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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

Bhalla Chemical Works Pvt. Ltd., Delhi vs. DCIT, Circle- 4(2), New Delhi

In the result, the appeal of the assessee is partly allowed

ITA 4222/DEL/2017[2012-13]Status: DisposedITAT Delhi13 Jun 2023AY 2012-13

Bench: Shri Chandra Mohan Garg & Shri Pradip Kumar Kediaassessment Year: 2012-13 Bhalla Chemical Works P. Ltd., The Dcit,Circle 4(2), New Delhi M-237, Greater Kailash-Ii, New Delhi 110048 Vs. Pan Aaacb 4077 D (Appellant) (Respondent) For Assessee : Shri Rajat Jain, Ca Shri Ashish Mendiratta, Ar For Revenue : Shri Kanav Bali, Sr. Dr Date Of Hearing : 13.06.2023 Date Of Pronouncement : 13.06.2023 Order Per Pradip Kumar Kedia, A.M. This Appeal Has Been Filed Against The Order Of Cit(A)-2, New Delhi Dated 28.02.2017 For Ay 2012-13. 2. When The Matter Was Called For Hearing The Learned Counsel For The Assessee Submitted At The Outset The He Seeks To Press Only Ground No. 3, Ground No. 4 & Ground No. 6 Of The Grounds Of Appeal & Other Grounds Raised In The Appeal Memo May Be Treated As Withdrawn. 3. In The Light Of Submission Made, Remaining Other Grounds Are Dismissed & Remaining Grounds Are Adjudicated Here Under:- 3. Addition On Account Of Car Expenses.

For Appellant: Shri Rajat Jain, CAFor Respondent: Shri Kanav Bali, Sr. DR
Section 133(6)Section 143(3)Section 68

ground that such expenses have been incurred for personal benefit of the directors and does not involve any commercial expediency. The learned counsel for the assessee in defense submits that as per the assessment order for A.Y. 2010-11, the AO has estimated 5% of such expenses towards personal user

Sabharwal Food Industries Ltd, New Delhi vs. DCIT, Circle-22(1), New Delhi

In the result, the appeal of the assessee is allowed

ITA 6027/DEL/2019[2012-13]Status: DisposedITAT Delhi31 May 2023AY 2012-13

Bench: Shri Chandra Mohan Garg & Shri Pradip Kumar Kediaassessment Year: 2012-13 Sabharwal Food Industries Pvt. Ltd., The Dcit, Circle-22(1), New Delhi A-309, Basement, New Subzi Mandi, 110001 Azadpur, Delhi 110033 Vs. Pan Aabcs 0763 L (Appellant) (Respondent) For Assessee : Shri Rohit Tiwari, Adv. Ms. Tanya, Adv. Revenue For : Ms. Rajareswari R, Sr. Dr Date Of Hearing : 20.03.2023 Date Of Pronouncement : 31.05.2023 Order Per Chandra Mohan Garg, J.M. This Appeal Has Been Filed Against The Order Of Cit(A)-8, New Delhi Dated 24.04.2019 For Ay 2012-13. 2. First Of All, The Ld. Counsel Of Assessee Submitted The Assesse Does Not Want To Press Its Application Dated 26.12.2022 For Admission Of Additional Ground Hence, The Same Is Dismissed Has Not Pressed. The Ground Of Assessee Is As Follows:- 1. The Ld. Ao Has Erred In Levying Penalty As The Payment In Cash Was Made For Hospital Bills As The Hospitals Did Not Accept Payment Through Cheques.

For Appellant: Shri Rohit Tiwari, Adv
Section 271(1)(c)Section 40A(3)

Fortis Hospital and Escort Hearth Institute for the treatment of employees and directors of the assessee company under commercial expediency which has not been dispute or doubted by the authorities below. The ld. counsel submitted that the disallowance has been made solely on the ground that cash payment in excess ... disputed amount of expenditure and its incurring on medical emergencies for the treatment of employees and directors of the company which falls under commercial expediency. However, the said claim was disallowed by the Assessing Officer by observing that the exceptions given in rule 6DD of I.T Rule