sl. Nos. 2 to 5. The Principal Commissioner or Commissioner shall call for documents or information or make inquiries to satisfy himself about the genuineness of the activities and compliance with such requirements of any other law as are material for achieving the objects. If satisfied he approves in writing; if not, then after a reasonable opportunity of being heard he rejects the application where it was made under Sl. No. 2, and in any other case rejects it and also cancels the approval, sending a copy of the order to the applicant and the Assessing Officer. Sub-section (4) requires him to grant provisional approval on a Sl. No. 1 application.

Why it is there

Donations to an approved institution carry a deduction in the donor's hands under section 133(1)(b)(ii), so the approval has to be controlled at the entry point. The conditions fix what such an organisation may be and do, the Table gives approval a fixed life so it is tested again rather than granted once, and sub-section (3) requires an actual enquiry into genuineness before an organisation with a track record is approved. The provisional route lets a body that has not yet started work be approved quickly, on a shorter tenure and without that enquiry.

Who it applies to

The figures, and what each one turns on

Read the condition in the same row. A figure quoted without it is a wrong answer with a citation attached.
WhatFigureThe condition on itWhere
Ceiling on religious-nature expenditure5% of total income during a tax yearThe applicant must be established in India for a charitable purpose; expenditure of a religious nature above this disqualifiesSub-section (1)(b)
Time to pass the order where activities have not commencedOne month from the end of the month of applicationProvisional approval caseSub-section (2), Table Sl. No. 1, column D
Time to pass the order in all other casesSix months from the end of the quarter of applicationApplications under Table Sl. Nos. 2 to 5Sub-section (2), Table Sl. Nos. 2 to 5, column D
Validity of a provisional approvalThree tax yearsCommencing from the tax year in which the application is madeSub-section (2), Table Sl. No. 1, column E
Validity where activities have commencedFive tax yearsCommencing from the tax year in which the application is madeSub-section (2), Table Sl. Nos. 2 and 3, column E
Validity on renewalFive tax yearsFollowing the tax year in which the application is madeSub-section (2), Table Sl. Nos. 4 and 5, column E
Time to apply after activities commenceWithin six months of the commencement of activitiesWhere the applicant has provisional approval and activities have commencedSub-section (2), Table Sl. No. 3, column C
Time to apply for renewalAt least six months prior to expiryOf the provisional approval where activities have not commenced, or of the approvalSub-section (2), Table Sl. Nos. 4 and 5, column C

What this means in practice

Approval has a shelf life, and the validity column is where the difference lies: for Sl. Nos. 1 to 3 the period runs from the tax year of application, for the renewal cases in Sl. Nos. 4 and 5 from the tax year following. Renewal must be sought at least six months before expiry, and an organisation holding provisional approval has a separate, easily missed deadline within six months of commencing activities. The consequence of an adverse finding also differs: under sub-section (3)(b)(i) a Sl. No. 2 application is only rejected, but under (b)(ii) in every other case the Commissioner rejects and cancels the approval as well, so a renewal application can leave the organisation worse off than before it applied.

An example

Illustrative only, and invented for this page. The figures are chosen to show the rule biting, not taken from any real matter.

An organisation that has not yet begun its activities applies during the tax year from which it seeks approval. Under sub-section (4) the Principal Commissioner grants provisional approval, within one month from the end of the month of application, valid three tax years commencing from that year. Once activities begin it must apply again within six months of commencement under Sl. No. 3, and this time the Commissioner inquires into genuineness — if not satisfied, he may after hearing it both reject the application and cancel the provisional approval.

Where you meet this section

In the approval application filed with the Principal Commissioner or Commissioner in the prescribed form, and in the order granting, refusing or cancelling approval, a copy of which goes to the Assessing Officer. Donors meet the section through the certificate under condition (g), which supports the deduction under section 133(1)(b)(ii).

The words themselves

it is established in India for a charitable purpose and does not incur any expenditure of an amount exceeding 5% of its total income during a tax year which is of a religious nature
Section 354(1)(b), Income-tax Act, 2025.
in any other case, shall pass an order in writing rejecting the application and also cancelling the approval
Section 354(3)(b)(ii), Income-tax Act, 2025.

What people get wrong

What this replaced

The correspondence is the Income Tax Department’s own, from its comparison utility for the 1961 and 2025 Acts. A renumbering is the easy half; whether the words changed is the half that decides cases.

See the full 1961 to 2025 concordance.

Rules that serve this section

Rules of the Income-tax Rules, 2026 that work section 354. Where the rule’s own heading names the section we say so; the rest are marked on reading the rule, which is our derivation and not the department’s. A rule that serves the section silently and that we have missed will not appear here.

All of them are in the Rules 2026 index.

Circulars of the Board on this section

A circular binds the department, not you and not a court. Every one below was written under the 1961 Act; it reaches this section because the department’s own concordance carries the provision it names to this one.

See every circular and notification on this section, or the circulars index.

Notifications that reach this section

A notification is made under a power the Act gives and, within that power, is law. These too were made under the 1961 Act and are placed here by the department’s concordance. We hold 350 in all; the 250 most recent are listed.

See every circular and notification on this section, or the notifications index.

Case law carried across

Read this before you rely on it. Every decision below was decided under the Income-tax Act, 1961. It appears here because it is tagged to a 1961 provision that the department’s own mapping carries to section 354. That is an inference we have drawn, not a holding on the new section: where the words changed in the move, the reasoning may not survive. Treat this as the place to start looking, not as authority on the 2025 Act.

Explainers

Read with

What this page does not tell you. It does not reproduce the section. Everything above was written from the section’s own text as the Income Tax Department publishes it — the text is here, and nothing here is advice on your facts. Where a figure matters, read the sub-section it comes from.