1991 AIR SCW 2982 ::1992 ALL. L. J. 213 ::1992 TAX. L. R. 179 ::1991 KerLJ(Tax) 861 ::1992 (1) SCC 659 ::1992 UPTC 1 96 ::(1992) 60 Taxman 248 ::(1991) 4 JT 313 (SC)

Supreme Court Of India

(From : Allahabad)

Hon'ble Judge(s): Ranganath Misra, Kuldip Singh , JJ

(A) Charitable Institution - Exemption - Assessee, Radhasoami Satsang, a religious institution - Properties of assessee recorded in name of Sabha (Central Council) - No personal interest claimed therein by Sant Satguru - Property was subject to legal liability of being used for religious or charitable purpose of Satsang - Income derived by Satsang entitled to exemption under Ss. 11 and 12.Decision of Allahabad High Court, Reversed. Income-Tax Act (43 of 1961) , S.11, S.12— (Para 12) (B) Assessment - Principles of res judicata -Not applicable. Income-Tax Act (43 of 1961) , S.143— Civil P.C. (5 of 1908) , S.11— Priniciples of res judicata do not apply to income-tax proceedings. Again, 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 a 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.(Para 16) .....