CIT v. Walchand & Co.

65 ITR 381Supreme Court of India1967#246 most cited

What is CIT v. Walchand & Co. authority for?

The necessity and reasonableness of business expenditure, including the utilization of borrowed funds, must be judged from the perspective of a businessman based on commercial expediency, and cannot be dictated by revenue authorities. The onus is on the assessee to demonstrate the business purpose and commercial expediency.

314

judgments rely on this decision, according to BharatTax’s citation analysis of 367,842 Indian tax judgments — from 2008 to 2026.

Also referred to as

CIT v. Walchand & Co. · 65 ITR 381 · Section 40A(2) · Section 40A(3) · business expediency · commercial expediency · reasonableness of expenditure · necessity of expenditure · businessman's point of view · onus on assessee · disallowance of expenditure · revenue dictating expenses

Issues it is cited on

Judgments citing CIT v. Walchand & Co.

Income Tax Officer, Ward-1, Beawar vs. M/S Shephali Hotels & Resorts Pvt. Ltd., Beawar

In the result, the appeal of the Revenue is dismissed

ITA 1224/JPR/2018[2012-13]Status: DisposedITAT Jaipur05 Mar 2020AY 2012-13

Bench: : Shri Vijay Pal Rao, Jm & Shri Vikram Singh Yadav, Am Vk;Dj Vihy La-@Ita No. 1224/Jp/2018 Fu/Kzkj.K O"Kz@Assessment Year : 2012-13 Cuke The Ito M/S. Shephali Hotels & Resorts Pvt. Ltd Vs. Ward- 1 14-A, Ashirwad Bhawan Beawar Champa Nagar, Beawar Lfkk;H Ys[Kk La-@Thvkbzvkj La-@ Pan/Gir No.: Aamcs 9146 A Vihykfkhz@Appellant Izr;Fkhz@Respondent Jktlo Dh Vksj Ls@ Revenue By : Shri A.K. Mehla, Jcit-Dr Fu/Kzkfjrh Dh Vksj Ls@ Assessee By : Shri Prakul Khurana, Ca Lquokbz Dh Rkjh[K@ Date Of Hearing : 21/02/2020 ?Kks"K.Kk Dh Rkjh[K@ Date Of Pronouncement : 05 /03/2020 Vkns'K@ Order Per Vijay Pal Rao, Jm This Appeal By The Revenue Is Directed Against The Order Of Ld. Cit(A), Ajmer Dated 01-08-2018 For The Assessment Year 2010-11. The Revenue Has Raised The Following Grounds. ‘’In View Of The Facts & Circumstances Of The Case, The Ld. Cit(A), Ajmer Has Erred In:- 1. Deleting Addition Of Rs. 21,5,00,000/- Made On Account Of Bogus Share Application Money Received

For Appellant: Shri Prakul Khurana, CAFor Respondent: Shri A.K. Mehla, JCIT-DR fu/kZkfjrh dh vksj ls@
Section 133(6)Section 142(1)Section 68

…e managed by paying a lesser amount as Share Premium as a prudent businessman. The test of prudence by substituting its own view in place of the businessman’s has not been approved by the Supreme Court in the decisions of CIT vs Walchand & Co. (P) Ltd. [1967] 65 ITR 381 and J.K. Woollen Mfg. vs CIT [1969] 72 ITR 612 (SC).’’ 22 ITO, Ward- 1, Beawar vs M/s. Shaifali Hotels & Resorts Pvt. Ltd., Beawar In view of the facts, circumstances of the case as discussed above as well as the decisions cited (supra), we do not find any error or illegality in the impugned order of the ld. CIT(A). Thus the appeal of the Reven…