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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

Ramchand Bhulchand Rajai, Bhavnagar vs. The Dy.CIT., Circle-1, Bhavnagar

ITA 167/AHD/2024[2009-10]Status: DisposedITAT Ahmedabad15 Jul 2024AY 2009-10

Bench: Mrs. Annapurna Gupta & Shri T.R. Senthil Kumarआयकर अपील सं / Ita No. 167/Ahd/2024 िनधा"रण वष"/Assessment Year : 2009-10 बनाम बनाम बनाम बनाम Ramchand Bhulchand Rajai, The Deputy Commissioner C/O. Jayesh Tyres, Vs. Of Income-Tax, Opp. Railway Station, Circle-1, Bhavnagar Bhavnagar-364001 Pan : Abmpr 4841 D अपीलाथ"/ (Appellant) "" यथ"/ (Respondent) िनधा"रती की ओर से / Assessee By : Shri B.R. Popat, Ar ""थ" की ओर से / Revenue By: Shri Prateek Sharma, Sr Dr सुनवाई की तारीख /Date Of Hearing : 22/04/2024 घोषणा की तारीख /Date Of Pronouncement: 15/07/2024 आदेश/O R D E R Per Annapurna Gupta

For Appellant: Shri B.R. Popat, ARFor Respondent: Shri Prateek Sharma, Sr DR
Section 250Section 271(1)(c)Section 40A(3)

return of income. That, it was explained that these payments had been made in violation of Section 40A(3) of the Act due to business expediency and thus was covered in the exceptions to the provisions of Section 40A(3) of the Act as find mention in Rule ... sections (3) and (3A) of section 40A of the Act are made other than by the specified modes having regard inter alia to business expediency and other relevant factors, no disallowance under either of these sub- sections is required to be made. Similarly, Rule 6DD of the Income-tax Rules

Deputy Commissioner of Income Tax, Central Circle-1(4), Chennai vs. Shri. Moolchand Kiran Kumar Jain, Chennai

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

ITA 6/CHNY/2024[2021-22]Status: DisposedITAT Chennai12 Jul 2024AY 2021-22

Bench: Shri Aby T Varkey, Hon’Ble & Shri S. R. Raghunatha, Hon’Bleआयकरअपीलसं./Ita Nos.: 5 & 6/Chny/2024 िनधा"रणवष" / Assessment Years: 2020-21 & 2021-22 The Dy. Commissioner Of Shri. Moolchandkiran Kumar Income Tax, V. Jain, Central Circle -1(4), No. 123, Usman Road, T.Nagar, Chennai-34. Chennai – 600 017. [Pan:Achpm-2247-E] (अपीलाथ"/Appellant) (""यथ"/Respondent) अपीलाथ"क"ओरसे/Appellant By : Shri. R. Clement Ramesh Kumar, Cit ""यथ"क"ओरसे/Respondent By : Shri. D. Anand, Advocate सुनवाई क" तारीख/Date Of Hearing : 13.05.2024 घोषणा क" तारीख/Date Of Pronouncement : 12.07.2024 आदेश /O R D E R Per S. R. Raghunatha, Am: These Appeals Are Preferred By The Revenue Against The Common Order Of The Learned Commissioner Of Income Tax (Appeals)-18, (Hereinafter In Short "The Ld.Cit(A)”), Chennai, Dated 15.11.2022 Against The Assessment Order U/S.153A/143(3) Of The Income Tax Act, 1961 (Hereinafter In Short "The Act”) For :-2-: Ita. Nos: 5 & 6/Chny/2024

For Appellant: Shri. R. Clement Ramesh Kumar, CITFor Respondent: Shri. D. Anand, Advocate
Section 132Section 143(3)Section 153ASection 36(1)Section 36(1)(iii)

LJMPL has already been excluded on the basis of commercial expediency. As far as other investments are concerned, there also, the assessee claims business expediency. Therefore, section 36(1)(iii) comes into play more here and gains more primacy here to see whether there is business expediency in such investments ... estate business, renting service, manufacture of body of moto vehicle, insurance business, media, software, etc and thus, it can be seen there is no business expediency in there. Even where some entities are in the sane jewellery business, he assessee has not established and business expediency with them

Deputy Commissioner of Income Tax, Central Circle - 1(4), Chennai vs. Shri. Moolchand Kiran Kumar Jain, Chennai

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

ITA 5/CHNY/2024[2020-21]Status: DisposedITAT Chennai12 Jul 2024AY 2020-21

Bench: Shri Aby T Varkey, Hon’Ble & Shri S. R. Raghunatha, Hon’Bleआयकरअपीलसं./Ita Nos.: 5 & 6/Chny/2024 िनधा"रणवष" / Assessment Years: 2020-21 & 2021-22 The Dy. Commissioner Of Shri. Moolchandkiran Kumar Income Tax, V. Jain, Central Circle -1(4), No. 123, Usman Road, T.Nagar, Chennai-34. Chennai – 600 017. [Pan:Achpm-2247-E] (अपीलाथ"/Appellant) (""यथ"/Respondent) अपीलाथ"क"ओरसे/Appellant By : Shri. R. Clement Ramesh Kumar, Cit ""यथ"क"ओरसे/Respondent By : Shri. D. Anand, Advocate सुनवाई क" तारीख/Date Of Hearing : 13.05.2024 घोषणा क" तारीख/Date Of Pronouncement : 12.07.2024 आदेश /O R D E R Per S. R. Raghunatha, Am: These Appeals Are Preferred By The Revenue Against The Common Order Of The Learned Commissioner Of Income Tax (Appeals)-18, (Hereinafter In Short "The Ld.Cit(A)”), Chennai, Dated 15.11.2022 Against The Assessment Order U/S.153A/143(3) Of The Income Tax Act, 1961 (Hereinafter In Short "The Act”) For :-2-: Ita. Nos: 5 & 6/Chny/2024

For Appellant: Shri. R. Clement Ramesh Kumar, CITFor Respondent: Shri. D. Anand, Advocate
Section 132Section 143(3)Section 153ASection 36(1)Section 36(1)(iii)

LJMPL has already been excluded on the basis of commercial expediency. As far as other investments are concerned, there also, the assessee claims business expediency. Therefore, section 36(1)(iii) comes into play more here and gains more primacy here to see whether there is business expediency in such investments ... estate business, renting service, manufacture of body of moto vehicle, insurance business, media, software, etc and thus, it can be seen there is no business expediency in there. Even where some entities are in the sane jewellery business, he assessee has not established and business expediency with them

M/S. Gunny Dealers Ltd., Kolkata vs. ITO, Tech-1, Kolkata

In the result, the appeal of the assessee is treated as partly allowed

ITA 1373/KOL/2023[2012-13]Status: DisposedITAT Kolkata27 Jun 2024AY 2012-13

Bench: Shri Sanjay Garg & Shri Rakesh Mishrai.T.A. No.1373/Kol/2023 Assessment Years: 2012-13 M/S Gunny Dealers Ltd…………………....................…...……………....Appellant C/O Subash Agarwal & Associates, Advocates Siddha Gibson, 1, Gibson Lane, Suite 213, 2Nd Floor, Kolkata – 700069. [Pan: Aabcg0019R] Vs. Ito, Tech-1, Kolkata………….……………............................…..…..... Respondent Appearances By: Shri Siddharth Agarwal, Advocate, Appeared On Behalf Of The Assessee. Shri P. P. Barman, Addl. Cit-Sr. Dr, Appeared On Behalf Of The Revenue. Date Of Concluding The Hearing : April 30, 2024 Date Of Pronouncing The Order : June 27, 2024 आदेश / Order संजय गग", "या"यक सद"य "वारा / Per Sanjay Garg: The Present Appeal Has Been Preferred By The Assessee Against The Order Dated 28.11.2023 Of The National Faceless Appeal Centre [Hereinafter Referred To As ‘Cit(A)’] Passed U/S 250 Of The Income Tax Act (Hereinafter Referred To As The ‘Act’). 2. The Assessee In This Appeal Has Taken The Following Grounds Of Appeal: “1. For That On The Facts & In The Circumstances Of The Case, The Ld. Cit(A) Ought To Haye Considered That The Order U/S 143(3) Was Passed By An Authority Who Lacks Jurisdiction Over The Appellant & As Such, The Said Order Is Bad In Law & Is Liable To Be Quashed. 2. For That On The Facts & In The Circumstances Of The Case, The Ld. Cit(A) Was Not Justified In Confirming The Disallowance Of

Section 131Section 143(3)Section 250Section 36(1)(va)Section 40A(3)

able to satisfactorily reply to all the queries raised by the Ld. A.O. Thus, the contention about the genuinity of the transaction and business expediency of making cash purchases was proved beyond doubt by the assessee company. (d) In the assessment order, the Ld. A.O. contended as under- I.T.A. No.1373/Kol/2023 ... Rule 6DD of the Rules. The ld. Counsel in this respect has relied upon the following case laws: 1 Case-laws on 40A(3)- business expediency (a) ITAT order in the case of Srabani Chakraborty vs. ITO, ITA No. 1724/K/12, Order dated 27.03.14 (b) ITAT order in the case

Subramaniam Ramasamy, Tiruppur vs. DCIT, Circle-1, Tiruppur

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

ITA 1293/CHNY/2023[2014-15]Status: DisposedITAT Chennai19 Jun 2024AY 2014-15

Bench: Hon’Ble Shri Manoj Kumar Aggarwal, Am & Hon’Ble Shri Manu Kumar Giri, Jm आयकरअपील सं./ Ita No.1293/Chny/2023 (िनधा"रणवष" / Assessment Year: 2014-15) Subramaniam Ramasamy, Vs. The Deputy Commissioner Of Prop: Asia Textiles, Income Tax, 119-A, Rasagoundenpalayam, Circle -1, Manickapuram, Tirupur. Palladam, Tirupur 641 664. [Pan: Asips 0010J] (अपीलाथ"/Appellant) (""यथ"/Respondent) अपीलाथ" क" ओर से/ Appellant By : Shri. S. Sridhar, Advocate ""यथ" क" ओर से /Respondent By : Shri. R. Mukundan, Irs, Jcit. सुनवाई क" तार"ख/Date Of Hearing : 12.06.2024 घोषणा क" तार"ख /Date Of Pronouncement : 19.06.2024 आदेश / O R D E R Per Manu Kumar Giri ()

For Appellant: Shri. S. Sridhar, AdvocateFor Respondent: Shri. R. Mukundan, IRS, JCIT
Section 10Section 143(3)Section 40Section 40ASection 68

Learned First Appellate Authority erred in not considering the plea of the Appellant that the payments were made to business parties only out of business expediency, more particularly when the Appellant explained that the suppliers insisted on immediate payment for smooth supply of goods. 4) Without prejudice, the Learned First ... Appellate Authority erred in observing that business expediency is not covered under Rule 6DD of the Income Tax Rules and that none of the circumstances mentioned therein are applicable, without considering the larger and broader scope and effect of Section 40A (3) to the present scenario. 5) Without prejudice