Donation in kind not eligible under section 80G but eligible u/s 37

In Surat Electricity Co Ltd Vs. Asst. CIT (2010) 35 DTR (Ahd) (Trib) 272 the assessee as per direction of the State Government supplied fodder to various cattle camps for maintaining smooth relations with the Government. In view of Explanation 5 to section 80 G it was held that the donation of grass fodder is not eligible for deduction. However, since it satisfied the test of commercial expediency it was held that it is allowable under section 37.

NF