The High Court upheld the Income Tax Appellate Tribunal's order...

The High Court upheld the Income Tax Appellate Tribunal's order setting aside the cancellation of registration granted u/s 12A to the assessee-society. The Court held that the Commissioner of Income Tax did not have retrospective jurisdiction to cancel the registration from 2004-05 as the power was conferred only by the 2010 amendment. Even prospectively, cancellation was not warranted as the society's activities of constructing buildings and establishing a college and hospital were incidental to its charitable objects. Transferring funds to another society for establishing hospitals in other districts could not be a ground for cancellation. The cancellation of registration can only be prospective, not retrospective. The Revenue's appeal was dismissed.

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