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“commercial expediency”

Business ExpensesSection 37Section 371,685 judgments

The decision most relied on for commercial expediency is S.A. Builders Ltd. v. CIT (288 ITR 1), cited in 1,484 judgments on BharatTax.

Leading authorities on commercial expediency

S.A. Builders Ltd. v. CIT
288 ITR 1 · 2007 · Supreme Court
1,484
citing judgments

Interest paid on borrowed funds cannot be disallowed merely because the assessee made interest-free advances, provided those advances were made for business purposes and commercial expediency. The Revenue cannot dictate a businessman's commercial decisions, but the assessee bears the onus to prove the business expediency.

Empire Jute Co. Ltd. v. CIT
124 ITR 1 · 1980 · Supreme Court
622
citing judgments

Expenditure is classified as revenue or capital based on its practical business effect, necessity, or expediency, rather than solely on the juristic classification of rights; an enduring benefit does not automatically make an expenditure capital if it facilitates trading operations or business efficiency.

CIT v. Reliance Industries Ltd.
410 ITR 466 · 2019 · Supreme Court
501
citing judgments

When mixed funds are available, interest-free advances are presumed to be made from the assessee's own interest-free funds, preventing disallowance of interest expenditure under section 36(1)(iii). This principle also applies to section 14A disallowance, where interest expenditure is not disallowed if surplus funds are available and no direct nexus is established with borrowed funds for investments earning exempt income.

CIT v. Dalmia Cement (Bharat) Ltd.
254 ITR 377 · 2002 · High Court
417
citing judgments

When there is a nexus between an expenditure and the purpose of business, incurred on grounds of commercial expediency, the Revenue cannot question its reasonableness or assume the role of the businessman to compel profit maximization. This principle applies even if the business is not that of the assessee itself.

Hero Cycles Pvt. Ltd. v. CIT
379 ITR 347 · 2015 · Supreme Court
361
citing judgments

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.

CIT v. Abhishek Industries Ltd.
286 ITR 1 · 2006 · High Court
359
citing judgments

For interest on borrowed capital to be deductible under Section 36(1)(iii), there must be a nexus between the use of the borrowed funds and the purpose of the business. This decision has been overruled by the Supreme Court in Munjal Sales Corporation v. CIT (2008).

Eastern Investments Ltd. v. CIT
38 ITR 601 · 1960 · Supreme Court
346
citing judgments

Expenditure must be commercially expedient for carrying on the business, and it is not for revenue authorities to dictate how an assessee should conduct its business. The court will not question the business expediency of a transaction, even if a third party also benefits.

Sassoon J. David & Co. Pvt. Ltd. v. CIT
118 ITR 261 · 1979 · Supreme Court
323
citing judgments

An expense incurred by an assessee for its own business, such as advertising, marketing, and promotional (AMP) expenses, cannot be disallowed merely because it incidentally or indirectly benefits the assessee's sister concerns or associated enterprises.

Judgments citing commercial expediency

ACIT, Jhandewalan vs. M/S Mankind Pharma Ltd. (Earlier Known As M/S Magnet Labs Pvt. Ltd.), New Delhi

Accordingly, the appeal of assesse is allowed and of revenue dismissed

ITA 5141/DEL/2024[2017-18]Status: DisposedITAT Delhi27 Aug 2025AY 2017-18

Bench: Shri S. Rifaur Rahman & Shri Anubhav Sharmaassessment Year: 2017-18 Acit, Vs M/S Mankind Pharma Ltd. (Earlier Circle-16(1), Known As M/S Magnet Labs Pvt. Delhi. Ltd.), 208, Okhla Industrial Estate Phase-3, Delhi – 110 020. Pan: Aaccm1861C Assessment Year: 2017-18 M/S Mankind Pharma Ltd. Vs. Acit, (Earlier Known As M/S Magnet Circle-16(1), Labs Pvt. Ltd.), Delhi 208, Okhla Industrial Estate Phase-3, Delhi – 110 020. Pan: Aaccm1861C (Appellant) (Respondent) Assessee By : Shri Gaurav Jain, Advocate & Shri Rahul Prabhakar, Advocate Revenue By : Shri Vipul Kashyap, Sr. Dr Date Of Hearing : 05.08.2025 Date Of Pronouncement : 27.08.2025 Order Per Anubhav Sharma, Jm: These Are Cross Appeals Preferred By The Revenue & The Assessee Against The Order Dated 08.08.2024 Of The Commissioner Of Income-Tax (Appeals)-30

For Appellant: Shri Gaurav Jain, Advocate &For Respondent: Shri Vipul Kashyap, Sr. DR
Section 143(3)

follows; “8.4 Upon reviewing the appellant's submissions and the policy framework for reimbursements, it is clear that the policy is based on commercial expediency and aims to simplify the process of reimbursing employees for legitimate business expenses. Further it goes without saying that travelling expenses of MR are integral ... case, the Ld. CIT(A) has erred in merely relying upon the internal control mechanism of the assessee without considering the genuineness, commercial expediency and reasonability of the expenditure claimed to have been incurred. (v) That the appellant craves leave to add, amend, alter or forgo any grounds

Mankind Pharma Limited (As Successor of Magnet Labs Pvt. Ltd.), New Delhi vs. DCIT Circle 16(1) Delhi, Delhi

Accordingly, the appeal of assesse is allowed and of revenue dismissed

ITA 4654/DEL/2024[2017-18]Status: DisposedITAT Delhi27 Aug 2025AY 2017-18

Bench: Shri S. Rifaur Rahman & Shri Anubhav Sharmaassessment Year: 2017-18 Acit, Vs M/S Mankind Pharma Ltd. (Earlier Circle-16(1), Known As M/S Magnet Labs Pvt. Delhi. Ltd.), 208, Okhla Industrial Estate Phase-3, Delhi – 110 020. Pan: Aaccm1861C Assessment Year: 2017-18 M/S Mankind Pharma Ltd. Vs. Acit, (Earlier Known As M/S Magnet Circle-16(1), Labs Pvt. Ltd.), Delhi 208, Okhla Industrial Estate Phase-3, Delhi – 110 020. Pan: Aaccm1861C (Appellant) (Respondent) Assessee By : Shri Gaurav Jain, Advocate & Shri Rahul Prabhakar, Advocate Revenue By : Shri Vipul Kashyap, Sr. Dr Date Of Hearing : 05.08.2025 Date Of Pronouncement : 27.08.2025 Order Per Anubhav Sharma, Jm: These Are Cross Appeals Preferred By The Revenue & The Assessee Against The Order Dated 08.08.2024 Of The Commissioner Of Income-Tax (Appeals)-30

For Appellant: Shri Gaurav Jain, Advocate &For Respondent: Shri Vipul Kashyap, Sr. DR
Section 143(3)

follows; “8.4 Upon reviewing the appellant's submissions and the policy framework for reimbursements, it is clear that the policy is based on commercial expediency and aims to simplify the process of reimbursing employees for legitimate business expenses. Further it goes without saying that travelling expenses of MR are integral ... case, the Ld. CIT(A) has erred in merely relying upon the internal control mechanism of the assessee without considering the genuineness, commercial expediency and reasonability of the expenditure claimed to have been incurred. (v) That the appellant craves leave to add, amend, alter or forgo any grounds

Rolta India Ltd. Through Dr. Mamta Binani, Rp., Mumbai vs. Dy.Commissioner of Income Tax Central Circle -1(1), Mumbai

In the result, appeal of the assessee in ITA No

ITA 3563/MUM/2024[2020-21]Status: DisposedITAT Mumbai25 Aug 2025AY 2020-21

Bench: Shri Amit Shukla & Shri Arun Khodpiaआयकर अपील सं. / Ita No.3563/Mum/2024 "नधा"रण वष" / Assessment Year :2020-21 Rolta India Ltd. Through Dr. Mamta Binani, Rp. Rolta Tower-A, Rolta Technology Park, 22Nd Street, Midc, Marol Andheri (East), Mumbai-400 093 Pan: Aaacr2711G ........अपीलाथ" / Appellant बनाम / V/S. The Deputy Commissioner Of Income Tax, Central Circle-1(1), Mumbai ……""यथ" / Respondent आयकर अपील सं. / Ita No.2737/Mum/2023 "नधा"रण वष" / Assessment Year :2018-19 Rolta India Ltd. Through Dr. Mamta Binani, Irp. Rolta Tower-A, Rolta Technology Park, 22Nd Street, Midc, Marol Andheri (East), Mumbai-400 093 Pan: Aaacr2711G ........अपीलाथ" / Appellant M/S. Rolta India Ltd. बनाम / V/S. The Deputy Commissioner Of Income Tax, Central Circle-1(1), Mumbai ……""यथ" / Respondent

For Appellant: Shri Shekhar Gupta, CAFor Respondent: Shri Pankaj Kumar, CIT-DR
Section 143(3)Section 144C(13)Section 144C(5)Section 37(1)Section 92C

interest on outstanding receivables from AE’s, submitted that the assessee had granted loan to the subsidiary companies (AE’s) out of the commercial expediency as the subsidiary company sells its products in USA, thus indirectly promotes the name of the assessee and the assessee is benefited by virtue

Rolta India Ltd, Mumbai vs. DCIT, Central Circle-1(1), Mumbai

In the result, appeal of the assessee in ITA No

ITA 2737/MUM/2023[2018-19]Status: DisposedITAT Mumbai25 Aug 2025AY 2018-19

Bench: Shri Amit Shukla & Shri Arun Khodpiaआयकर अपील सं. / Ita No.3563/Mum/2024 "नधा"रण वष" / Assessment Year :2020-21 Rolta India Ltd. Through Dr. Mamta Binani, Rp. Rolta Tower-A, Rolta Technology Park, 22Nd Street, Midc, Marol Andheri (East), Mumbai-400 093 Pan: Aaacr2711G ........अपीलाथ" / Appellant बनाम / V/S. The Deputy Commissioner Of Income Tax, Central Circle-1(1), Mumbai ……""यथ" / Respondent आयकर अपील सं. / Ita No.2737/Mum/2023 "नधा"रण वष" / Assessment Year :2018-19 Rolta India Ltd. Through Dr. Mamta Binani, Irp. Rolta Tower-A, Rolta Technology Park, 22Nd Street, Midc, Marol Andheri (East), Mumbai-400 093 Pan: Aaacr2711G ........अपीलाथ" / Appellant M/S. Rolta India Ltd. बनाम / V/S. The Deputy Commissioner Of Income Tax, Central Circle-1(1), Mumbai ……""यथ" / Respondent

For Appellant: Shri Shekhar Gupta, CAFor Respondent: Shri Pankaj Kumar, CIT-DR
Section 143(3)Section 144C(13)Section 144C(5)Section 37(1)Section 92C

interest on outstanding receivables from AE’s, submitted that the assessee had granted loan to the subsidiary companies (AE’s) out of the commercial expediency as the subsidiary company sells its products in USA, thus indirectly promotes the name of the assessee and the assessee is benefited by virtue

Rubicon Research Limited (Formerly Known As Rubicon Research Private Limited), Thane, Maharashtra vs. Deputy Commissioner of Income Tax - Circle 15(3)(1), Mumbai

In the result, assessee’s appeal is allowed for statistical purposes

ITA 6647/MUM/2024[2021-22]Status: DisposedITAT Mumbai18 Aug 2025AY 2021-22

Bench: Smt. Beena Pillai & Smt. Renu Jauhriआयकर अपील सं./Ita No.6647/Mum/2024 (निर्धारण वर्ा/Assessment Year: 2021-22) Rubicon Research V/S. Deputy Commissioner Of Limited (Formerly बिधम Income Tax- Circle Known As Rubicon 15(3)(1), Mumbai Research Private Aaykar Bhavan, Maharshi Limited) Karve Road, New Marine Medone House, B-75, Lines, Churchgate, Mumbai Road No. 33, Wagle 400020 Estate, Thane 400604. Assessment Unit, National Faceless Assessment Centre Income Tax Department, Ministry Of Finance Delhi स्थायी लेखा सं./जीआइआर सं./Pan/Gir No: Aabcr1422M Appellant/अपीलधर्थी .. Respondent/प्रनिवधदी निर्ााररती की ओर से /Assessee By: Shri. Darpan Kirpalani रधजस्व की ओर से /Revenue By: Shri. Asif Karmali (Sr Dr)

For Appellant: Shri. Darpan KirpalaniFor Respondent: Shri. Asif Karmali (SR DR)
Section 143(3)Section 153Section 234BSection 37Section 92CSection 92C(3)Section 92D

clearly held that the TPO's jurisdiction is restricted to determining the ALP, and he cannot question the commercial expediency of transactions unless sham or bogus. 5. Therefore, the adhoc disallowance of 50% of the service charges on the basis of perceived benefit or sufficiency of evidence is beyond jurisdiction