Sections , 2(15) 11, 12 , 13 is code by itself ,the Judgement of the Supreme Court in New Noble Educational Society v. CCIT (2022)448 ITR 594/ 219 DTR 89 / 329 CTR 137 (SC), the Honourable Court has declared the law on the subject and it will operate prospectively . The judgement to be read in the contest the issue before the Supreme Court . The Honourable Supreme Court in CIT v. Sun Engineering Works P. ltd. (1992) 198 ITR 297 (SC) (320) the Court held that judgement to be read in the contest in which it was given . Therefore it cannot be said that the section 11 is virtually overridden . Each case has to be decided on facts . Refer Article of BCAJ Closements – Eligibility of educational institutions to claim exemption under section 10(23C) of the Income -tax Act , Part -1- Kishor Karia CA , Atul Jasani , Harsh Kothari Advocates ( 2023) BCAJ – January -P. 61
Closements – Eligibility of educational institutions to claim exemption under section 10(23C) of the Income -tax Act , – Part -II Kishor Karia CA , Atul Jasani , Harsh Kothari Advocates ( 2023) BCAJ – February -P. 65