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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

Deputy Commissioner of Income Tax (Central), Jabalpur vs. M/S. Jabalpur Hospital & Research Center, Jabalpur

In the result, the appeal filed by the revenue is dismissed and the Cross objections filed by the assessee are partly allowed

ITA 19/JAB/2019[2016-17]Status: DisposedITAT Jabalpur20 Nov 2023AY 2016-17

Bench: Shri Om Prakash Kant & Shri Pavan Kumar Gadaledcit, Vs. Jabalpur Hospital & Central Circle, Researchcentre,Pvtltd Ramnath Russel Crossing, Building,Napier Town, Napier Town, Jabalpur-482001, Jabalpur-482001 Madhya Pradesh. Madhya Pradesh Pan/Gir No. : Aabcj1959K Appellant .. Respondent Co.No.04/Jab/2019 (A.Y. 2016-17) (In Ita No.19/Jab/2019) Jabalpur Hospital & Vs. Dcit, Research Centre Pvt Ltd, Central Circle, Russel Crossing, Ramnath Napier Town, Building,Napier Town, Jabalpur-482001. Jabalpur-482001. Madhya Pradesh. Madhya Pradesh. Pan/Gir No. : Aabcj1959K Appellant .. Respondent

For Appellant: Shri Dhiraj Ghai.CA.ARFor Respondent: Shri Saad Kidwai. CIT-DR
Section 142(1)

Foundation and Medical Education. The Ld. DR has relied on the findings of the AO. Whereas the CIT(A) has considered the facts of business expediency and the submissions of the assessee at Para 6.6.2 of the order as under: 6.6.2 The AR of the appellant in his written submission ... interest free loans provided to the associate concerns i.e M/s Global Foundation and Medical Education. The CIT(A) considered the business expediency and commercial operations with the assessee business, were the nurses studying in the M/s Global Foundation and Medical Education will be getting practical training in the hospital

Telmos Electronics, Haryana vs. ITO Ward-5, Hisar

In the result, the appeal of the assessee is dismissed

ITA 2807/DEL/2019[2015-16]Status: DisposedITAT Delhi31 Oct 2023AY 2015-16

Bench: Shri Kul Bharat & Shri M.Balaganesh[Assessment Years : 2015-16] Telmos Electronics, Vs Ito, Jindal Chowk, Model Town, Hisar, Ward-5, Haryana-125005. Hisar. Pan-Aacft1673L Appellant Respondent [Assessment Year: 2010-11] Telmos Electronics, Vs Jcit, Jindal Chowk, Model Town, Hisar, Hisar. Haryana-125005. Pan-Aacft1673L Appellant Respondent Appellant By None Respondent By Shri Anuj Garg, Sr.Dr Date Of Hearing 17.10.2023 Date Of Pronouncement 31.10.2023 Order Per Kul Bharat, Jm : Both Appeals Filed By The Assessee Against The Separate Orders Of Ld.Cit(A), Hisar Both Dated 31.12.2018 For The Assessment Years 2015-16 & 2010-11. The Appeals Are Taken Up Together For Hearing & Are Being Disposed Off By Way Of Consolidated Order For The Sake Of Brevity & Convenience.

Section 40A(3)Section 68

quite unsustainable and liable to be quashed on all force. In short at substance the payments were made keeping in view the business expediency & its overall profitability and was made by the appellant as sub-contractor/ agent of the company in order to avoid genuine hardship and to execute ... execution, erection works and job works as sub-contractor/agent of different projects. It is stated that the expenses were incurred owing to business expediency. It is stated that the seller insisted for cash payment for supply of such goods. The assessee has also placed reliance on various case laws

Telmos Electronics, Haryana vs. JCIT, Hisar

In the result, the appeal of the assessee is dismissed

ITA 2655/DEL/2019[2010-11]Status: DisposedITAT Delhi31 Oct 2023AY 2010-11

Bench: Shri Kul Bharat & Shri M.Balaganesh[Assessment Years : 2015-16] Telmos Electronics, Vs Ito, Jindal Chowk, Model Town, Hisar, Ward-5, Haryana-125005. Hisar. Pan-Aacft1673L Appellant Respondent [Assessment Year: 2010-11] Telmos Electronics, Vs Jcit, Jindal Chowk, Model Town, Hisar, Hisar. Haryana-125005. Pan-Aacft1673L Appellant Respondent Appellant By None Respondent By Shri Anuj Garg, Sr.Dr Date Of Hearing 17.10.2023 Date Of Pronouncement 31.10.2023 Order Per Kul Bharat, Jm : Both Appeals Filed By The Assessee Against The Separate Orders Of Ld.Cit(A), Hisar Both Dated 31.12.2018 For The Assessment Years 2015-16 & 2010-11. The Appeals Are Taken Up Together For Hearing & Are Being Disposed Off By Way Of Consolidated Order For The Sake Of Brevity & Convenience.

Section 40A(3)Section 68

quite unsustainable and liable to be quashed on all force. In short at substance the payments were made keeping in view the business expediency & its overall profitability and was made by the appellant as sub-contractor/ agent of the company in order to avoid genuine hardship and to execute ... execution, erection works and job works as sub-contractor/agent of different projects. It is stated that the expenses were incurred owing to business expediency. It is stated that the seller insisted for cash payment for supply of such goods. The assessee has also placed reliance on various case laws