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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

Ankur Energy Resources Pvt. Ltd, Mumbai vs. DCIT, Range 9(1)(2), Mumbai

In the result, the appeal filed by the assessee is allowed for statistical purposes

ITA 3326/MUM/2019[2013-14]Status: DisposedITAT Mumbai16 Dec 2022AY 2013-14

Bench: Shri Pramod Kumar & Shri Pavan Kumar Gadaleankur Energy; Resources Vs. Dcit, Range 9(1)(2) Pvt Ltd., Mumbai – 400020. Plot No. 115/It-03, Raj Chambers, Rk Parmhans, Andheri (E), Mumbai – 400 069. "थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aaica9929M Appellant .. Respondent Appellant By : Shri. Yogesh Joigode.Ar Respondent By : Smt. Shailja Rai, Cit Dr Date Of Hearing 26.07.2022 Date Of Pronouncement 21.10.2022 आदेश / O R D E R Per Pavan Kumar Gadale, Jm: The Assessee Has Filed The Appeal Against The Order Of The Commissioner Of Income Tax (Appeals)-16, Mumbai Passed U/S 143(3) & 250 Of The Act. The Assessee Has Raised Following Grounds Of Appeal:

For Appellant: Shri. Yogesh Joigode.ARFor Respondent: Smt. Shailja Rai, CIT DR
Section 143(1)Section 143(2)Section 143(3)Section 36(1)(iii)

surplus of the asssessee company. The AO having dealt on the facts found that the transactions made by the assessee are not under commercial expediency and relied on the judicial decisions and made addition of interest ... business of energy solutions and has been maintaining the subsidiary companies, the fact remains that the assessee has to explain the commercial expediency of the claim of expenditure in the books of accounts. Prima-facie it looks like the assessee could not establish the fact of generation of the income

Shree Sainath Enterprises, Mumbai vs. DCIT Central Range-7(3), Mumbai

In the result, the appeal filed by the assessee is treated as partly allowed for statistical purpose

ITA 4959/MUM/2019[2013-14]Status: DisposedITAT Mumbai14 Dec 2022AY 2013-14

Bench: Shri Prashant Maharishi & Shri Pavan Kumar Gadaleshree Sainath Vs. Dcit, Enterprises, (Now Central Rang – 7(3) Converted Into Shree Room No. 655, 6Th Sainath Enterprises Floor, Aayakar Constructions & Bhavan, Maharshi Developers Pvt Ltd.,) Karve Road, 412, Floor – 4, 17G Mumbai – 400020. Vardhaman Chambers Cawasji Patel, Horniman Circle, Fort Mumbai – 400001 "थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Abdfs2374M Appellant .. Respondent Appellant By : Shri Niraj Seth.Ar Respondent By : Shri S.K Jain.Dr Date Of Hearing 19.10.2022 Date Of Pronouncement 29.11.2022 आदेश / O R D E R Per Pavan Kumar Gadale Jm: The Assessee Has Filed The Appeal Against The Order Of The Commissioner Of Income Tax (Appeals) – 49, Mumbai Passed U/S 143(3) & 250 Of The Act. The Assessee Has Raised The Following Grounds Of Appeal; Shree Sainath Enterprises, Mumbai. 1. On The Facts & Circumstances Of The Case & In Law, The Ld. Cit(A) Erred In Upholding The Disallowance Of Interest Of Rs. 46,94,439/-U/Sec36(1)(Iii).

For Appellant: Shri Niraj Seth.ARFor Respondent: Shri S.K Jain.DR
Section 143(2)Section 143(3)Section 14A

ground of appeal and the same was not pressed. Further the Ld.AR has made submissions on the facts that the assessee has considered the commercial expediency and also the assessee has not charged any interest on the debtors as the material supplied to non related party. The contentions

ITO 25 (3)(3), Mumbai vs. Rahul Kantilal Shah, Mumbai

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

ITA 6806/MUM/2018[2013-14]Status: DisposedITAT Mumbai13 Dec 2022AY 2013-14

Bench: Shri M Balaganesh & Shri Pavan Kumar Gadaleito – 25(3)(3) Vs. Rahul Kantilal Shah Room No. 606, 6Th Floor 701, Saroj Bldg, C-10, Pratyaksh Kar Sardar Vallabhbhai Bhavan, Bkc Complex Patel Road, Opp Pawan Bandra (E), Mumbia – Hans, Vile Parle (W) 400 051. Mumbai – 400 056. "थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aaips0543C Appellant .. Respondent Appellant By : Ms. Samruddhi Hande.Dr Respondent By : Mr. Anuj Kisnadwala.Ar Date Of Hearing 23.09.2022 Date Of Pronouncement 19.12.2022 आदेश / O R D E R Per Pavan Kumar Gadale Jm: The Revenue Has Filed The Appeal Against The Order Passed By The Commissioner Of Income Tax (Cit(A)) - 37, Mumbai Passed U/S 143(3) & 250 U/Sec Of The Act. The Revenue Has Raised The Fallowing Grounds Of Appeal:

For Appellant: Ms. Samruddhi Hande.DRFor Respondent: Mr. Anuj Kisnadwala.AR
Section 143(3)Section 14ASection 57Section 68

Supreme Court in the case of S. A. Builders Ltd. Vs. CIT(A), Chandigarh reported in 288 ITR 1 has used the word "commercial expediency". By using this phrase Hon'ble Supreme Court has given a new dimension and clarified the concept further. In the judgment the Supreme Court ... defined commercial expediency as "an expression of wide import and includes such expenditure as a prudent businessman incurs for the purpose of business. The expenditure may not have been incurred under any legal obligation, but yet it is allowable as a business expenditure, if it was incurred on grounds