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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

Sri Rajib Chowdhury, Ben vs. Commissioner of Income Tax (Appeal)-7, Bengaluru

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

ITA 85/BANG/2018[2011-12]Status: DisposedITAT Bangalore31 Jan 2022AY 2011-12

Bench: Shri. Chandra Poojari & Smt. Beena Pillaiassessment Year : 2011-12 Shri Rajib Chowdhury, Prop. M/S. Bright Petroleum, The Income Tax Officer, No. 340, 10Th B Main, Ward 8 (3), 1St Cross, 4Th Block, Bangalore. Basaveswaranagar, Vs. Bangalore – 560079. Pan: Ablpc6333L Appellant Respondent Assessee By : Shri B. Srinivasa, Ca Revenue By : Shri Sankarganesh K, Jcit (Dr) Date Of Hearing : 23-12-2021 Date Of Pronouncement : 31-01-2022 Order Per Beena Pillaipresent Appeal Arises Out Of Order Dated 11.10.2017 Passed By Ld.Cit(A)-7, Bangalore For Assessment Year 2011-12 On Following Grounds Of Appeal: “1. That On The Facts Of The Case, The Learned Income Tax Officer Is Not Right In Disallowing The Interest Paid On Loan. 2. That On The Facts & Circumstances Of Case, The Learned Commissioner Appeal'S Should Have Observed That The Assessing Officer Has Not Recorded Satisfaction With Regard To Genuineness Of The Transactions Entered By The Appellant & Not Provided An Opportunity. 3. That The Learned Commissioner Appeal'S Has Not Verified That Bank Statement Disbursement Of Loan Amount. 4. That The Learned Commissioner Appeal'S Has Erred Both On The Facts & In Law. 5. That The Learned Commissioner Of Appeal Should Have Examined The Utilization Of Loan Amount After Loan

For Appellant: Shri B. Srinivasa, CAFor Respondent: Shri Sankarganesh K, JCIT (DR)

brought anything on record to show how investment in Bright Construction Corporation has served business purpose of M/s Bright Petroleum or what was the commercial expediency for the appellant to justify the investment. Thus the claim of the appellant that 'the assessee has invested burrowed funds in M/s Bright Construction