The assessee is  engaged in the activity of imparting education and applied for exemption under section 10(23C)(vi) of  Act before the Commissioner. The Commissioner found that the assessee earned profits to the extent of 67.81 per cent. without depreciation in the year in question and dismissed the application. On writ High Court directed the Commissioner to allow exemption. On appeal by the Revenue the Court held that  the judgment of the High Court was unsustainable taking into consideration the entire material on record, in fact, the Commissioner, while considering the application of the assessee for grant of exemption under section 10(23C)(vi) specifically held that the activity of the assessee could not be said to be solely for imparting the education and that the assessee earned profits which were found to be 67.81 per cent. without depreciation and 44.48 per cent. with depreciation. The finding of fact recorded by the Commissioner, as such, had not been upset. Court held that  for claiming the exemption under section 10(23C)(vi) the activity of the assessee must be solely for educational purposes and if ultimately it is found that the activity is for profits the assessee is not entitled to the exemption under section 10(23C)(vi) of the Act. Relied on New Noble Educational Society v. CCIT(2022 )448 ITR 594 (SC)a three-judge Bench of the court had not approved the decision in Queen’s Educational Society (2015) 372 ITR 699 (SC). (AY.2006-07)