← 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

Income Tax Officer, Aayakar Bhawan Poorva Kol vs. Sita Ram Pareek, Burrabazar

In the result, the appeal of the assessee is allowed, whereas, the appeal of the revenue is dismissed

ITA 653/KOL/2024[2017-18]Status: DisposedITAT Kolkata11 Mar 2025AY 2017-18

Bench: Shri Rajesh Kumar & Shri Pradip Kumar Choubeyi.T.A. No.378/Kol/2024 Assessment Year: 2017-18 Sitaram Pareek………………....…………...………......................……….……Appellant Ca Anup Kumar Sanghai Sanghai & Co, Ca 21, Hemanta Basu Sarani, 2Nd Floor, Room No.204, Kolkata -1. [Pan:Alqpp5688N] Vs. Ito, Ward-36(1), Kolkata..............…..….…..….........……........……...…..…..Respondent I.T.A. No.653/Kol/2024 Assessment Year: 2017-18 Ito, Ward-36(1), Kolkata ………………....………......................……….……Appellant Vs. Sitaram Pareek..............…..….…..…..........................……........……...…..…..Respondent Ca Anup Kumar Sanghai Sanghai & Co, Ca 21, Hemanta Basu Sarani, 2Nd Floor, Room No.204, Kolkata -1. [Pan:Alqpp5688N] Appearances By: Shri Anup Sanghai, Fca, Appeared On Behalf Of The Appellant. Shri Abhijit Adhikari, Jcit, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : March 10, 2025 Date Of Pronouncing The Order : March 11, 2025 Order Per Rajesh Kumar: The Captioned Are Cross-Appeals, One By The Assessee & The Other By The Revenue Against The Common Order Dated 29.12.2023 Of The National Faceless Appeal Centre [Hereinafter Referred To As The ‘Cit(A)’] Passed U/S 250 Of The Income Tax Act (Hereinafter Referred To As The ‘Act’). Since The Facts & Issued Involved In Both The Appeals Are Identical & Both The Appeals Are Arising Out Of The Same Order Of The Ld.

Section 143(3)Section 250Section 68

period 01.04.2016 to 31.03.2017 showing the receipt of the money and withdrawal of the money consecutively. It was submitted that the Appellant was under business expediency to make the payment in cash because of the absence of proper banking facilities available with the producers of the jute. Moreover, the producers

Sitaram Pareek, Kolkata vs. ITO, Ward-36(1), Kolkata

In the result, the appeal of the assessee is allowed, whereas, the appeal of the revenue is dismissed

ITA 378/KOL/2024[2017-18]Status: DisposedITAT Kolkata11 Mar 2025AY 2017-18

Bench: Shri Rajesh Kumar & Shri Pradip Kumar Choubeyi.T.A. No.378/Kol/2024 Assessment Year: 2017-18 Sitaram Pareek………………....…………...………......................……….……Appellant Ca Anup Kumar Sanghai Sanghai & Co, Ca 21, Hemanta Basu Sarani, 2Nd Floor, Room No.204, Kolkata -1. [Pan:Alqpp5688N] Vs. Ito, Ward-36(1), Kolkata..............…..….…..….........……........……...…..…..Respondent I.T.A. No.653/Kol/2024 Assessment Year: 2017-18 Ito, Ward-36(1), Kolkata ………………....………......................……….……Appellant Vs. Sitaram Pareek..............…..….…..…..........................……........……...…..…..Respondent Ca Anup Kumar Sanghai Sanghai & Co, Ca 21, Hemanta Basu Sarani, 2Nd Floor, Room No.204, Kolkata -1. [Pan:Alqpp5688N] Appearances By: Shri Anup Sanghai, Fca, Appeared On Behalf Of The Appellant. Shri Abhijit Adhikari, Jcit, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : March 10, 2025 Date Of Pronouncing The Order : March 11, 2025 Order Per Rajesh Kumar: The Captioned Are Cross-Appeals, One By The Assessee & The Other By The Revenue Against The Common Order Dated 29.12.2023 Of The National Faceless Appeal Centre [Hereinafter Referred To As The ‘Cit(A)’] Passed U/S 250 Of The Income Tax Act (Hereinafter Referred To As The ‘Act’). Since The Facts & Issued Involved In Both The Appeals Are Identical & Both The Appeals Are Arising Out Of The Same Order Of The Ld.

Section 143(3)Section 250Section 68

period 01.04.2016 to 31.03.2017 showing the receipt of the money and withdrawal of the money consecutively. It was submitted that the Appellant was under business expediency to make the payment in cash because of the absence of proper banking facilities available with the producers of the jute. Moreover, the producers