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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

Nayara Energy Limited (on Behalf of Merged Entity Vadinar Oil Terminal Limited), Mumbai vs. Asstt. Commissioner of Income -Tax Central Circle 2(1), Mumbai

In the result, the appeal of the assessee is partly allowed for statistical purposes

ITA 777/MUM/2022[2016-17]Status: DisposedITAT Mumbai10 Oct 2022AY 2016-17

Bench: Shri Pramod Kumar, Vp & Shri Aby T. Varkey, Jm आयकर अपील सं/ I.T.A. No.777/Mum/2022 (निर्धारण वर्ा / Assessment Year: 2016-17) Nayara Energy Ltd (On Acit, Central Circle-2(1) बिधम/ Behalf Of Merged Entity Room No. 804, Pratishtha Vs. Vadinar Oil Terminal Ltd) Bhavan, Old Cgo 5Th Floor, Jet Airways Annexe, M. K. Road, Godrej Bkc, G- Block, Plot Mumbai-400020. C-68, Bkc, Bandra (E), Mumbai-400051. स्थधयी लेखध सं./जीआइआर सं./Pan/Gir No. : Aabcv2626D (अपीलार्थी /Appellant) .. (प्रत्यर्थी / Respondent) Assessee By: Shri Nitesh Joshi Revenue By: Dr. Mahesh Akhade (Dr) सुनवाई की तारीख / Date Of Hearing: 25/08/2022 घोषणा की तारीख /Date Of Pronouncement: 10/10/2022 आदेश / O R D E R Per Aby T. Varkey, Jm: This Is An Appeal Preferred By Assessee Against The Order Of The Ld. Commissioner Of Income Tax (Appeals)-48, Mumbai Dated 24.02.2022 For Assessment Year 2016-17. 2. The Grounds Of Appeal Preferred By Assessee Are As Under: - “Disallowance Of Interest Under Section 36(1) (Iii) Of The Income-Tax Act The Act - Rs.149.80 Crores 1. The Learned Assessing Officer (Ao) & Learned Cit(A) Erred In Disallowing Interest Of Rs.149.80 Crores Pertaining To Loans Of Rs.1253.53 Crores Granted To Related Parties Contending Them To Be Interest Free Without Appreciating The Fact, That Out Of The Total Amount, Only Security Deposits Of Rs.96.53 Crores Are Interest Free Refundable

For Appellant: Shri Nitesh JoshiFor Respondent: Dr. Mahesh Akhade (DR)
Section 14ASection 36(1)Section 37

business of the subsidiary company cannot be considered in law as the business of the assessee. The finding of the Tribunal based on commercial expediency appears to us to be ITA Ns. 777/Mum/2022 A.Ys. 2016-17 Nayara Energy Ltd. incorrect. The fact remains that the moneys borrowed were utilised ... Supreme Court in the case of S.A. Builders Ltd. v/s. CIT, Chandigarh that, money can be said to be advanced to sister concern for commercial expediency. The test, in my humble opinion, in such a case is really whether this was done as a measure of commercial expediency for which

M/S Herbalife International India Pvt Ltd, Bangalore vs. Assistant Commissioner of Income Tax Circle-11(4), Bangalore

In the result, both the appeals filed by assessee stands allowed for statistical purposes

ITA 2068/BANG/2017[2005-06]Status: DisposedITAT Bangalore29 Sept 2022AY 2005-06

Bench: Smt. Beena Pillai & Shri Laxmi Prasad Sahuassessment Year : 2003-04 M/S. Herbalife International India The Deputy Pvt. Ltd., Commissioner Of #14, Pardhanani Income Tax, Wilshire, Circle – 11(4), Commissariat Road, Vs. Bangalore. Bangalore – 560 025. Pan: Aaach8025R Appellant Respondent & Assessment Year : 2005-06 M/S. Herbalife International India The Assistant Pvt. Ltd., Commissioner Of #14, Pardhanani Income Tax, Wilshire, Circle – 11(4), Commissariat Road, Vs. Bangalore. Bangalore – 560 025. Pan: Aaach8025R Appellant Respondent : Shri Padam Chand Assessee By Khincha, Ca Revenue By : Shri Arun Kumar, Cit Dr Date Of Hearing : 06-09-2022 Date Of Pronouncement : 29-09-2022

For Respondent: Shri Padam Chand
Section 250Section 253

Export of Finished goods to AE. 3. Erred in not considering various submissions, workings and evidences furnished by the Appellant to justify the commercial expediency behind export of goods. 4. Erred in considering the net realizable value of local sales as arm's length price for testing the goods exported ... Associated Enterprise ("AE"). 2. Erred in determining the arm's length value of administrative fees paid to AE as NIL without appreciating the commercial expediency of payment of administrative fees by the Appellant. 3. Erred in rejecting Transactional Net Margin method ("TNMM") as the most appropriate method to determine

M/S Herbalife International India Pvt Ltd, Bangalore vs. Deputy Commissioner of Income Tax Circle-11(4), Bangalore

In the result, both the appeals filed by assessee stands allowed for statistical purposes

ITA 2067/BANG/2017[2003-04]Status: DisposedITAT Bangalore29 Sept 2022AY 2003-04

Bench: Smt. Beena Pillai & Shri Laxmi Prasad Sahuassessment Year : 2003-04 M/S. Herbalife International India The Deputy Pvt. Ltd., Commissioner Of #14, Pardhanani Income Tax, Wilshire, Circle – 11(4), Commissariat Road, Vs. Bangalore. Bangalore – 560 025. Pan: Aaach8025R Appellant Respondent & Assessment Year : 2005-06 M/S. Herbalife International India The Assistant Pvt. Ltd., Commissioner Of #14, Pardhanani Income Tax, Wilshire, Circle – 11(4), Commissariat Road, Vs. Bangalore. Bangalore – 560 025. Pan: Aaach8025R Appellant Respondent : Shri Padam Chand Assessee By Khincha, Ca Revenue By : Shri Arun Kumar, Cit Dr Date Of Hearing : 06-09-2022 Date Of Pronouncement : 29-09-2022

For Respondent: Shri Padam Chand
Section 250Section 253

Export of Finished goods to AE. 3. Erred in not considering various submissions, workings and evidences furnished by the Appellant to justify the commercial expediency behind export of goods. 4. Erred in considering the net realizable value of local sales as arm's length price for testing the goods exported ... Associated Enterprise ("AE"). 2. Erred in determining the arm's length value of administrative fees paid to AE as NIL without appreciating the commercial expediency of payment of administrative fees by the Appellant. 3. Erred in rejecting Transactional Net Margin method ("TNMM") as the most appropriate method to determine

ACIT- CC- 4(2), Mumbai vs. Shoppers Stop Limited, Mumbai

In the result, all In the result, all the three appeals of the Revenue are the three appeals of the Revenue are dismissed

ITA 2512/MUM/2021[2018-19]Status: DisposedITAT Mumbai28 Sept 2022AY 2018-19

Bench: Shri Om Prakash Kant () & Ms Kavitha Rajagopal () Assessment Year: 2016-17 & Assessment Year: 2017-18 & Assessment Year: 2018-19 Asstt. Commissioner Of Income M/S Shoppers Stop Limited, Tax, Central Circle-4(2), 5Th Floor, Umanag Tower, Room No. 1918, 19Th Floor, Air Vs. Malad Link Road, Mindspace, India Building, Nariman Point, Malad (West), Mumbai-400021. Mumbai-400064. Pan No. Aabcs 4383 A Appellant Respondent Revenue By : Mr. Kailash Kanojia, Cit-Dr Assessee By : Ms. Aarti Sathe & Aasavari Kadam, Ars Date Of Hearing : 23/08/2022 Date Of Pronouncement : 28/09/2022

For Appellant: Ms. Aarti Sathe &For Respondent: Mr. Kailash Kanojia, CIT-DR

resolution about not paying interest which does not make sense. which does not make sense. 8.2.2 Furthermore, this is not a case of commercial expediency or 8.2.2 Furthermore, this is not a case of commercial expediency or 8.2.2 Furthermore, this is not a case of commercial expediency or business exigency ... allowable as a business a business expenditure if it was incurred on grounds of expenditure if it was incurred on grounds of commercial expediency. The case of the assessee is that the commercial expediency. The case of the assessee is that the commercial expediency. The case of the assessee

ACIT - CC- 4(2), Mumbai vs. Shoppers Stop Limited, Mumbai

In the result, all In the result, all the three appeals of the Revenue are the three appeals of the Revenue are dismissed

ITA 2509/MUM/2021[2017-18]Status: DisposedITAT Mumbai28 Sept 2022AY 2017-18

Bench: Shri Om Prakash Kant () & Ms Kavitha Rajagopal () Assessment Year: 2016-17 & Assessment Year: 2017-18 & Assessment Year: 2018-19 Asstt. Commissioner Of Income M/S Shoppers Stop Limited, Tax, Central Circle-4(2), 5Th Floor, Umanag Tower, Room No. 1918, 19Th Floor, Air Vs. Malad Link Road, Mindspace, India Building, Nariman Point, Malad (West), Mumbai-400021. Mumbai-400064. Pan No. Aabcs 4383 A Appellant Respondent Revenue By : Mr. Kailash Kanojia, Cit-Dr Assessee By : Ms. Aarti Sathe & Aasavari Kadam, Ars Date Of Hearing : 23/08/2022 Date Of Pronouncement : 28/09/2022

For Appellant: Ms. Aarti Sathe &For Respondent: Mr. Kailash Kanojia, CIT-DR

resolution about not paying interest which does not make sense. which does not make sense. 8.2.2 Furthermore, this is not a case of commercial expediency or 8.2.2 Furthermore, this is not a case of commercial expediency or 8.2.2 Furthermore, this is not a case of commercial expediency or business exigency ... allowable as a business a business expenditure if it was incurred on grounds of expenditure if it was incurred on grounds of commercial expediency. The case of the assessee is that the commercial expediency. The case of the assessee is that the commercial expediency. The case of the assessee

ACIT CC-4(2), Mumbai vs. M/S Shoppers Stop Limited, Mumbai

In the result, all In the result, all the three appeals of the Revenue are the three appeals of the Revenue are dismissed

ITA 2508/MUM/2021[2016-17]Status: DisposedITAT Mumbai28 Sept 2022AY 2016-17

Bench: Shri Om Prakash Kant () & Ms Kavitha Rajagopal () Assessment Year: 2016-17 & Assessment Year: 2017-18 & Assessment Year: 2018-19 Asstt. Commissioner Of Income M/S Shoppers Stop Limited, Tax, Central Circle-4(2), 5Th Floor, Umanag Tower, Room No. 1918, 19Th Floor, Air Vs. Malad Link Road, Mindspace, India Building, Nariman Point, Malad (West), Mumbai-400021. Mumbai-400064. Pan No. Aabcs 4383 A Appellant Respondent Revenue By : Mr. Kailash Kanojia, Cit-Dr Assessee By : Ms. Aarti Sathe & Aasavari Kadam, Ars Date Of Hearing : 23/08/2022 Date Of Pronouncement : 28/09/2022

For Appellant: Ms. Aarti Sathe &For Respondent: Mr. Kailash Kanojia, CIT-DR

resolution about not paying interest which does not make sense. which does not make sense. 8.2.2 Furthermore, this is not a case of commercial expediency or 8.2.2 Furthermore, this is not a case of commercial expediency or 8.2.2 Furthermore, this is not a case of commercial expediency or business exigency ... allowable as a business a business expenditure if it was incurred on grounds of expenditure if it was incurred on grounds of commercial expediency. The case of the assessee is that the commercial expediency. The case of the assessee is that the commercial expediency. The case of the assessee