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The ITAT set aside the CIT(A)'s order regarding the sale of sugar at concessional rates by a cooperative sugar factory. While acknowledging the customary practice of selling sugar at concessional rates to farmers, the Tribunal noted that the assessee failed to specify the number of members and non-members who received such concessions. The Sugar Commissioner's directions under Section 79(A) of Maharashtra Co-operative Societies Act, 1960 permitted sale of maximum 5 kg sugar monthly at concessional rates only to members who supplied sugarcane. The matter was remanded for denovo adjudication, requiring CIT(A) to analyze specific facts in light of the Supreme Court's decision in Krishna SSK Ltd. Appeal allowed for statistical purposes.
The ITAT set aside the CIT(A)'s order regarding the sale of sugar at concessional rates by a cooperative sugar factory. While acknowledging the customary practice of selling sugar at concessional rates to farmers, the Tribunal noted that the assessee failed to specify the number of members and non-members who received such concessions. The Sugar Commissioner's directions under Section 79(A) of Maharashtra Co-operative Societies Act, 1960 permitted sale of maximum 5 kg sugar monthly at concessional rates only to members who supplied sugarcane. The matter was remanded for denovo adjudication, requiring CIT(A) to analyze specific facts in light of the Supreme Court's decision in Krishna SSK Ltd. Appeal allowed for statistical purposes.
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