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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

M/S Gujarat Realtores, Mumbai vs. Deputy Commissioner of Income Tax, Central Circle 1, Thane

In the result, the appeal for assessment year 2009

ITA 3525/MUM/2023[2013-14]Status: DisposedITAT Mumbai30 May 2024AY 2013-14

Bench: Shri Om Prakash Kant () & Ms. Kavitha Rajagopal () Ita Nos. 3523 To 3525/Mum/2023 Assessment Years: 2009-10, 2012-13, 2013-14 M/S Gujarat Realtors, Dy. Cit Central Circle-1, Ground Floor, Samriddhi, Room No. 10, 6Th Floor, Ashar Annapurna Estate, Indralok, Vs. It Park, Wagle Industrial Godhbunder Link Road, Thane, Estate, Thane (W)-400604. Bhayander, 401105. Pan No. Aahfg 0051 C Appellant Respondent Assessee By : Mr. Anuj Kisnadwala Revenue By : Mr. Manoj Kumar Singh, Sr. Dr Date Of Hearing : 16/04/2024 : Date Of Pronouncement 30/05/2024

For Appellant: Mr. Anuj KisnadwalaFor Respondent: Mr. Manoj Kumar Singh, Sr. DR
Section 143(3)Section 147Section 148Section 153CSection 234BSection 36Section 68

profit and loss account on the ground that assessee had ground that assessee had advanced loans to sister’s concern without any commercial expediency loans to sister’s concern without any commercial expediency loans to sister’s concern without any commercial expediency ,therefore, interest corresponding to such loan ... that the loan to M/s Gujarat Construction not the claim of the appellant that the loan to M/s Gujarat Construction was advanced for any commercial expediency. The only contention of the was advanced for any commercial expediency. The only contention of the was advanced for any commercial expediency. The only

M/S Gujarat Realtores, Mumbai Suburban vs. Deputy Commissioner of Income Tax -Central Circle 1, Thane

In the result, the appeal for assessment year 2009

ITA 3524/MUM/2023[2012-13]Status: DisposedITAT Mumbai30 May 2024AY 2012-13

Bench: Shri Om Prakash Kant () & Ms. Kavitha Rajagopal () Ita Nos. 3523 To 3525/Mum/2023 Assessment Years: 2009-10, 2012-13, 2013-14 M/S Gujarat Realtors, Dy. Cit Central Circle-1, Ground Floor, Samriddhi, Room No. 10, 6Th Floor, Ashar Annapurna Estate, Indralok, Vs. It Park, Wagle Industrial Godhbunder Link Road, Thane, Estate, Thane (W)-400604. Bhayander, 401105. Pan No. Aahfg 0051 C Appellant Respondent Assessee By : Mr. Anuj Kisnadwala Revenue By : Mr. Manoj Kumar Singh, Sr. Dr Date Of Hearing : 16/04/2024 : Date Of Pronouncement 30/05/2024

For Appellant: Mr. Anuj KisnadwalaFor Respondent: Mr. Manoj Kumar Singh, Sr. DR
Section 143(3)Section 147Section 148Section 153CSection 234BSection 36Section 68

profit and loss account on the ground that assessee had ground that assessee had advanced loans to sister’s concern without any commercial expediency loans to sister’s concern without any commercial expediency loans to sister’s concern without any commercial expediency ,therefore, interest corresponding to such loan ... that the loan to M/s Gujarat Construction not the claim of the appellant that the loan to M/s Gujarat Construction was advanced for any commercial expediency. The only contention of the was advanced for any commercial expediency. The only contention of the was advanced for any commercial expediency. The only

M/S. Gujarat Realtors (Firm), Bhayander vs. DCIT, CC-1, Thane

In the result, the appeal for assessment year 2009

ITA 3523/MUM/2023[2009-10]Status: DisposedITAT Mumbai30 May 2024AY 2009-10

Bench: Shri Om Prakash Kant () & Ms. Kavitha Rajagopal () Ita Nos. 3523 To 3525/Mum/2023 Assessment Years: 2009-10, 2012-13, 2013-14 M/S Gujarat Realtors, Dy. Cit Central Circle-1, Ground Floor, Samriddhi, Room No. 10, 6Th Floor, Ashar Annapurna Estate, Indralok, Vs. It Park, Wagle Industrial Godhbunder Link Road, Thane, Estate, Thane (W)-400604. Bhayander, 401105. Pan No. Aahfg 0051 C Appellant Respondent Assessee By : Mr. Anuj Kisnadwala Revenue By : Mr. Manoj Kumar Singh, Sr. Dr Date Of Hearing : 16/04/2024 : Date Of Pronouncement 30/05/2024

For Appellant: Mr. Anuj KisnadwalaFor Respondent: Mr. Manoj Kumar Singh, Sr. DR
Section 143(3)Section 147Section 148Section 153CSection 234BSection 36Section 68

profit and loss account on the ground that assessee had ground that assessee had advanced loans to sister’s concern without any commercial expediency loans to sister’s concern without any commercial expediency loans to sister’s concern without any commercial expediency ,therefore, interest corresponding to such loan ... that the loan to M/s Gujarat Construction not the claim of the appellant that the loan to M/s Gujarat Construction was advanced for any commercial expediency. The only contention of the was advanced for any commercial expediency. The only contention of the was advanced for any commercial expediency. The only

The ACIT, Circle-5, Ahmedabad vs. M/S. Jubilee Tradelink Pvt. Ltd., Ahmedabad

In the result, the appeal of the Department is dismissed

ITA 806/AHD/2016[2008-09]Status: DisposedITAT Ahmedabad29 May 2024AY 2008-09

Bench: Mrs. Annapurna Gupta & Shri Siddhartha Nautiyalिनधा"रणवष"/Assessment Year: 2008-09 Vs. M/S. Jubilee Tradelink Pvt. Ltd., The Acit, 9B, Bansidhar Apartments, Circle-5, Gyanganga Classes, Ahmedabad Jawaharnagar, Vasna, Ahmedabad Pan : Aabcj 0614 P अपीलाथ" अपीलाथ"/ (Appellant) अपीलाथ" अपीलाथ" "" "" यथ" "" "" यथ" यथ"/ (Respondent) यथ" Assessee By : Shri S.N. Soparkar, Sr. Advocate & Shri Parin Shah, Ar Revenue By : Shri Ravindra, Sr Dr तारीख/Date Of Hearing : 08.05.2024 सुनवाई क" क" तारीख सुनवाई सुनवाई सुनवाई क" क" तारीख तारीख घोषणा क" क" तारीख तारीख /Date Of Pronouncement: 29.05.2024 घोषणा घोषणा घोषणा क" क" तारीख तारीख आदेश आदेश/O R D E R आदेश आदेश Per Siddhartha Nautiyal: This Appeal Has Been Filed By The Department Against The Order Of The Learned Commissioner Of Income-Tax (Appeals)-9, Ahmedabad [Hereinafter Referred To As "Cit(A)" For Short] Dated 05.01.2016, Passed Under Section 250(6) Of The Income Tax Act, 1961 [Hereinafter Referred To As "The Act" For Short], For The Assessment Year (Ay) 2008-09. 2. The Department Has Taken The Following Grounds Of Appeal:- “1. The Ld. Cit(A) Has Erred In Law & On Facts In Holding The Reassessment Proceedings As Void. 2. The Ld. Cit(A) Has Erred In Law & On Facts By Not Appreciating That The Assessment Was Reopened Within Four Years From The Relevant Assessment Year & The Issue Decided In Reassessment Proceedings Was Not Dealt With During Original Assessment Proceedings..

For Appellant: Shri S.N. Soparkar, Sr. Advocate &For Respondent: Shri Ravindra, Sr DR
Section 147Section 250(6)

erred in law and on facts by not appreciating that the assessee had failed to explain commercial expediency to sell the shares through off market transactions below the market price. 5. On the facts and circumstances of the case, the Ld. Commissioner of Income Tax(A) ought to have upheld