Hero Cycles Pvt. Ltd. v. CIT

379 ITR 347Supreme Court of India2015#208 most cited

What is Hero Cycles Pvt. Ltd. v. CIT authority for?

The Revenue cannot substitute its judgment for that of a businessman regarding the necessity or reasonableness of an expenditure. If an expense is incurred wholly and exclusively for business purposes, it is deductible, and the Revenue cannot question its commercial expediency.

361

judgments rely on this decision, according to BharatTax’s citation analysis of 366,470 Indian tax judgments — from 2011 to 2026.

Also referred to as

Hero Cycles Pvt. Ltd. v. CIT · 379 ITR 347 · 16 SCC 359 · Section 36(1)(iii) · commercial expediency · business expediency · disallowance of expenditure · interest-free advances · corporate guarantee · wholly and exclusively for business · Revenue's armchair approach · sales promotion expenditure

Issues it is cited on

Judgments citing Hero Cycles Pvt. Ltd. v. CIT

DCIT, C-V, Ludhiana vs. M/S Hero Cycles Ltd., Ludhiana

In the result, appeal of the Department is dismissed and the appeal of the assessee is allowed

ITA 588/CHANDI/2018[2012-13]Status: DisposedITAT Chandigarh08 Sept 2025AY 2012-13

Bench: SHRI. RAJPAL YADAV (Vice President), SHRI. KRINWANT SAHAY, AM आयकर अपील सं. / ITA No. 588/Chd/2018 निर्धारण वर्ष / Assessment Years : 2012-13 The DCIT C-V, Ludhiana बनाम M/s Hero Cycles Ltd. Hero Nagar, G.T. Road Ludhiana स्थायी लेखा सं./PAN NO: AAACH4073P अपीलार्थी/Appellant प्रत्यर्थी / Respondent आयकर अपील सं. / ITA No. 473/Chd/2018 निर्धारण वर्ष / Assessment Years : 2012-13 M/s Hero Cycles Ltd. Hero Nagar, G.T. Road Ludhiana बनाम The ACIT C-V, Ludhiana स्थायी लेखा सं./PAN NO: AAACH4073P

For Appellant: Shri Ashwani Kumar, Shri Ashish Aggarwal &For Respondent: Shri Manav Bansal, CIT, DR
Section 10(38)Section 143(1)Section 14ASection 36(1)(iii)

…r business purposes and that there are host of judgments on this issue. Reliance is placed on the case law already filed before your Honour and further case law which is being filed now. The landmark judgments on this issue are Hero Cycles ltd. v/s CIT (2015) 379 ITR 347 (SC), S A Builders ltd. v/s CIT (2007) 288 ITR 1 (SC) and Munjal Sales Corp Vs. CIT(2008) 298 ITR 298 (SC). All this case law is directly on the issue of allowability of interest on loans given to a subsidiary company for business purposes. 2. There is a further disallowance of interest of Rs. 6,14,36,250/- on advance ofRs. 54.61 cr. to Hero Expo…

V V Transport, Rohtak vs. Assistant Commissioner of Income Tax, Rohtak

In the result, the appeal of the assessee is allowed

ITA 989/DEL/2024[2017-18]Status: DisposedITAT Delhi08 Aug 2025AY 2017-18

Bench: Shri Yogesh Kumar U.S & Shri Manish Agarwal[Assessment Year : 2017-18] V.V. Transport, Vs Acit, 96-A, Sindhu Bhawan, Rohtak Subhash Nagar, Rohtak, Haryana-124001. Pan-Aadfv5250G Appellant Respondent Appellant By Ms. Sakshi Pandey, Adv. Respondent By Shri Om Prakash, Sr. Dr Date Of Hearing 15.05.2025 Date Of Pronouncement 08.08.2025 Order Per Manish Agarwal, Am : The Present Appeal Is Filed By The Assessee Against The Order Dated 05.01.20248 Passed By Ld. Commissioner Of Income Tax (A)/Addl/Jcit(A)-7, Kolkata [“Ld.Cit(A)”] In Appeal No.Cit(A), Rohtak/10584/2019-20 U/S 250 Of The Income Tax Act, 1961 [“The Act”] Arising From The Assessment Order Dated 20.12.2019 Passed U/S 143(3) Of The Act Pertaining To Assessment Year 2017-18. 2. Brief Facts Of The Case Are That The Assessee Is A Partnership Firm, Engaged In The Business Of Running Of Petrol Pump. The Return Of Income For The Year Under Appeal Was Filed On 28.10.2017, Declaring Total Income Of Inr 4,29,25,730/-. The Case Of The Assessee Was Selected For Complete Scrutiny For The Reasons Of Cash Deposits During Demonetization Period & Notice U/S 143(2) Was Issued On 24.09.2018. After Considering The Submissions & The Books Of Accounts Submitted, The Ao Had Taken No Adverse Inference On The Issue Of Cash Deposited During Demonetization Period However, He Has Made Disallowance Of Inr 12,20,700/- By Holding That The Assessee Has Made Interest Free Advances To Staff & To One Of The Partners Whereas It Is Paying Interest On The Borrowings. In First Appeal, Ld.Cit(A) Has Deleted The Disallowance Made Out Of The Interest Payments Towards The Staff Advances Given However, Confirmed The Disallowance On Account Of Advances Given To The Partner Of Inr 1 Crore.

Section 143(2)Section 143(3)Section 234ASection 250Section 36

…ITA No.989/Del/2024 IN THE INCOME TAX APPELLATE TRIBUNAL DELHI “C” BENCH: NEW DELHI BEFORE SHRI YOGESH KUMAR U.S, JUDICIAL MEMBER & SHRI MANISH AGARWAL, ACCOUNTANT MEMBER [Assessment Year : 2017-18] V.V. Transport, vs ACIT, 96-A, Sindhu Bhawan, Rohtak Subhash Nagar, Rohtak, Haryana-124001. PAN-AADFV5250G APPELLANT RESPONDENT Appellant by Ms. Sakshi Pandey, Adv. Respondent by Shri Om Prakash, Sr. DR Date of Hearing 15.05.2025 Date of Pronouncement 08.08.2025 ORDER PER MANISH AGARWAL, AM : The present appeal is filed by the assessee against the order dated 05.01.20248 passed by Ld. Commissioner of Income Tax (A)…

Add Advisors Private Limited, New Delhi vs. National E-Assessment Centre, Delhi

In the result, the appeal of the Revenue is dismissed and appeal

ITA 854/DEL/2024[2018-19]Status: DisposedITAT Delhi25 Jun 2025AY 2018-19

Bench: Shri Challa Nagendra Prasad & Shri S Rifaur Rahmanिनधा"रणवष"/Assessment Year: 2018-19 बनाम Deputy Commissioner Of Add Advisors Pvt. Ltd. Res-Cowork 03, 5Th Floor, Income Tax, Vs. Circle-1(1), Room No.153A, Caddie Commercial Tower, Aerocity, C.R. Building, I.P. Estate, Delhi International Airport, New Delhi. New Delhi. Pan No. Aaica3938N अपीलाथ" Appellant ""यथ"/Respondent & िनधा"रणवष"/Assessment Year: 2018-19 बनाम Add Advisors Pvt. Ltd. Deputy Commissioner Of Res-Cowork 03, 5Th Floor, Vs. Income Tax, Caddie Commercial Tower, Aerocity, Circle-1(1), Room No.153A, Delhi International Airport, C.R. Building, I.P. Estate, New Delhi. New Delhi. Pan No. Aaica3938N अपीलाथ" Appellant ""यथ"/Respondent

Section 37(1)Section 69Section 69C

…ment related services to its client at various locations on PAN India basis. As against the business of rendering marketing and advertisement services to render its services. 5. The Hon’ble Supreme Court in Hero Cycles Pvt. Ltd. Vs. CIT (Central) Ludhiana (379 ITR 347) and the Hon’ble Bombay High Court in the case of PCIT Vs. Merck Limited (434 ITR 596) held that where sales promotion and conference expenditure incurred by the assessee was wholly and exclusively for the purpose of business, whether necessary or not, the same has to be allowed as revenue expenditure. 6. In view of the above, we hold that th…