JUDGMENT

Pritinker Diwaker, ACJ.

Heard Sri Ashish Agrawal, learned counsel for the revenue and Sri C.S. Agrawal, learned Senior Advocate, assisted by Sri Shubham Agrawal, learned counsel for the assessee.

2. Present appeal has been filed by the revenue under section 260A of the INCOME TAX ACT , 1961 (hereinafter referred to as 'the Act') arising from the order of the Income Tax Appellate Tribunal, Delhi Bench:'B' New Delhi dated 07.09.2021, in ITA No. 1887/DEL/2018, DCIT Exemption Circle, Ghaziabad v. Swami Omkarananda Saraswati Charitable Trust for the A.Y. 2014-15. By that order the Tribunal has dismissed revenue's appeal and confirmed the order of the CIT (Appeals) Haldwani, dated 12.12.2017. By that order the CIT (Appeals) had (i) deleted addition of Rs. 17,15,732/- being surplus arising in the conduct of charitable activity (ii) allowed depreciation Rs. 22,90,026/- (iii) allowed benefit of organisational donation Rs. 49,93,587/- and (iv) allowed benefit of corpus donation of Rs. 10,30,98,704/-. Primarily the Tribunal has reasoned-similar nature of activity and donations etc. were subject matter of challenge in the assessment proceedings for A.Y. 2010-11. The CIT (Appeals) had allowed assessee's appeal in that year. That view was confirmed by the Tribunal while dismissing revenue's appeal in that Assessment Year, vide order dated 04.8.2017. That view prevailed in the case of the assessee for A.Ys. 2003-04 to 2012-13.

3. Present appeal has been pressed on the following questions of law (as proposed):

"1. Whether the Hon'ble Income Tax Appellate Tribunal was justified in dismissing the appeal of the Revenue and allowing benefit of section 11 of the Income Tax Act, 1961 without considering that the assessee is primarily engaged in commercial activities?

2. Whether the Hon'ble Income Tax Appellate Tribunal was justified in dismissing the appeal of the Revenue and allowing benefit of section 11 of the Income Tax Act, 1961 without considering that the activities carried out by the assessee during instant assessment year were not found to be covered by the limb of 'charitable purpose' as defined in section 2(15) of the Income Tax Act, 1961?

3. Whether the Hon'ble Income Tax Appellate Tribunal had erred in law in the relying upon the orders passed in the assessee's own case for preceding years without appreciating that income tax proceedings for each year is a different proceedings and the principle of res judicata is not applicable in the income tax proceedings?"

4. At the very outset it may be noted, Swami Omkarananda Saraswati Charitable Trust (hereinafter described as 'the assessee') came into existence on 31.03.1989. It was registered with the Sub Registrar Dev Prayag, Uttarakhand on 10.4.1989. It is not in dispute that the objects of the trust were to develop schools and colleges to impart education and also to provide medical aid to the needy. Undisputedly, those objects were 'charitable' within the meaning of that word under Section 2(15) of the Act. Not only that, the assessee was granted registration under Section 12A of the Act by the CIT, Meerut on 01.4.1989. That registration remained valid and has continued through the Assessment Year in question.

5. Then, the Tribunal has noted, the assessee continued to enjoy exemption under Section 11 /12 of the Act since the A.Y. 2002-03 onwards. During the A.Y. 2010-11, the Assessing Authority of the assessee took a different view and disallowed the claim of exemption. However, upon appeal, the CIT (Appeals) allowed the assessee's appeal for that Assessment Year and granted exemption. It was confirmed in further appeal, by the Tribunal, vide its order dated 04.08.2017.

6. Upon query made, learned counsel for the revenue fairly states that the said order of the Tribunal has long attained finality. Similar results arose in the assessment proceedings for A.Ys. 2011-12 and 2012-13.

7. Since primary facts affecting the claim of exemption on the strength of 'charitable purpose' pursued