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“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

Burmah Devi W/O. Gokul Chand, Rewari vs. ITO Ward -1, Rewari

In the result, the grounds and appeal filed by the assessee are allowed

ITA 9555/DEL/2019[2009-10]Status: DisposedITAT Delhi11 Sept 2024AY 2009-10

Bench: Shri S.Rifaur Rahman & Shri Sudhir Kumarburmah Devi, Vs. Ito, Ward 1, W/O Gokul Chand, Rewari. Flat No.133, Shanti Lok Society, Sector 3, Bawal Road, Rewari (Haryana). (Pan : Apzpd7437E) (Appellant) (Respondent) Assessee By : Shri Pranav Yadav, Advocate Revenue By : Shri Kanv Bali, Sr. Dr Date Of Hearing : 18.07.2024 Date Of Order : 11.09.2024 Order Per S.Rifaur Rahman,Am: This Appeal Has Been Filed By The Assessee Against The Order Of Learned Commissioner Of Income Tax (Appeals), Rohtak [“Ld. Cit(A)”, For Short] Dated 23.10.2019 For Assessment Year 2009-10. 2. Brief Facts Of The Case Are, Original Assessment Was Made Under Section 143 (3) Of The Income-Tax Act, 1961 (For Short “The Act”) Vide Order Dated 28.11.2011. While Framing Assessment, The Ao Observed That The Assessee Made Cash Payments Of Rs.77,47,703/- Against Purchase Of Goods & Also Made

For Appellant: Shri Pranav Yadav, AdvocateFor Respondent: Shri Kanv Bali, Sr. DR
Section 143Section 40A(3)

genuine or whether it was out of the income from disclosed sources. The terms of Section 40-A(3) are not absolute. Consideration of business expediency and other relevant factors are not excluded. The genuine and bona fide transactions are not taken out of the sweep of the section ... have already adverted to, have not been disbelieved. In our view, assuming these reasons to be correct, they clearly make out a case of business expediency. 10. In the circumstances, the order of the Tribunal in this regard is set aside. The payments cannot be disallowed under Section

Sivakarthikeyan Transports, Karur vs. Income Tax Officer, Ward - 2 Karur, Karur

In the result the appeal of the assessee is allowed

ITA 970/CHNY/2023[2014-15]Status: DisposedITAT Chennai04 Sept 2024AY 2014-15

Bench: Shri Aby T. Varkey & Shri S.R. Raghunathaआयकर अपील सं./Ita No.970/Chny/2023 िनधा"रण वष" /Assessment Year: 2014-15 Sivakarthikeyan Transports, The Income Tax Officer, 23, Pasuapthypuram, Vs. Ward-2, Karur – 639001. Karur. Tamil Nadu. [Pan: Aaias 3396N] (अपीलाथ"/Appellant) (""यथ"/Respondent) अपीलाथ" की ओर से/ Assessee By : Shri S. Sridhar, Advocate ""थ" की ओर से /Revenue By : Shri D. Hema Bhupal, Jcit सुनवाई की तारीख/Date Of Hearing : 19.06.2024 घोषणा की तारीख /Date Of Pronouncement : 04.09.2024 आदेश / O R D E R Per S.R. Raghunatha, A.M : This Appeal By The Assessee Is Arising Out Of The Order Of The Commissioner Of Income Tax (Appeals), [Nfac], Delhi [Hereinafter “Cit(A)] In Din & Order No.Itba/Nfac/S/250/2023- 24/1054458891(1), Dated 19.07.2023. 2. The Grounds Of Appeal Raised By The Assessee Are As Under: (A) The Order Passed By The Learned Cit(A) Is Against The Probabilities & Evidence Of Facts Put Forth Before It & Also Contrary To Settled Principles With Regard To The Law On Taxation. :- 2 -:

For Appellant: Shri S. Sridhar, AdvocateFor Respondent: Shri D. Hema Bhupal, JCIT
Section 40Section 40ASection 40A(3)

even though the decision was held in favour of revenue in respect of section 40A(3), their lordships has discussed the question of business expediency to make the payment in cash. The relevant extract is given below: “18. Question No.4:- The fourth question revolves around business expediency. This question ... such cases and under such circumstances as may be prescribed, having regard to the nature and extent of banking facilities available, considerations of business expediency and other relevant factors;’' 19. As seen from the proviso, the question in relation to sub-section (3) has to be examined with reference