Dy. CIT v. Gopalan Enterprises (India) Pvt. Ltd. (2021) 90 ITR 30 (SN) (Bang.)(Trib.)

S. 80IA : Industrial undertakings-Infrastructure development-Functional Test-Each unit must function independently-Matter remanded. [S. 80IA(4)(iii)]

Held that  the assessee had to factually establish that it had four units or more and that no unit occupied more than 50 per cent. allocable area. Accordingly, the Assessing Officer was to come to a factual finding that the assessee’s claim of five floors of the industrial park were independent and separate units. The matter remanded  (AY. 2006-07, 2008-09, 2009-10)