S. MOHAN, OFFG. C. J.

These two writ appeals arise out of the judgment of our learned brother, Justice Nainar Sundaram. Except that the years of assessment involved are different, the point involved is one and the same The appellant is a trust known as "Thanthi Trust". This was created under an instrument of declaration of trust dated March 1, 1954. The purpose of the trust was to found a Tamil daily newspaper called "Daily Thanthi" as an organ of educated public opinion for the Tamil-reading public. This was to facilitate the dissemination of views and ventilation of opinion on all matters of public interest through the said newspaper.

The appellant is an assessee on the file of the respondent. The trust was claiming exemption under section 4(3)(i) of the Indian Income-tax Act, 1922, from 1955-56 onwards in respect of its income. Though there were several proceedings, ultimately, the claim for exemption came to be granted. After the coming into force of the Income-tax Act, 1961, exemption was again claimed under section 11 of the said Act. There were several protracted proceedings which led to the filing of numerous writ petitions.

To the deed of declaration of trust dated March 1, 1954, a supplementary deed was executed by the donor on June 28, 1961, directing that the surplus income of the trust should be utilised only for educational purposes. The appellant thereupon filed C. S. No. 90 of 1961, by way of originating summons in the High Court. It was held by the High Court that the trustees were bound by the supplementary deed and, therefore, the entire income had to be spent for the purposes mentioned in the supplementary deed.

There were proposals for the reopening of assessments. For the years 1968-69 and 1969-70, the Income-tax Officer rejected the assessee's claim for exemption under section 11(1) of the Income-tax Act. Aggrieved by such assessments, the appellant preferred 1. T. A. Nos. 21 and 41 of 1972-73During the pendency of the appeals, the appellant had questioned the validity of the reopening of assessments in Writ Petitions Nos. 611, 1557 to 1559 and 3352 to 3357 of 1969 and succeeded. It was held by this court that there was no possibility of the subsequent Income-tax Officers considering the nature of the trust and the application of its funds for the purpose of determining the question regarding the genuineness and validity of the trust. The said judgment was reported in Thanthi Trust v. ITO 1973 (91) ITR 261 (Mad)

The Revenue filed S. C. P. Nos. 213 to 221 of 1972 and 27 and 66 to 69 of 1974 praying for leave of this court to appeal to the Supreme Court against the judgment in Writ Petitions Nos. 1557 to 1559 of 1969 and 3352 to 3357 of 1969. Leave was refused by this court. Thereupon, the Revenue filed S. L. P. Nos. (Civil) 2959 to 2997 of 1975 in the Supreme Court and the Supreme Court by its order dated January 29, 1976, dismissed the same.

While the matter stood thus, the appeal filed against the assessments stated above came to be allowed. The Revenue preferred an appeal to the Income-tax Appellate Tribunal. The Tribunal, by orders dated April 22, 1978, and September 25, 1978, held that by reason of the judgment and decree in C. S. No. 90 of 1961, the objects of the trust are only those that are set out in the schedule to the decree and that they are charitable objects. The petitioner-appellant would be entitled to exemption in respect of such income derived from business as was shown to have actually parted with by it and actually spent on such charitable objects during the relevant previous years.

Aggrieved by the Tribunal's order, the appellant as well as the Revenue sought reference to this court. By judgment dated January 29, 1981, the reference was answered in favour of the appellant. It was held that the appellant-trust was a public charitable trust and could claim exemption under section 11 of the Income-tax Act. Against the said judgment, the Revenue preferred S. L. P. (Civil) Nos. 10007