THE COMMISSIONER vs. M/S GOPALAN ENTERPRISES
What did the High Court hold?
The High Court quashed the ITAT's order and remanded the matter back for fresh adjudication. The Tribunal is to reconsider whether the assessee complied with the Industrial Park Scheme, 2002, and is eligible for the deduction.
What were the facts?
The Revenue appealed against an ITAT order allowing the assessee's claim for deduction under Section 80IA(4)(iii). The Assessing Officer had denied the claim based on non-fulfillment of conditions stipulated by the Ministry of Commerce and the definition of 'unit'.
What were the issues?
Whether the assessee fulfilled the conditions for claiming deduction under Section 80IA(4)(iii) and the interpretation of 'unit' in the context of the scheme.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, BANGALORE IN ITA NO.924/BANG/2013 DATED 18-07-2014
1 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF NOVEMBER 2020 PRESENT THE HON’BLE MR. JUSTICE ALOK ARADHE AND THE HON’BLE MR. JUSTICE H.T.NARENDRA PRASAD I.T.A. NO.10 OF 2015 BETWEEN: 1. THE COMMISSIONER OF INCOME-TAX
C.R. BUILDING, QUEENS ROAD
BANGALORE. 2. THE DEPUTY COMMISSIONER OF INCOME-TAX
CIRCLE-11(3), R.P. BHAVAN
NRUPATHUNGA ROAD, BANGALORE-560001.
... APPELLANTS (BY SRI. K.V. ARAVIND, ADV.) AND: M/S. GOPALAN ENTERPRISES INDIA PVT. LTD., NO.5, RICHMOND ROAD NO.48, MUSEUM ROAD BANGALORE-560025. ... RESPONDENT (BY SMT. S.R. ANURADHA, ADV.) - - - THIS I.T.A. IS FILED UNDER SECTION 260-A OF I.T.ACT, 1961, ARISING OUT OF ORDER DATED 18-07-2014
2 PASSED IN ITA NO.924/BANG/2013, FOR THE ASSESSMENT YEAR 2009-10, PRAYING TO: I. FORMULATE THE SUBSTANTIAL QUESTIONS OF LAW STATED ABOVE. II. ALLOW THE APPEAL AND SET ASIDE THE ORDERS PASSED BY THE INCOME TAX APPELLATE TRIBUNAL, BANGALORE IN ITA NO.924/BANG/2013 DATED 18-07-2014 CONFIRMING THE ORDER OF THE APPELLATE COMMISSIONER AND CONFIRM THE ORDER PASSED BY THE DEPUTY COMMISSIONER INCOME TAX, CIRCLE-11(3), BANGALORE. THIS I.T.A. COMING ON FOR HEARING, THIS DAY, ALOK ARADHE J., DELIVERED THE FOLLOWING: JUDGMENT Mr.K.V.Aravind, learned counsel for the revenue. Smt.S.R.Anuradha, learned counsel for the assessee. 2. This appeal under Section 260-A of the Income Tax Act, 1961 (hereinafter referred to as ‘the Act’, for short) has been preferred by the revenue. The subject matter of the appeal pertains to the Assessment Year 2009-10. The appeal was admitted by a Bench of this Court vide order dated 7.12.2015 to consider the following substantial questions of law:
3 i. Whether, on the facts and in the circumstances of the case, the Tribunal was justified in holding that the assessee is eligible for claim of deduction under section 80IA(4)(iii) even though the conditions laid down by the Ministry of Commerce for the same have not been fulfilled by the assessee as noted by the assessing officer after physical verification of the premises and recorded perverse finding. ii. Whether, on the facts and in the circumstances of the case, the Tribunal was justified in placing reliance on the order of Tribunal, Bangalore Bench, in the case of M/s. Piramal Projects Pvt. Ltd., (139 ITJ 233) and held that "unit" means separate floor, without appreciating that the intent of Legislature is to encourage the creation of more businesses for the economy and not creation of more floors in the building and recorded perverse finding. 3. For the reasons assigned in the judgment dated 09.11.2020 passed in ITA No.3/2015, we are left with no option but to quash the order passed by the Tribunal. Therefore, it is not necessary to answer the substantial questions of law. The Tribunal shall decide the matter
4 afresh and shall after affording an opportunity of hearing to the parties, shall record a finding whether the assessee has complied with the conditions laid down in the Industrial Park Scheme, 2002 and whether the assessee is eligible to claim deduction under Section 80IA(4)(iii) of the Act. In the result, the appeal is disposed of. Sd/- JUDGE Sd/- JUDGE RV
More judgments on Section 80IA(4)(iii)
- Rupa Infotech and Infrastructure Pvt Ltd… vs Dy. Commissioner of Income Tax Circle…ITA 4750/MUM/2025[2012-13]Status: Disposed5 Dec 2025AY 2012-13
- Olympia Tech Park (Chennai) Pvt. Ltd… vs ACIT, Circle-1, Ltu, ChennaiITA 1033/CHNY/2025[2013-14]Status: Disposed31 Oct 2025AY 2013-14
- Assistant Commissioner of Income Tax… vs Olympia Tech Park (Chennai) Private…ITA 886/CHNY/2025[2017-18]Status: Disposed4 Jul 2025AY 2017-18
- Assistant Commissioner of Income Tax… vs Olympia Tech Park (Chennai) Private…ITA 873/CHNY/2025[2016]Status: Disposed4 Jul 2025
- Assistant Commissioner of Income Tax… vs Olympia Tech Park (Chennai) Private…ITA 832/CHNY/2025[2018-19]Status: Disposed4 Jul 2025AY 2018-19
Recent GST High Court judgments
Search GST case law →- Ajay Kumar @ Ajay Sharma vs. Union Of INDIA Rep Thr The Intelligence Officer, Directorate General Of GST Intelligence (Dggi)Jharkhand · 29 Oct 2026
- M/S Maa Shila Traders vs. The State Of BiharPatna · 29 Oct 2026
- M/S Ashish Enterprises vs. Assistant Commissioner Gsto Ward No. 86Delhi · 29 Oct 2026
- M/S Om.S.R. Construction, Through Its Proprietor Mr. Kuldeep Sharma vs. The State Of Jharkhand Through Its Commissioner, Commerical Tax DepartmentJharkhand · 28 Oct 2026
- M/S. Bhanwal Trading And Company vs. The Union Of INDIARajasthan · 28 Oct 2026