← All Phrases

“business expediency”

Business ExpensesSection 37Section 37849 judgments

The decision most relied on for business expediency is S.A. Builders Ltd. v. CIT (288 ITR 1), cited in 1,484 judgments on BharatTax.

Leading authorities on business 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. 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.

CIT v. Walchand & Co.
65 ITR 381 · 1967 · Supreme Court
314
citing judgments

The necessity and reasonableness of business expenditure, including the utilization of borrowed funds, must be judged from the perspective of a businessman based on commercial expediency, and cannot be dictated by revenue authorities. The onus is on the assessee to demonstrate the business purpose and commercial expediency.

Judgments citing business expediency

ACIT, Central Cirlce-1, Nashik vs. Avinash Knatilal Jain, Jalgaon

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

ITA 26/PUN/2024[2015-16]Status: DisposedITAT Pune08 May 2025AY 2015-16

Bench: Shri R. K. Panda & Shri Vinay Bhamoreआयकर अपील सं. / Ita No.26/Pun/2024 िनधा"रण वष" / Assessment Year : 2015-16 Acit, Central Circle-1, Vs. Avinash Kantilal Jain, Nashik. 36, Aryan Bunglow, Samta Nagar Road, Venketesh Colony- 425001. Pan : Acwpj9538Q Appellant Respondent Revenue By : Shri Ramnath P. Murkunde Assessee By Smt. Deepa Khare : Date Of Hearing : 11.02.2025 Date Of Pronouncement : 08.05.2025 आदेश / Order Per Vinay Bhamore, Jm: This Appeal Filed By The Revenue Is Directed Against The Order Dated 04.10.2023 Passed By Ld. Cit(A), Pune-12 [‘Ld. Cit(A)’] For The Assessment Year 2015-16. 2. The Revenue Has Raised The Following Grounds Of Appeal :- “01. Whether On The Facts & In The Circumstances Of The Case, The Ld.Cit(A) Erred In Deleting The Addition Of Rs 3,27,81,102/- On Account Of Deemed Dividend U/S 2(22)(E) Of The I.T. Act By Not Considering The Contents Of The Deeming Provision. 02. Whether On The Facts & In The Circumstances Of The Case, The Ld.Cit(A) Erred In Not Appreciating The Fact That The Decision In The Case Of Pradeep Kumar Malhotra Vs. Cit(Calcutta High Court), Which Was Relied By Ld.Cit(A) Has Distinguishable Facts

For Respondent: Shri Ramnath P. Murkunde
Section 139Section 143(2)Section 2(22)Section 2(22)(e)Section 44A

work for the company so that the company could fulfil an export order. It was held that as the assessee proved business expediency, the advance was not covered by section 2(22)(e) of the Act. (CIT vs Amrik Singh, P&H High Court)2. iii. A floating security deposit

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

In the result, both the appeals of the revenue are dismissed

ITA 6986/MUM/2024[2021-22]Status: DisposedITAT Mumbai30 Apr 2025AY 2021-22

Bench: Smt. Beena Pillai & Smt. Renu Jauhriआयकर अपील सं./Ita No. 6985/Mum/2024 (निर्धारण वर्ा / Assessment Year :2020-21) आयकर अपील सं./Ita No. 6986/Mum/2024 (निर्धारण वर्ा / Assessment Year :2021-22) Dcit Cc 4(2), Mumbai V/S. Shoppers Stop Ltd. Room No. 420, Kautilya बिधम 5Th Floor, Umang Tower, Bhavan, Bkc, Mumbai, Malad Link Road, Malad Maharashtra-400051 (W), Mumbai, Maharashtra- 400064 स्थायी लेखा सं./जीआइआर सं./Pan/Gir No: Aabcs4383A Appellant/अपीलधर्थी .. Respondent/प्रनिवधदी निर्ााररती की ओर से /Assessee By: Ms. Aarti Sathe/ Ms. Aasavari Kadam रधजस्व की ओर से /Revenue By: Ms. Kavitha Kaushik

For Appellant: Ms. Aarti Sathe/ Ms. AasavariFor Respondent: Ms. Kavitha Kaushik
Section 143(3)Section 14ASection 250Section 5

Officer computed the disallowance/addition of Rs. 2.86 crore. We have noted that the assessee advanced the money to its subsidiary, which falls under the business expediency. Therefore, in the present case that the assessee advances to its subsidiary for business requirements, which may have impact on the objectives ... incurred on grounds of commercial expediency. The case of the assessee is that the assessee has made advances to its subsidiary for business expediency. Therefore, considering the decision of Hon'ble Supreme Court in SA Builder (supra), we do not find any Infirmity in the order passed

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

In the result, both the appeals of the revenue are dismissed

ITA 6985/MUM/2024[2020-21]Status: DisposedITAT Mumbai30 Apr 2025AY 2020-21

Bench: Smt. Beena Pillai & Smt. Renu Jauhriआयकर अपील सं./Ita No. 6985/Mum/2024 (निर्धारण वर्ा / Assessment Year :2020-21) आयकर अपील सं./Ita No. 6986/Mum/2024 (निर्धारण वर्ा / Assessment Year :2021-22) Dcit Cc 4(2), Mumbai V/S. Shoppers Stop Ltd. Room No. 420, Kautilya बिधम 5Th Floor, Umang Tower, Bhavan, Bkc, Mumbai, Malad Link Road, Malad Maharashtra-400051 (W), Mumbai, Maharashtra- 400064 स्थायी लेखा सं./जीआइआर सं./Pan/Gir No: Aabcs4383A Appellant/अपीलधर्थी .. Respondent/प्रनिवधदी निर्ााररती की ओर से /Assessee By: Ms. Aarti Sathe/ Ms. Aasavari Kadam रधजस्व की ओर से /Revenue By: Ms. Kavitha Kaushik

For Appellant: Ms. Aarti Sathe/ Ms. AasavariFor Respondent: Ms. Kavitha Kaushik
Section 143(3)Section 14ASection 250Section 5

Officer computed the disallowance/addition of Rs. 2.86 crore. We have noted that the assessee advanced the money to its subsidiary, which falls under the business expediency. Therefore, in the present case that the assessee advances to its subsidiary for business requirements, which may have impact on the objectives ... incurred on grounds of commercial expediency. The case of the assessee is that the assessee has made advances to its subsidiary for business expediency. Therefore, considering the decision of Hon'ble Supreme Court in SA Builder (supra), we do not find any Infirmity in the order passed

Income Tax Officer-Ward-6(3)(1), Mumbai vs. Kohinoor Planet Constructions Pvt. Ltd., Mumbai

In the result, the appeal filed by the revenue is partly allowed for statistical purpose

ITA 1495/MUM/2024[2017-18]Status: DisposedITAT Mumbai29 Apr 2025AY 2017-18

Bench: Ms. Kavitha Rajagopal, Jm & Smt. Renu Jauhri, Am & Kohinoor Planet Constructions Pvt. Assistant Commissioner Of Income Ltd. Tax, Circle 6(3)(1) 506, 5Th Floor, Aayakar Bhavan, Kohinoor Corporate Office, Senapati Vs. Bapat Marg, Dadar West, Mumbai – Maharishi Karve Road, Mumbai – 400028. 400020. Pan/Gir No. Aabcr6994E (Assessee) : (Respondent) & Income Tax Officer, Ward-6(3)(1) Kohinoor Planet Constructions Room No. 524, 5Th Floor, Aayakar Pvt. Ltd. Bhavan, M. K. Road, Mumbai – 3, Kohinoor Corporate Office, Vs. 400020. Senapati Bapat Marg, Dadar West, Mumbai – 400028. Pan/Gir No. Aabcr6994E (Assessee) : (Respondent) Assessee By : Shri. Jayesh Dadia : Shri. Biswanath Das – Cit Dr. Respondent By : 30.01.2025 Date Of Hearing Date Of Pronouncement : 29.04.2025 O R D E R Per Bench: These Are Cross Appeals Filed By The Assessee & Revenue, Challenging The Order Of The Learned Commissioner Of Income Tax (Appeals) Delhi (‘Ld. Cit(A)’ For Short)

For Appellant: Shri. Jayesh DadiaFor Respondent: 30.01.2025
Section 143(2)Section 143(3)Section 250Section 36(2)Section 37Section 43CSection 68

ground that the assessee has failed to prove that the interest bearing funds have been utilized exclusively for its business expediency and further the assessee has failed to establish the fact that the assessee had own interest free funds which were utilized for the purpose of advancing fund ... said ground. 22. The ld. DR for the revenue contended that the investment made by the assessee in M/s. KCTNL was not for business expediency and the same cannot be a business loss on non-recovery of the same. The ld. DR further stated that it cannot be allowed neither

Income Tax Officer Ward-6(3)(1), Mumbai vs. Kohinoor Planet Constructions Private Limited, Mumbai

In the result, the appeal filed by the revenue is partly allowed for statistical purpose

ITA 1493/MUM/2024[2016-17]Status: DisposedITAT Mumbai29 Apr 2025AY 2016-17

Bench: Ms. Kavitha Rajagopal, Jm & Smt. Renu Jauhri, Am & Kohinoor Planet Constructions Pvt. Assistant Commissioner Of Income Ltd. Tax, Circle 6(3)(1) 506, 5Th Floor, Aayakar Bhavan, Kohinoor Corporate Office, Senapati Vs. Bapat Marg, Dadar West, Mumbai – Maharishi Karve Road, Mumbai – 400028. 400020. Pan/Gir No. Aabcr6994E (Assessee) : (Respondent) & Income Tax Officer, Ward-6(3)(1) Kohinoor Planet Constructions Room No. 524, 5Th Floor, Aayakar Pvt. Ltd. Bhavan, M. K. Road, Mumbai – 3, Kohinoor Corporate Office, Vs. 400020. Senapati Bapat Marg, Dadar West, Mumbai – 400028. Pan/Gir No. Aabcr6994E (Assessee) : (Respondent) Assessee By : Shri. Jayesh Dadia : Shri. Biswanath Das – Cit Dr. Respondent By : 30.01.2025 Date Of Hearing Date Of Pronouncement : 29.04.2025 O R D E R Per Bench: These Are Cross Appeals Filed By The Assessee & Revenue, Challenging The Order Of The Learned Commissioner Of Income Tax (Appeals) Delhi (‘Ld. Cit(A)’ For Short)

For Appellant: Shri. Jayesh DadiaFor Respondent: 30.01.2025
Section 143(2)Section 143(3)Section 250Section 36(2)Section 37Section 43CSection 68

ground that the assessee has failed to prove that the interest bearing funds have been utilized exclusively for its business expediency and further the assessee has failed to establish the fact that the assessee had own interest free funds which were utilized for the purpose of advancing fund ... said ground. 22. The ld. DR for the revenue contended that the investment made by the assessee in M/s. KCTNL was not for business expediency and the same cannot be a business loss on non-recovery of the same. The ld. DR further stated that it cannot be allowed neither

Kohinoor Planet Constructions Private Limited, Mumbai vs. Assistant Commissioner of Income Tax Circle 6(3)(2), Mumbai

In the result, the appeal filed by the revenue is partly allowed for statistical purpose

ITA 1159/MUM/2024[AY 2016-17]Status: DisposedITAT Mumbai29 Apr 2025

Bench: Ms. Kavitha Rajagopal, Jm & Smt. Renu Jauhri, Am & Kohinoor Planet Constructions Pvt. Assistant Commissioner Of Income Ltd. Tax, Circle 6(3)(1) 506, 5Th Floor, Aayakar Bhavan, Kohinoor Corporate Office, Senapati Vs. Bapat Marg, Dadar West, Mumbai – Maharishi Karve Road, Mumbai – 400028. 400020. Pan/Gir No. Aabcr6994E (Assessee) : (Respondent) & Income Tax Officer, Ward-6(3)(1) Kohinoor Planet Constructions Room No. 524, 5Th Floor, Aayakar Pvt. Ltd. Bhavan, M. K. Road, Mumbai – 3, Kohinoor Corporate Office, Vs. 400020. Senapati Bapat Marg, Dadar West, Mumbai – 400028. Pan/Gir No. Aabcr6994E (Assessee) : (Respondent) Assessee By : Shri. Jayesh Dadia : Shri. Biswanath Das – Cit Dr. Respondent By : 30.01.2025 Date Of Hearing Date Of Pronouncement : 29.04.2025 O R D E R Per Bench: These Are Cross Appeals Filed By The Assessee & Revenue, Challenging The Order Of The Learned Commissioner Of Income Tax (Appeals) Delhi (‘Ld. Cit(A)’ For Short)

For Appellant: Shri. Jayesh DadiaFor Respondent: 30.01.2025
Section 143(2)Section 143(3)Section 250Section 36(2)Section 37Section 43CSection 68

ground that the assessee has failed to prove that the interest bearing funds have been utilized exclusively for its business expediency and further the assessee has failed to establish the fact that the assessee had own interest free funds which were utilized for the purpose of advancing fund ... said ground. 22. The ld. DR for the revenue contended that the investment made by the assessee in M/s. KCTNL was not for business expediency and the same cannot be a business loss on non-recovery of the same. The ld. DR further stated that it cannot be allowed neither