TMI Blog2013 (2) TMI 180X X X X Extracts X X X X X X X X Extracts X X X X ..... bove. As decided in M/s. Radhasoami Satsang, Agra vs. Commissioner of Income Tax, [1991 (11) TMI 2 - SUPREME COURT] strictly speaking res judicata does not apply to income tax proceedings but where a fundamental aspect permeating through the different assessment years has been found as fact one way or the other and parties have allowed that position to be sustained by not challenging the order, it would not be at all appropriate to allow the position to be changed in a subsequent year unless there was any material change justifying the Revenue to take a different view of the matter. Also see Bharat Sanchar Nigam Ltd. And another vs. Union of India and others, (2006 (3) TMI 1 - SUPREME COURT). As in the assessment year 1973-74, 1974-7 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... as assessed in the status of 'Association of Persons'. The Income-tax Officer after going through the aims and objects of the assessee-society as are clear from the Memorandum of Association of the assessee, has for the reasons stated in the assessment order in the case of the assessee for Assessment Year 1974-75, which was followed in the subsequent years, held that the aims and objects of the Society indicate that it was carrying on the activity for profit. The objects enumerated in clauses (a) to (d) fall within the following categories of definition of charitable purposes as defined u/s 2(15) of the Act. Object (a): It envisages training in commerce, trade, industry and vocational lines in general and insurance line in particular ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ter by way of appeal before the CIT(Appeals)-VIII, New Delhi, who has agreed with the ITO that the assessee as in the past carried on the insurance agency business and the other main object of the assessee society was of general public utility. The activity for profit in the shape of the said business would come in the way of granting exemption to the assessee under Section 11 of the Act. 5. The respondent-assessee preferred an appeal before the Tribunal. The Tribunal has held that the aims and objects of the respondent-assessee which were same for the assessment years 1975-76 and 1976-77 as also which was approved by this Court in the matter relating to reopening of the assessment under Section 148 of the Act for the Assessment Year 1960 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n the case of this this very assessee as also the earlier orders of the Tribunal in the matter. 8. In the case of M/s. Radhasoami Satsang, Agra vs. Commissioner of Income Tax, 1992 UPTC 96, the Apex Court has held that strictly speaking res judicata does not apply to income tax proceedings as each assessment year being a unit, what is decided in one year may not apply in the following year but where a fundamental aspect permeating through the different assessment years has been found as fact one way or the other and parties have allowed that position to be sustained by not challenging the order, it would not be at all appropriate to allow the position to be changed in a subsequent year unless there was any material change justifying the R ..... X X X X Extracts X X X X X X X X Extracts X X X X
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