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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

Ratna Commercial Enterprises Pvt. Ltd., New Delhi vs. Addl.CIT, Range-21, New Delhi

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

ITA 2086/DEL/2018[2014-15]Status: DisposedITAT Delhi28 Jan 2022AY 2014-15

Bench: Shri R.K. Panda & Shri Amit Shuklaassessment Year: 2014-15 Ratna Commercial Enterprises Pvt. Vs Addl. Cit, Ltd., Range-21, 4Th Floor, Punjabi Bhawan, New Delhi. 10, Rouse Avenue, New Delhi. Pan: Aaacr0354B (Appellant) (Respondent) Assessee By : Shri M.P. Rastogi, Advocate Revenue By : Shri N.K. Bansal, Sr. Dr Date Of Hearing : 29.11.2021 Date Of Pronouncement : 28.01.2022 Order Per R.K. Panda, Am: This Appeal Filed By The Assessee Is Directed Against The Order Dated 23Rd January, 2018 Of The Cit(A)-7, New Delhi, Relating To Assessment Year 2014-15. 2. The Grounds Of Appeal No. 1 & 2 Raised By The Assessee Are As Under:- “1. That Both The Ld. Cit(A) & Ld. Ao Erred In Law & In Facts In Disallowance Of Rs.1,08,69,547/- U/S 14A In A Mechanical Way Without Appreciating The Facts That The Assessee Himself Has Disallowed Rs 2.41 Lakhs & That There Cannot Be Any Further Disallowance U/S 14A Without A Cogent Reason. 2. That Both The Ld. Cit(A) & Ld. Ao Erred In Law & In Facts In Appreciating That Strategic Investments In Dabur India Limited As The Promoter Shareholder, Would Not Form Part Of Disallowance U/S 14A.”

For Appellant: Shri M.P. Rastogi, AdvocateFor Respondent: Shri N.K. Bansal, Sr. DR
Section 14A

expended “not of necessity” and with a view to a direct and immediate benefit to that trade, but voluntarily and on the ground of commercial expediency for the purpose of business. He submitted that the directors of the assessee company have undertaken foreign visits in order to exchange views with

Excel Industries Ltd., Mumbai vs. The CIT -CC-6(3), Mumbai

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

ITA 238/MUM/2021[2016-17]Status: DisposedITAT Mumbai13 Jan 2022AY 2016-17

Bench: Shri Prashant Maharishi & Shri Pavan Kumar Gadaleexcel Industries Ltd Vs. The Cit-Cc 6(3) 184-87, Excel Estate, 19Th Floor, Air India Sv Road, Jogeshwari Bldg, Nariman Point, (West)Mumbai – 400102 Mumbai – 400 021. "थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aaace2488F Appellant .. Respondent Appellant By : Mr.Kirit Kamdar. Ar Respondent By : Mr.Ajay Kumar. Dr Date Of Hearing 13.01.2022 Date Of Pronouncement 19.01.2022 आदेश / O R D E R Per Pavan Kumar Gadale Jm: The Assessee Has Filed The Appeal Against The Order Of The Cit(A)-54, Mumbai Passed U/S 143(3) & 250 Of The Act. The Assessee Has Raised The Following Grounds Of Appeal. 1. On The Facts & In The Circumstances Of The Case & In Law, The Cit(A) Erred In Confirming The Action Of The Ao In Disallowing A Sum Of Rs. 1,00,50,000/- Out Of Interest Paid Attributable To Loan To A Subsidiary. 2. On The Facts & In The Circumstances Of The Case & In Law, The Cit(A) Erred In Confirming The Action Of The Ao In Levying An Amount Of Rs. 5,42,910/- On Account Excel Industries Ltd, Mumbai. Of Interest U/S 115P For Dividend Distributed Under Section 115-O, For Which Dividend Distribution Tax Had Already Been Paid. 3. On The Facts & In The Circumstances Of The Case & In Law, The Cit(A) Erred In Not Adjudicating The Ground On Additions Made To Book Profits U/S 115Jb.

For Appellant: Mr.Kirit Kamdar. ARFor Respondent: Mr.Ajay Kumar. DR
Section 115Section 115JSection 115PSection 143(2)Section 143(3)Section 14ASection 36(1)(iii)

Investments Ltd of Rs. 8,40,00,000/- and no interest is charged.The assessee has filed the explanations on internal accrual of funds and commercial expediency and benefits to the assessee. 4. The A.O has considered the earlier year assessment records and found that the interest expenses component has been ... loan given to subsidiary company without considering the Excel Industries Ltd, Mumbai. fact that the loan was provided for business purpose and there exist commercial expediency. On the second disputed issue, the CIT(A) has erred in confirming the action of the A.O in levying interest u/sec115P

M/S Kumaraswamy Mineral Export Pvt. Ltd., Bengaluru vs. Joint Commissioner of Income Tax Bellary Range, Bellary

In the result, the appeal of the assessee stands allowed

ITA 1654/BANG/2018[2011-12]Status: DisposedITAT Bangalore04 Jan 2022AY 2011-12

Bench: Shri. Chandra Poojari & Smt. Beena Pillaiassessment Year : 2011-12 M/S. Kumaraswamy Mineral Exports Pvt. Ltd., [For & On Behalf Of The Joint Erstwhile Partnership Commissioner Of Firm M/S. Kumaraswamy Income Tax, Mineral Exports], Bellary Range, No. 58, Cunningham Vs. Bellary. Road Cross, Bangalore – 560 052. Pan: Aabfk8539K Appellant Respondent : Shri S.V. Ravishankar, Assessee By Advocate : Shri Sumer Singh Meena, Revenue By Cit Dr(Osd) Date Of Hearing : 21-12-2021 Date Of Pronouncement : 04-01-2022 Order Per Beena Pillaipresent Appeal Has Been Filed By Assessee Against The Order Dated 22/03/2018 Passed By Ld.Cit(A), Gulbarga For Assessment Year 2011-12 On Following Grounds Of Appeal: “1. The Order Passed By The Learned Commissioner Of Income-Tax [Appeals]-4, Bengaluru Dated 22/03/2018 & The Order Of Assessment Passed By The Learned Assessing Officer Under Section 143 [3] Of The Act Dated 28/03/2014, In So Far As It Is Against The Appellant, Is Opposed To The Law, Weight Of Evidence, Probabilities, Facts & Circumstances In The Appellant'S Case.

For Respondent: Shri S.V. Ravishankar
Section 143Section 14ASection 234Section 37

ground that the activity involved for such expenditure is not directly connected to the business activity. In other words, the issue of commercial expediency would also arise. 20. In fact, the Hon'ble Apex Court approving the observation of ATHERTON's case - 1926 AC 205 in the matter of EASTERN ... money expended, none of necessity and with a view to a direct and immediate benefit to the trade, but voluntarily on the grounds of commercial expediency, and in order indirectly to facilitate the carrying on of the business, may yet be expended wholly and exclusively for the purposes