2026 (8) TMI 448

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....ellant : Shri Akshay Modi, AR For the Respondent : Shri Mukesh Jain, CIT. DR ORDER PER DR. B.R.R. KUMAR, VICE-PRESIDENT:- The captioned two appeal have been filed by the Revenue against the separate orders both dated 26.03.2025 passed by the Ld. Commissioner of Income-Tax (Appeals), National Faceless Appeal Centre (NFAC), Delhi ("the CIT(A) in short), under Section 250 of the Income-ta....

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....of the case and in law, the Id. CIT(A) ought to have upheld the order of the Assessing Officer. 3. It is therefore prayed that the order of Id. CIT(A) may kindly be set aside that of the Assessing Officer be restored. 4. The appellant craves leave to add, alter, amend and/or withdraw any grounds of appeal either before or during the course of hearing of the appeal. 3. At the o....

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....ted by taking the effective rate to non-members as the commercial benchmark and treating only the differential per MT paid to members as embedded surplus (e.g. Rs. 75 per MT x quantity procured from members). A similar approach was also recognized by the Pune Bench in the case of Mohanrao Shinde Sahakari Sakhar Karkhana Ltd., ITA No. 1138/Pun/2017 (AY 2012-13), dated 17.07.2019, where the price pa....

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....tes that a part of such differential is directly attributable to demonstrable commercial factors (such as quality or recovery) rather than to membership In the absence of complete computations and supporting material before us, it is neither feasible nor proper to undertake this exercise at the appellate stage. We, therefore, restore the matter to the file of the AO for the limited purpose of reco....