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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

Bgr Energy Systems Limited, Chennai vs. Office of the Assistant Commissioner of Income Tax, Central Cir 3(1), Chennai

In the result, both the appeals filed by the assessee are dismissed

ITA 72/CHNY/2021[2017-18]Status: DisposedITAT Chennai21 Sept 2022AY 2017-18

Bench: Shri V. Durga Rao & Shri Manoj Kumar Aggarwalआयकर अपील सं./I.T.A. Nos.71 & 72/Chny/2021 िनधा"रण वष"/Assessment Year: 2016-17 & 2017-18 M/S. Bgr Energy Systems Limited, Vs. The Assistant Commissioner Of Corporate Office, Guna Complex, Income Tax, 433, Anna Salai, Teynampet, Central Circle 3(1), Chennai 600 018. Chennai. [Pan:Aabcg2202J] (अपीलाथ"/Appellant) (""थ"/Respondent) अपीलाथ" की ओर से / Appellant By : Mrs. Sandhyaarti, T., F.C.A. ""थ" की ओर से/Respondent By : Shri G. Johnson, Addl. Cit सुनवाई की तारीख/ Date Of Hearing : 13.09.2022 घोषणा की तारीख /Date Of Pronouncement : 21.09.2022 आदेश /O R D E R Per V. Durga Rao: Both The Appeals Filed By The Assessee Are Directed Against Common Order Of The Ld. Commissioner Of Income Tax (Appeals) 18, Chennai, Dated 14.09.2020 Relevant To The Assessment Years 2016-17 & 2017-18. 2. Both The Appeals Filed By The Assessee Are Delayed By 130 Days In Filing The Appeal Before The Tribunal. By Filing A Petition For Condonation Of Delay In The Form Of An Affidavit Explaining The Reasons For The Delay Due To Outbreak Of Covid-19 & The Same Is Well Within The Extended Period

For Appellant: Mrs. Sandhyaarti, T., F.C.AFor Respondent: Shri G. Johnson, Addl. CIT
Section 37

Systems ltd and M/s. Nanilam Property a group company of M/s BGR Energy Systems Ltd are in the nature of trade advances and for commercial expediency and not for otherwise. The Supreme Court in S.A. Builders Ltd vs. CIT (2007) 158 Taxman 74 (SC), held that "a holding company ... assessee having adequate non-interest bearing funds at relevant time. Advances to subsidiaries fund to be made for business consideration. Onus to prove commercial expediency discharged Deduction of interest allowable u/s 36(1)(iii) of the Income tax act. Refer this APB pages 107 to 110. The appellant company also

Bgr Energy Systems Limited, Chennai vs. Office of the Assistant Commissioner of Income Tax, Central Cir 3(1), Chennai

In the result, both the appeals filed by the assessee are dismissed

ITA 71/CHNY/2021[2016-17]Status: DisposedITAT Chennai21 Sept 2022AY 2016-17

Bench: Shri V. Durga Rao & Shri Manoj Kumar Aggarwalआयकर अपील सं./I.T.A. Nos.71 & 72/Chny/2021 िनधा"रण वष"/Assessment Year: 2016-17 & 2017-18 M/S. Bgr Energy Systems Limited, Vs. The Assistant Commissioner Of Corporate Office, Guna Complex, Income Tax, 433, Anna Salai, Teynampet, Central Circle 3(1), Chennai 600 018. Chennai. [Pan:Aabcg2202J] (अपीलाथ"/Appellant) (""थ"/Respondent) अपीलाथ" की ओर से / Appellant By : Mrs. Sandhyaarti, T., F.C.A. ""थ" की ओर से/Respondent By : Shri G. Johnson, Addl. Cit सुनवाई की तारीख/ Date Of Hearing : 13.09.2022 घोषणा की तारीख /Date Of Pronouncement : 21.09.2022 आदेश /O R D E R Per V. Durga Rao: Both The Appeals Filed By The Assessee Are Directed Against Common Order Of The Ld. Commissioner Of Income Tax (Appeals) 18, Chennai, Dated 14.09.2020 Relevant To The Assessment Years 2016-17 & 2017-18. 2. Both The Appeals Filed By The Assessee Are Delayed By 130 Days In Filing The Appeal Before The Tribunal. By Filing A Petition For Condonation Of Delay In The Form Of An Affidavit Explaining The Reasons For The Delay Due To Outbreak Of Covid-19 & The Same Is Well Within The Extended Period

For Appellant: Mrs. Sandhyaarti, T., F.C.AFor Respondent: Shri G. Johnson, Addl. CIT
Section 37

Systems ltd and M/s. Nanilam Property a group company of M/s BGR Energy Systems Ltd are in the nature of trade advances and for commercial expediency and not for otherwise. The Supreme Court in S.A. Builders Ltd vs. CIT (2007) 158 Taxman 74 (SC), held that "a holding company ... assessee having adequate non-interest bearing funds at relevant time. Advances to subsidiaries fund to be made for business consideration. Onus to prove commercial expediency discharged Deduction of interest allowable u/s 36(1)(iii) of the Income tax act. Refer this APB pages 107 to 110. The appellant company also

M/S. Pvp Ventures Ltd., Chennai vs. DCIT, Chennai

In the result, appeal filed by the assessee in ITA

ITA 3205/CHNY/2016[2012-13]Status: DisposedITAT Chennai21 Sept 2022AY 2012-13

Bench: Shri V. Durga Rao, Hon’Ble & Shri G. Manjunatha, Hon’Bleआयकरअपीलसं./Ita Nos.3201-3202, 3203-3204 & 3205/Chny/2016 िनधा"रणवष"/Assessment Years: 2009-10, 2010-11 & 2012-13 M/S.Pvp Ventures Ltd., V. The Dy. Commissioner- Krm Centre, 9Th Floor, Of Income Tax, No.2, Harrington Road, Corporate Circle-5(2), Chennai-600 031. Chennai. [Pan:Aaacs 3101 P] (अपीलाथ"/Appellant) (""यथ"/Respondent) आयकरअपीलसं./Ita No.18/Chny/2017 िनधा"रणवष"/Assessment Year: 2010-11 The Dy. Commissioner Of Income- V. M/S.Pvp Ventures Ltd., Krm Centre, 9Th Floor, Tax, Corporate Circle-5(2), No.2, Harrington Road, Chennai. Chennai-600 031. [Pan: Aaacs 3101 P] (अपीलाथ"/Appellant) (""यथ"/Respondent)

For Appellant: Mr.B. Ramakrishnan, CAFor Respondent: Dr.S.Palanikumar, CIT-DR
Section 143(3)Section 147Section 36(1)(iii)

been utilized for acquiring shares and advancing loans to sister concerns. The assessee had not also filed any details to support the commercial expediency to justify its case. Mere stating that loans given to sister concerns on account of commercial expediency without any evidences, can be at best be considered ... expediency. However, said judgment cannot be universally applied, but to get the benefit of this case, the assessee proves with evidence that there is commercial expediency in advancing loans to sister concerns. In this case, the assessee fails to establish any commercial expediency in extending loans to subsidiary. In this

M/S. Pvp Ventures Ltd., Chennai vs. DCIT, Chennai

In the result, appeal filed by the assessee in ITA

ITA 3203/CHNY/2016[2010-11]Status: DisposedITAT Chennai21 Sept 2022AY 2010-11

Bench: Shri V. Durga Rao, Hon’Ble & Shri G. Manjunatha, Hon’Bleआयकरअपीलसं./Ita Nos.3201-3202, 3203-3204 & 3205/Chny/2016 िनधा"रणवष"/Assessment Years: 2009-10, 2010-11 & 2012-13 M/S.Pvp Ventures Ltd., V. The Dy. Commissioner- Krm Centre, 9Th Floor, Of Income Tax, No.2, Harrington Road, Corporate Circle-5(2), Chennai-600 031. Chennai. [Pan:Aaacs 3101 P] (अपीलाथ"/Appellant) (""यथ"/Respondent) आयकरअपीलसं./Ita No.18/Chny/2017 िनधा"रणवष"/Assessment Year: 2010-11 The Dy. Commissioner Of Income- V. M/S.Pvp Ventures Ltd., Krm Centre, 9Th Floor, Tax, Corporate Circle-5(2), No.2, Harrington Road, Chennai. Chennai-600 031. [Pan: Aaacs 3101 P] (अपीलाथ"/Appellant) (""यथ"/Respondent)

For Appellant: Mr.B. Ramakrishnan, CAFor Respondent: Dr.S.Palanikumar, CIT-DR
Section 143(3)Section 147Section 36(1)(iii)

been utilized for acquiring shares and advancing loans to sister concerns. The assessee had not also filed any details to support the commercial expediency to justify its case. Mere stating that loans given to sister concerns on account of commercial expediency without any evidences, can be at best be considered ... expediency. However, said judgment cannot be universally applied, but to get the benefit of this case, the assessee proves with evidence that there is commercial expediency in advancing loans to sister concerns. In this case, the assessee fails to establish any commercial expediency in extending loans to subsidiary. In this

M/S. Pvp Ventures Ltd., Chennai vs. DCIT, Chennai

In the result, appeal filed by the assessee in ITA

ITA 3202/CHNY/2016[2009-10]Status: DisposedITAT Chennai21 Sept 2022AY 2009-10

Bench: Shri V. Durga Rao, Hon’Ble & Shri G. Manjunatha, Hon’Bleआयकरअपीलसं./Ita Nos.3201-3202, 3203-3204 & 3205/Chny/2016 िनधा"रणवष"/Assessment Years: 2009-10, 2010-11 & 2012-13 M/S.Pvp Ventures Ltd., V. The Dy. Commissioner- Krm Centre, 9Th Floor, Of Income Tax, No.2, Harrington Road, Corporate Circle-5(2), Chennai-600 031. Chennai. [Pan:Aaacs 3101 P] (अपीलाथ"/Appellant) (""यथ"/Respondent) आयकरअपीलसं./Ita No.18/Chny/2017 िनधा"रणवष"/Assessment Year: 2010-11 The Dy. Commissioner Of Income- V. M/S.Pvp Ventures Ltd., Krm Centre, 9Th Floor, Tax, Corporate Circle-5(2), No.2, Harrington Road, Chennai. Chennai-600 031. [Pan: Aaacs 3101 P] (अपीलाथ"/Appellant) (""यथ"/Respondent)

For Appellant: Mr.B. Ramakrishnan, CAFor Respondent: Dr.S.Palanikumar, CIT-DR
Section 143(3)Section 147Section 36(1)(iii)

been utilized for acquiring shares and advancing loans to sister concerns. The assessee had not also filed any details to support the commercial expediency to justify its case. Mere stating that loans given to sister concerns on account of commercial expediency without any evidences, can be at best be considered ... expediency. However, said judgment cannot be universally applied, but to get the benefit of this case, the assessee proves with evidence that there is commercial expediency in advancing loans to sister concerns. In this case, the assessee fails to establish any commercial expediency in extending loans to subsidiary. In this

M/S. Pvp Ventures Ltd., Chennai vs. DCIT, Chennai

In the result, appeal filed by the assessee in ITA

ITA 3201/CHNY/2016[2009-10]Status: DisposedITAT Chennai21 Sept 2022AY 2009-10

Bench: Shri V. Durga Rao, Hon’Ble & Shri G. Manjunatha, Hon’Bleआयकरअपीलसं./Ita Nos.3201-3202, 3203-3204 & 3205/Chny/2016 िनधा"रणवष"/Assessment Years: 2009-10, 2010-11 & 2012-13 M/S.Pvp Ventures Ltd., V. The Dy. Commissioner- Krm Centre, 9Th Floor, Of Income Tax, No.2, Harrington Road, Corporate Circle-5(2), Chennai-600 031. Chennai. [Pan:Aaacs 3101 P] (अपीलाथ"/Appellant) (""यथ"/Respondent) आयकरअपीलसं./Ita No.18/Chny/2017 िनधा"रणवष"/Assessment Year: 2010-11 The Dy. Commissioner Of Income- V. M/S.Pvp Ventures Ltd., Krm Centre, 9Th Floor, Tax, Corporate Circle-5(2), No.2, Harrington Road, Chennai. Chennai-600 031. [Pan: Aaacs 3101 P] (अपीलाथ"/Appellant) (""यथ"/Respondent)

For Appellant: Mr.B. Ramakrishnan, CAFor Respondent: Dr.S.Palanikumar, CIT-DR
Section 143(3)Section 147Section 36(1)(iii)

been utilized for acquiring shares and advancing loans to sister concerns. The assessee had not also filed any details to support the commercial expediency to justify its case. Mere stating that loans given to sister concerns on account of commercial expediency without any evidences, can be at best be considered ... expediency. However, said judgment cannot be universally applied, but to get the benefit of this case, the assessee proves with evidence that there is commercial expediency in advancing loans to sister concerns. In this case, the assessee fails to establish any commercial expediency in extending loans to subsidiary. In this

DCIT, CC - 1 (2), Chennai vs. M/S. Cholamandalam Ms Risk Services Ltd., Chennai

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

ITA 262/CHNY/2020[2015-16]Status: DisposedITAT Chennai16 Sept 2022AY 2015-16

Bench: Shri V. Durga Rao & Shri G. Manjunathaआयकर अपील सं./I.T.A. No.262/Chny/2020 िनधा"रण वष"/Assessment Year: 2015-16 The Deputy Commissioner Of Vs. M/S. Cholamandalam Ms Risk Services Ltd., No. 02, 2Nd Floor, Income Tax, Corporate Circle 1(2), Chennai 600 034. Dare House, N S C Bose Road, Parrys, Chennai 600 001. [Pan:Aabcc6610Q] (अपीलाथ"/Appellant) (""थ"/Respondent) अपीलाथ" की ओर से / Appellant By : Shri M. Rajan, Cit ""थ" की ओर से/Respondent By : Shri P. Murali Mohana Rao, Fca सुनवाई की तारीख/ Date Of Hearing : 12.07.2022 घोषणा की तारीख /Date Of Pronouncement : 16.09.2022 आदेश /O R D E R Per V. Durga Rao: This Appeal Filed By The Revenue Is Directed Against The Order Of The Ld. Commissioner Of Income Tax (Appeals) 4 (I/C), Chennai, Dated 26.11.2019 Relevant To The Assessment Year 2015-16. 2. The Assessee Company Is Engaged In The Business Of Providing Risk Assessment Services & Filed Its Return Of Income For The Assessment Year 2015-16 On 25.09.2015 Admitting A Total Income Of ₹.2,39,21,070/-. After Following Due Procedure & Considering The 2

For Appellant: Shri M. Rajan, CITFor Respondent: Shri P. Murali Mohana Rao, FCA
Section 143(3)Section 37Section 37(1)

payments were not prohibited by law. The payment made by the assessee was only for the purpose of carrying its business as per the commercial expediency along with Indus Ind Bank. The relevant findings of the ld. CIT(A) in the appellate order are reproduced as under: 16 I.T.A ... further as stated earlier, revenue and expenses is not required to be commensurate each year from the point of view of commercial expediency and further that appellant's payments were not prohibited by law. 8. Now, whether expenditure is expedient for the purpose of promotion of sales or business

Biocon Biologics Limited (Formerly Known As Biocon Biologics India Limited) (Successor to Biocon Research Limited), Bangalore vs. The Deputy Commissioner of Income Tax, Circle-1(1)(1), Bangalore

In the result, the appeal filed by the assessee is partly allowed

ITA 299/BANG/2022[2017-18]Status: DisposedITAT Bangalore13 Sept 2022AY 2017-18

Bench: Shri Chandra Poojari, Am & Shri George George K, Jm It(Tp)A No.299/Bang/2022 : Asst.Year 2017-2018 M/S.Biocon Biologics Limited The Deputy Commissioner Of (Formerly Known As Biocon Income-Tax, Circle 1(1)(1) V. Biologics India Limited) Bengaluru. Ground Floor, Tower 3, Semicon Park, Hosur Road, Electronics City S.O. Bangalore South – 560 100. Pan : Aagcb7796M. (Appellant) (Respondent) Appellant By : Sri.Padam Chand Khincha, Ca Respondent By : Sri.Manjunath Karkihalli, Cit-Dr Date Of Pronouncement : 13.09.2022 Date Of Hearing : 06.09.2022 O R D E R Per George George K, Jm : This Appeal At The Instance Of The Assessee Is Directed Against Final Assessment Order Dated 26.02.2022 Passed U/S 143(3) R.W.S. 144C(13) Of The I.T.Act. The Relevant Assessment Year Is 2017-2018. 2. The Brief Facts Of The Case Are As Follows: The Assessee, Namely, Biocon Biologics Limited [Successor. To Biocon Research Limited With Appointed Date 01.04.2019] Is Engaged In The Carrying Out Research & Development ("R & D") Of Drugs & Drug Delivery Systems. For The Relevant Assessment Year ("Ay") 2017-18, The Return Of Income Was Filed On 30.11.2017, Declaring `Nil’ Income Under The Normal Provisions Of The I.T.Act & Book Losses As 2 It(Tp)A No.299/Bang/2022. M/S.Biocon Biologics Limited Per The Provisions Of Section 115Jb Of The I.T.Act. After Considering The Taxes Deducted At Source, The Assessee Had Claimed Refund Of Inr 4,68,29,020 In The Return Of Income.

For Appellant: Sri.Padam Chand Khincha, CAFor Respondent: Sri.Manjunath Karkihalli, CIT-DR
Section 115JSection 143(2)Section 143(3)Section 144BSection 144CSection 144C(13)Section 144C(5)Section 92C

IN THE INCOME TAX APPELLATE TRIBUNAL BANGALORE BENCHES “B”, BANGALORE Before Shri Chandra Poojari, AM & Shri George George K, JM

M/S Bosch Limited, Bangalore vs. Assistant Commissioner of Income Tax Ltu Circle-1, Bangalore

In the result, appeal of the assessee is partly allowed

ITA 1629/BANG/2018[2013-14]Status: DisposedITAT Bangalore13 Sept 2022AY 2013-14

Bench: Shri N.V. Vasudevan & Ms. Padmavathy Sassessment Year : 2013-14 Bosch Limited, Vs. The Assistant Commissioner Hosur Road, Adugodi, Of Income Tax, Ltu, Bangalore – 560 030. Circle 1, Pan: Aaacm 9840P Bangalore. Appellant Respondent Appellant By : Shri Percy Pardiwala, Advocate Respondent By : Shri V S Chakrapani, Cit(Dr)(Itat), Bengaluru. Date Of Hearing : 01.09.2022 Date Of Pronouncement : 13.09.2022 O R D E R Per Padmavathy S.2. This Appeal Is Against The Order Of The Cit(Appeals), Bangalore-9, Bangalore Dated 31.3.2018 For The Assessment Year 2013- 14. 3. The Assessee Raised Grounds Pertaining To The Following Issues:- Deduction U/S. 35(2Ab) Computed On Net Expenditure As Opposed To Gross Expenditure Disallowance Of Provision For Bad & Doubtful Debts I) Disallowance Of Provision For Long Term Service Award Disallowance Of Expenditure U/S. 14A Of The Act Ii) Page 2 Of 67

For Appellant: Shri Percy Pardiwala, AdvocateFor Respondent: Shri V S Chakrapani, CIT(DR)(ITAT), Bengaluru
Section 14ASection 35Section 37Section 43BSection 80J

money expended not with a necessity and with a view to direct immediate benefit to the trade, but voluntarily and on the grounds of commercial expediency and in order to indirectly facilitate, carrying on of business may yet to be expended wholly and exclusively for the purpose of trade ... whether or not the expenditure in question was necessitated by business considerations or not. Once it is found that the expenditure was dictated by commercial expediencies, the deduction under section 37(1) cannot be declined. As to what should be relevant for examining this aspect of the matter

ACIT 1 (1)(1), Mumbai vs. M/S Dosti Realty Ltd., Mumbai

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

ITA 7374/MUM/2019[2014-15]Status: DisposedITAT Mumbai06 Sept 2022AY 2014-15

Bench: Shr Pramod Kumar, Vp & Shri Amit Shukla, Jm आयकरअपीलसं./ I.T.A. No. 7374/Mum/2019 (निर्धारणवर्ा / Assessment Year: 2014-15) Asst. Commissioner Of M/S Dosti Realty Ltd. (Formally Known As Friends Income Tax-1(1)(1), Development Corporation 579,Ayankar Bhavan, M.K बिधम/ (Imperia) Pvt. Ltd. Road, Mumbai-400020, 276,1St Floor, Lawrence & Vs. Mayo House, Mumbai - 400001, स्थायीलेखासं./जीआइआरसं./ Pan No Aabcf5801A (अपीलाथी/Appellant) (प्रत्यथी / Respondent) : अपीलाथीकीओरसे/ Appellant By : Shri P.R. Rastogi, Ld. Dr प्रत्यथीकीओरसे/Respondent By : Shri Dr.K.Shivaram & Rahul Hakani, Ld. Ar सुनवाईकीतारीख/ : 14.06.2022 Date Of Hearing घोषणाकीतारीख / : 06.09.2022 Date Of Pronouncement आदेश / O R D E R Per Amit Shukla: The Aforesaid Appeal Has Been Filed By The Revenue Against Order Dated 19.09.2019, Passed By Ld. Cit (Appeals)-2, Mumbai For The Quantum Of Assessment Passed U/S 143(3) For Ay 2014-2015. The Revenue Has Raised The Following Grounds:-

For Appellant: Shri P.R. Rastogi, Ld. DRFor Respondent: Shri Dr.K.Shivaram & Rahul
Section 143(3)Section 36(1)(iii)

land purchased would be stock in trade, interest is an allowable deduction. 19. Ld. CIT(A) has already held that advance was given for commercial expediency and M/s Adrika Developers Pvt. Ltd. is a subsidiary of assessee. If the loan was given on account of commercial expediency, then the interest