CHENNAI NANBARGAL NALA MANDRAM,CHENNAI vs. CIT EXEMPTIONS, CHENNAI
What did the Tribunal hold?
The Tribunal condoned the delay in filing the appeals and, in the interest of justice, remanded the matter back to the CIT(E). The assessee was granted an opportunity to furnish necessary documentary evidence to support its claims.
What were the facts?
The assessee's appeals were filed with a minor delay, which was condoned. The assessee's objects were relief of the poor, education, and medical relief, but the CIT(E) held that the activities did not qualify as charitable due to a lack of documentary evidence.
What were the issues?
Whether the assessee's activities qualified as charitable and whether the assessee should be granted another opportunity to furnish documentary evidence.
AI-generated summary — verify with the full judgment below
Before: SHRI S.S. VISWANETHRA RAVI & SHRI S.R. RAGHUNATHA
आयकर अपीलीय अिधकरण, ’ ए ’ �ायपीठ, चे�ई IN THE INCOME-TAX APPELLATE TRIBUNAL ‘A’ BENCH, CHENNAI �ी एस.एस. िव�ने� रिव, �ाियक सद� एवं �ी एस.आर. रघुनाथा, लेखा सद� के सम$ BEFORE SHRI S.S. VISWANETHRA RAVI, JUDICIAL MEMBER & SHRI S.R. RAGHUNATHA, ACCOUNTANT MEMBER आयकर अपील सं./I.T.A. Nos. 3347 & 3348/Chny/2026 िनधा%रण वष%/Assessment Years: -- Chennai Nanbargal Nala Mandram, Vs. Commissioner of Income Tax, 39/22, Pillayar Koil Street, (Exemptions) Saidapet, Chennai. Chennai – 600 015. [PAN: AAATC-0345-G] (अपीलाथ'/Appellant) (()थ'/Respondent) अपीलाथ' की ओर से / Appellant by : Ms. Divya, CA by virtual ()थ' की ओर से/Respondent by : Ms. R. Anita, CIT सुनवाई की तारीख/ Date of hearing 25.08.2026 : घोषणा की तारीख /Date of Pronouncement : 31.08.2026 आदेश /O R D E R PER S.S. VISWANETHRA RAVI, JUDICIAL MEMBER:
These appeals filed by the assessee are directed against the separate orders both dated 28.03.2026 passed by the ld. Commissioner of Income Tax (Exemptions), Chennai.
:-2-: ITA Nos: 3347 & 3348/Chny/2026
Since issues raised in both the appeals of the assessee are
similar based on the same identical facts, with the consent of both the
parties, we proceed to hear the appeals together and pass consolidated
order for the sake of convenience.
First we take up ITA No. 3347/Chny/2026.
We find that this appeal was filed with a delay of 02 days. The
assessee filed an affidavit explaining the reasons to condone the said delay. On perusal of the same and upon hearing both the parties, we find the reasons stated by the assessee are bonafide which really prevented the assessee in filing the appeal in time. Thus, delay of 02 days condoned.
At the outset, ld.AR, Ms. Divya, CA, drew our attention to the para no.4.3 of the impugned order and submits that the assessee’s objects are relief of the poor, education and medical relief. Further, she drew our attention to the para no.4.7.3 of the impugned order and submits that the ld.CIT(E) held the activities of the assessee does not engage itself in any of the activities relating to charities in the absence of necessary documentary evidences in support of its claim. She prayed to give one more opportunity for the assessee to furnish necessary documentary evidences and prayed to remand the matter to the file of the ld.CIT(E).
:-3-: ITA Nos: 3347 & 3348/Chny/2026
The ld.DR, Ms. R. Anita, CIT, vehemently opposed the same. She argued that the ld.CIT(E) afforded many opportunities, but no valid
documentary evidences were furnished before the ld.CIT(E). She prayed to reject the prayer of the ld.AR in remanding the matter to the file of the ld.CIT(E).
After hearing both the parties and on perusal of the impugned order, we note that the assessee stated that its objects are relief for the poor in the field of education and medical relief. But, however, as it appears from the impugned order that the ld.CIT(E) held the said activities are not in the relief to the poor basing on the material evidences on record. On perusal of the para no. 4.7.3 of the impugned order, the ld.CIT(E) clearly held that the applicant has failed to furnish necessary documents that it has conducted medical camps etc for the benefit of public at large. Further, applicant also failed to furnish necessary documents and evidences in support of its claim and therefore, taking into consideration the said findings of the ld.CIT(E), we are of the considered view that the assessee shall get another opportunity to furnish necessary documents as undertaken by the ld.AR. Thus, in the interest of justice, we deem it proper to remand the matter to the file of the ld.CIT(E) for his fresh consideration and the
:-4-: ITA Nos: 3347 & 3348/Chny/2026
assessee is liberty to file evidences, if any, in support of its claim. Thus, order of the ld.CIT(E) is set aside and grounds raised by the assessee are allowed for statistical purposes.
Now let us take ITA No. 3348/Chny/2026. 9. We find that this appeal was filed with a delay of 02 days. The assessee filed an affidavit explaining the reasons to condone the said delay. On perusal of the same and upon hearing both the parties, we find the reasons stated by the assessee are bonafide which really prevented the assessee in filing the appeal in time. Thus, delay of 02 days condoned.
Therefore, considering the submissions of the ld.AR and the ld.DR and in the facts and circumstances of the case, we note that the issue in present appeal is connected to the issue in ITA No. 3347/Chny/2026 wherein, we decided to remand the issue therein to the file of the ld.CIT(E), following the same view taken in ITA No. 3347/Chny/2026 in the aforementioned paras, we deem it proper to remand the matter to the file of the ld.CIT(E) for a fresh consideration. The assessee is liberty to file evidences, if any, in support of his claim. Thus, order of the ld.CIT(E) is set aside and grounds raised by the assessee are allowed for statistical purposes.
:-5-: ITA Nos: 3347 & 3348/Chny/2026
In the result, both the appeals filed by the assessee are allowed for statistical purposes. Order pronounced on 31st August, 2026 at Chennai.
Sd/- Sd/- (S.R. RAGHUNATHA) (S.S. VISWANETHRA RAVI) ACCOUNTANT MEMBER JUDICIAL MEMBER Chennai, Dated: 31.08.2026 JPV आदेश की (ितिलिप अ.ेिषत/Copy to: 1. अपीलाथ'/Appellant, 2.()थ'/ Respondent, 3. आयकर आयु//CIT, Chennai/Madurai/Coimbatore/Salem 4. िवभागीय (ितिनिध/DR & 5. गाड% फाईल/GF
PRASANNA Digitally signed by PRASANNA VANI JETTY VANI JETTY Date: 2026.09.01 17:16:22 +05'30'
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