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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.
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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