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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, Circle- 5(1), New Delhi vs. Blue Coast Hotels Ltd., New Delhi

In the result, the appeal filed by the Revenue is dismissed

ITA 287/DEL/2020[2016-17]Status: DisposedITAT Delhi17 Mar 2023AY 2016-17

Bench: Shri C.M. Garg & Shri Pradip Kumar Kediaassessment Year: 2016-17 Acit, Vs. Blue Coast Hotels Ltd., Circle-5(1), 415-417, Antriksh Bhawan, New Delhi. 22, Kg Marg, New Delhi. Pan: Aaacm0037G (Appellant) (Respondent) Assessee By : Shri Ved Jain, Advocate & Shri Aman Garg, Ca Revenue By : Shri P. Praveen Sidharth, Cit, Dr Date Of Hearing : 16.01.2023 Date Of Pronouncement : 17.03.2023 Order Per C.M. Garg, Jm: This Appeal Filed By The Revenue Is Directed Against The Order Of The Cit(A)-2, New Delhi, Dated 21.10.2019, For Assessment Year 2016-17. 2. The Revenue Has Raised The Following Grounds Of Appeal:- “1. Whether On The Facts & In The Circumstances Of The Case & In Law, Whether The Ld Cit(A) Has Erred In Not Appreciating The Fact That There Was No Commercial Expediency Due To Which The Assessee Had Granted Interest Free Loans To Its Subsidiaries & Bore The Burden Of Interest For Their Sake. 2. Whether On The Facts & In The Circumstances Of The Case & In Law, Whether The Ld Cit(A) Has Erred In Deleting The Addition Of Rs.10,20,24,116/- Made U/S 14A Of The It Act, 1961 Without Appreciating The Facts Mentioned By The Ao For Disallowing Such Amount On The

For Appellant: Shri Ved Jain, Advocate &For Respondent: Shri P. Praveen Sidharth, CIT, DR
Section 14ASection 36(1)(iii)Section 43B

circumstances of the case and in law, whether the Ld CIT(A) has erred in not appreciating the fact that there was no commercial expediency due to which the assessee had granted interest free loans to its subsidiaries and bore the burden of interest for their sake. 2. Whether ... action of the AO, submitted that in the present case, interest free funds have been granted to the subsidiaries and there was no commercial expediency involved at all. The ld. CIT-DR submitted that the subsidiaries were enjoying interest free funds and the assessee was bearing the burden of interest