It was held that the issue of the price of concession sugar could be decided only on the touchstone of the relevant factors noted by the Supreme Court in Krishna Sahakari Sakhar Karkhana Ltd (2014) 3 ITR-OL.462(SC). The matter was to be remanded to the Assessing Officer for fresh consideration whether or not the difference between the average price of sugar sold in the market and that sold to members at a concessional rate was an appropriation of profits, in the light of the directions given by the Supreme Court. (AY 2014-15, 2015-16)
Sant Tukaram Sahakari Sakhar Karkhana Ltd. v. ITO (2022) 96 ITR 72 (SN) (Pune) (Trib.)
S. 4 : Charge of income-tax-Co-Operative Sugar Factory-Sale of sugar at concessional rate to members-Matter remanded to the Assessing Officer. [S. 2(24)]