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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

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

In the result, all In the result, all the three appeals of the Revenue are the three appeals of the Revenue are dismissed

ITA 2512/MUM/2021[2018-19]Status: DisposedITAT Mumbai28 Sept 2022AY 2018-19

Bench: Shri Om Prakash Kant () & Ms Kavitha Rajagopal () Assessment Year: 2016-17 & Assessment Year: 2017-18 & Assessment Year: 2018-19 Asstt. Commissioner Of Income M/S Shoppers Stop Limited, Tax, Central Circle-4(2), 5Th Floor, Umanag Tower, Room No. 1918, 19Th Floor, Air Vs. Malad Link Road, Mindspace, India Building, Nariman Point, Malad (West), Mumbai-400021. Mumbai-400064. Pan No. Aabcs 4383 A Appellant Respondent Revenue By : Mr. Kailash Kanojia, Cit-Dr Assessee By : Ms. Aarti Sathe & Aasavari Kadam, Ars Date Of Hearing : 23/08/2022 Date Of Pronouncement : 28/09/2022

For Appellant: Ms. Aarti Sathe &For Respondent: Mr. Kailash Kanojia, CIT-DR

which falls the assessee advanced the money to its subsidiary, which falls the assessee advanced the money to its subsidiary, which falls under the business expediency. Therefore, in the present case under the business expediency. Therefore, in the present case under the business expediency. Therefore, in the present case that ... made advances to its subsidiary for business assessee has made advances to its subsidiary for business assessee has made advances to its subsidiary for business expediency. Therefore, considering the decision of Hon'ble expediency. Therefore, considering the decision of Hon'ble expediency. Therefore, considering the decision of Hon'ble Supreme

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

In the result, all In the result, all the three appeals of the Revenue are the three appeals of the Revenue are dismissed

ITA 2509/MUM/2021[2017-18]Status: DisposedITAT Mumbai28 Sept 2022AY 2017-18

Bench: Shri Om Prakash Kant () & Ms Kavitha Rajagopal () Assessment Year: 2016-17 & Assessment Year: 2017-18 & Assessment Year: 2018-19 Asstt. Commissioner Of Income M/S Shoppers Stop Limited, Tax, Central Circle-4(2), 5Th Floor, Umanag Tower, Room No. 1918, 19Th Floor, Air Vs. Malad Link Road, Mindspace, India Building, Nariman Point, Malad (West), Mumbai-400021. Mumbai-400064. Pan No. Aabcs 4383 A Appellant Respondent Revenue By : Mr. Kailash Kanojia, Cit-Dr Assessee By : Ms. Aarti Sathe & Aasavari Kadam, Ars Date Of Hearing : 23/08/2022 Date Of Pronouncement : 28/09/2022

For Appellant: Ms. Aarti Sathe &For Respondent: Mr. Kailash Kanojia, CIT-DR

which falls the assessee advanced the money to its subsidiary, which falls the assessee advanced the money to its subsidiary, which falls under the business expediency. Therefore, in the present case under the business expediency. Therefore, in the present case under the business expediency. Therefore, in the present case that ... made advances to its subsidiary for business assessee has made advances to its subsidiary for business assessee has made advances to its subsidiary for business expediency. Therefore, considering the decision of Hon'ble expediency. Therefore, considering the decision of Hon'ble expediency. Therefore, considering the decision of Hon'ble Supreme

ACIT CC-4(2), Mumbai vs. M/S Shoppers Stop Limited, Mumbai

In the result, all In the result, all the three appeals of the Revenue are the three appeals of the Revenue are dismissed

ITA 2508/MUM/2021[2016-17]Status: DisposedITAT Mumbai28 Sept 2022AY 2016-17

Bench: Shri Om Prakash Kant () & Ms Kavitha Rajagopal () Assessment Year: 2016-17 & Assessment Year: 2017-18 & Assessment Year: 2018-19 Asstt. Commissioner Of Income M/S Shoppers Stop Limited, Tax, Central Circle-4(2), 5Th Floor, Umanag Tower, Room No. 1918, 19Th Floor, Air Vs. Malad Link Road, Mindspace, India Building, Nariman Point, Malad (West), Mumbai-400021. Mumbai-400064. Pan No. Aabcs 4383 A Appellant Respondent Revenue By : Mr. Kailash Kanojia, Cit-Dr Assessee By : Ms. Aarti Sathe & Aasavari Kadam, Ars Date Of Hearing : 23/08/2022 Date Of Pronouncement : 28/09/2022

For Appellant: Ms. Aarti Sathe &For Respondent: Mr. Kailash Kanojia, CIT-DR

which falls the assessee advanced the money to its subsidiary, which falls the assessee advanced the money to its subsidiary, which falls under the business expediency. Therefore, in the present case under the business expediency. Therefore, in the present case under the business expediency. Therefore, in the present case that ... made advances to its subsidiary for business assessee has made advances to its subsidiary for business assessee has made advances to its subsidiary for business expediency. Therefore, considering the decision of Hon'ble expediency. Therefore, considering the decision of Hon'ble expediency. Therefore, considering the decision of Hon'ble Supreme

M/S. Pvp Ventures Ltd., Chennai vs. DCIT, Chennai

In the result, appeal filed by the assessee in ITA

ITA 3205/CHNY/2016[2012-13]Status: DisposedITAT Chennai21 Sept 2022AY 2012-13

Bench: Shri V. Durga Rao, Hon’Ble & Shri G. Manjunatha, Hon’Bleआयकरअपीलसं./Ita Nos.3201-3202, 3203-3204 & 3205/Chny/2016 िनधा"रणवष"/Assessment Years: 2009-10, 2010-11 & 2012-13 M/S.Pvp Ventures Ltd., V. The Dy. Commissioner- Krm Centre, 9Th Floor, Of Income Tax, No.2, Harrington Road, Corporate Circle-5(2), Chennai-600 031. Chennai. [Pan:Aaacs 3101 P] (अपीलाथ"/Appellant) (""यथ"/Respondent) आयकरअपीलसं./Ita No.18/Chny/2017 िनधा"रणवष"/Assessment Year: 2010-11 The Dy. Commissioner Of Income- V. M/S.Pvp Ventures Ltd., Krm Centre, 9Th Floor, Tax, Corporate Circle-5(2), No.2, Harrington Road, Chennai. Chennai-600 031. [Pan: Aaacs 3101 P] (अपीलाथ"/Appellant) (""यथ"/Respondent)

For Appellant: Mr.B. Ramakrishnan, CAFor Respondent: Dr.S.Palanikumar, CIT-DR
Section 143(3)Section 147Section 36(1)(iii)

that loans borrowed from banks and financial institutions have been given to subsidiary companies, for business purpose and thus, argued that there is a business expediency in extending loans to subsidiary companies. Because, the assessee has derived business advantage from extending loans and thus, question of disallowance of interest expenditure ... from banks and financial institutions and advanced interest free loans to subsidiary companies and associate concerns. Although, the assessee claims that there is a business expediency in advancing loans and advances to subsidiary companies and associate concerns, but, on perusal of financial statements filed by the assessee, we find that

M/S. Pvp Ventures Ltd., Chennai vs. DCIT, Chennai

In the result, appeal filed by the assessee in ITA

ITA 3203/CHNY/2016[2010-11]Status: DisposedITAT Chennai21 Sept 2022AY 2010-11

Bench: Shri V. Durga Rao, Hon’Ble & Shri G. Manjunatha, Hon’Bleआयकरअपीलसं./Ita Nos.3201-3202, 3203-3204 & 3205/Chny/2016 िनधा"रणवष"/Assessment Years: 2009-10, 2010-11 & 2012-13 M/S.Pvp Ventures Ltd., V. The Dy. Commissioner- Krm Centre, 9Th Floor, Of Income Tax, No.2, Harrington Road, Corporate Circle-5(2), Chennai-600 031. Chennai. [Pan:Aaacs 3101 P] (अपीलाथ"/Appellant) (""यथ"/Respondent) आयकरअपीलसं./Ita No.18/Chny/2017 िनधा"रणवष"/Assessment Year: 2010-11 The Dy. Commissioner Of Income- V. M/S.Pvp Ventures Ltd., Krm Centre, 9Th Floor, Tax, Corporate Circle-5(2), No.2, Harrington Road, Chennai. Chennai-600 031. [Pan: Aaacs 3101 P] (अपीलाथ"/Appellant) (""यथ"/Respondent)

For Appellant: Mr.B. Ramakrishnan, CAFor Respondent: Dr.S.Palanikumar, CIT-DR
Section 143(3)Section 147Section 36(1)(iii)

that loans borrowed from banks and financial institutions have been given to subsidiary companies, for business purpose and thus, argued that there is a business expediency in extending loans to subsidiary companies. Because, the assessee has derived business advantage from extending loans and thus, question of disallowance of interest expenditure ... from banks and financial institutions and advanced interest free loans to subsidiary companies and associate concerns. Although, the assessee claims that there is a business expediency in advancing loans and advances to subsidiary companies and associate concerns, but, on perusal of financial statements filed by the assessee, we find that

M/S. Pvp Ventures Ltd., Chennai vs. DCIT, Chennai

In the result, appeal filed by the assessee in ITA

ITA 3202/CHNY/2016[2009-10]Status: DisposedITAT Chennai21 Sept 2022AY 2009-10

Bench: Shri V. Durga Rao, Hon’Ble & Shri G. Manjunatha, Hon’Bleआयकरअपीलसं./Ita Nos.3201-3202, 3203-3204 & 3205/Chny/2016 िनधा"रणवष"/Assessment Years: 2009-10, 2010-11 & 2012-13 M/S.Pvp Ventures Ltd., V. The Dy. Commissioner- Krm Centre, 9Th Floor, Of Income Tax, No.2, Harrington Road, Corporate Circle-5(2), Chennai-600 031. Chennai. [Pan:Aaacs 3101 P] (अपीलाथ"/Appellant) (""यथ"/Respondent) आयकरअपीलसं./Ita No.18/Chny/2017 िनधा"रणवष"/Assessment Year: 2010-11 The Dy. Commissioner Of Income- V. M/S.Pvp Ventures Ltd., Krm Centre, 9Th Floor, Tax, Corporate Circle-5(2), No.2, Harrington Road, Chennai. Chennai-600 031. [Pan: Aaacs 3101 P] (अपीलाथ"/Appellant) (""यथ"/Respondent)

For Appellant: Mr.B. Ramakrishnan, CAFor Respondent: Dr.S.Palanikumar, CIT-DR
Section 143(3)Section 147Section 36(1)(iii)

that loans borrowed from banks and financial institutions have been given to subsidiary companies, for business purpose and thus, argued that there is a business expediency in extending loans to subsidiary companies. Because, the assessee has derived business advantage from extending loans and thus, question of disallowance of interest expenditure ... from banks and financial institutions and advanced interest free loans to subsidiary companies and associate concerns. Although, the assessee claims that there is a business expediency in advancing loans and advances to subsidiary companies and associate concerns, but, on perusal of financial statements filed by the assessee, we find that

M/S. Pvp Ventures Ltd., Chennai vs. DCIT, Chennai

In the result, appeal filed by the assessee in ITA

ITA 3201/CHNY/2016[2009-10]Status: DisposedITAT Chennai21 Sept 2022AY 2009-10

Bench: Shri V. Durga Rao, Hon’Ble & Shri G. Manjunatha, Hon’Bleआयकरअपीलसं./Ita Nos.3201-3202, 3203-3204 & 3205/Chny/2016 िनधा"रणवष"/Assessment Years: 2009-10, 2010-11 & 2012-13 M/S.Pvp Ventures Ltd., V. The Dy. Commissioner- Krm Centre, 9Th Floor, Of Income Tax, No.2, Harrington Road, Corporate Circle-5(2), Chennai-600 031. Chennai. [Pan:Aaacs 3101 P] (अपीलाथ"/Appellant) (""यथ"/Respondent) आयकरअपीलसं./Ita No.18/Chny/2017 िनधा"रणवष"/Assessment Year: 2010-11 The Dy. Commissioner Of Income- V. M/S.Pvp Ventures Ltd., Krm Centre, 9Th Floor, Tax, Corporate Circle-5(2), No.2, Harrington Road, Chennai. Chennai-600 031. [Pan: Aaacs 3101 P] (अपीलाथ"/Appellant) (""यथ"/Respondent)

For Appellant: Mr.B. Ramakrishnan, CAFor Respondent: Dr.S.Palanikumar, CIT-DR
Section 143(3)Section 147Section 36(1)(iii)

that loans borrowed from banks and financial institutions have been given to subsidiary companies, for business purpose and thus, argued that there is a business expediency in extending loans to subsidiary companies. Because, the assessee has derived business advantage from extending loans and thus, question of disallowance of interest expenditure ... from banks and financial institutions and advanced interest free loans to subsidiary companies and associate concerns. Although, the assessee claims that there is a business expediency in advancing loans and advances to subsidiary companies and associate concerns, but, on perusal of financial statements filed by the assessee, we find that

ACIT 1 (1)(1), Mumbai vs. M/S Dosti Realty Ltd., Mumbai

In the result, the appeal filed by the revenue is dismissed

ITA 7374/MUM/2019[2014-15]Status: DisposedITAT Mumbai06 Sept 2022AY 2014-15

Bench: Shr Pramod Kumar, Vp & Shri Amit Shukla, Jm आयकरअपीलसं./ I.T.A. No. 7374/Mum/2019 (निर्धारणवर्ा / Assessment Year: 2014-15) Asst. Commissioner Of M/S Dosti Realty Ltd. (Formally Known As Friends Income Tax-1(1)(1), Development Corporation 579,Ayankar Bhavan, M.K बिधम/ (Imperia) Pvt. Ltd. Road, Mumbai-400020, 276,1St Floor, Lawrence & Vs. Mayo House, Mumbai - 400001, स्थायीलेखासं./जीआइआरसं./ Pan No Aabcf5801A (अपीलाथी/Appellant) (प्रत्यथी / Respondent) : अपीलाथीकीओरसे/ Appellant By : Shri P.R. Rastogi, Ld. Dr प्रत्यथीकीओरसे/Respondent By : Shri Dr.K.Shivaram & Rahul Hakani, Ld. Ar सुनवाईकीतारीख/ : 14.06.2022 Date Of Hearing घोषणाकीतारीख / : 06.09.2022 Date Of Pronouncement आदेश / O R D E R Per Amit Shukla: The Aforesaid Appeal Has Been Filed By The Revenue Against Order Dated 19.09.2019, Passed By Ld. Cit (Appeals)-2, Mumbai For The Quantum Of Assessment Passed U/S 143(3) For Ay 2014-2015. The Revenue Has Raised The Following Grounds:-

For Appellant: Shri P.R. Rastogi, Ld. DRFor Respondent: Shri Dr.K.Shivaram & Rahul
Section 143(3)Section 36(1)(iii)

after considering the entire submission and agreement, Ld. CIT(a) has allowed the same as business expenditure on account of commercial and business expediency. The relevant finding of Ld. CIT(A) reads as under:- 6.3.1 I find that both the appellant and Adrika are in the business of "real estate ... respect of the business expenditure as the advance was given to fellow subsidiary, also engaged in the business of real estate development, out of business expediency, in view of the decision of the Hon'ble Supreme Court in the case of S A Builders Ltd vs. CIT288

DCIT Cent. Cir-4(2), Mumbai vs. M/S. K. Raheja Pvt. Ltd, Mumbai

In the result, the appeal of the assessee is allowed and the appeal of the Revenue stands dismissed

ITA 2218/MUM/2021[2018-19]Status: DisposedITAT Mumbai03 Aug 2022AY 2018-19

Bench: Shri Aby T. Varkey, Jm & Shri Om Prakash Kant, Am आयकर अपील सं/ I.T.A. No.1970/Mum/2021 (निर्धारण वर्ा / Assessment Year:2018-19) K. Raheja Pvt. Ltd. बिधम/ Dcit Central Circle-4(2) Raheja Tower, Plot No. C- Room No.1918, Air India Vs. 30, Oppo. Sidbi, Bandra Building, Nariman Point- Kurla Complex, Bandra (E), 400021. Mumbai-400051. आयकर अपील सं/ I.T.A. No. 2218/Mum/2021 (निर्धारण वर्ा / Assessment Year:2018-19) Dcit Central Circle-4(2) बिधम/ K. Raheja Pvt. Ltd. Room No.1918, Air India Raheja Tower, Plot No. C-30, Vs. Building, Nariman Point- Oppo. Sidbi, Bandra Kurla 400021. Complex, Bandra (E), Mumbai-400051. स्थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aaack1949H (अपीलाथी /Appellant) .. (प्रत्यथी / Respondent) Assessee By: Shri Vijay Mehta Revenue By: Smt. Neelam Shukla (Dr) सुनवाई की तारीख / Date Of Hearing: 17/06/2022 घोषणा की तारीख /Date Of Pronouncement: 03/08/2022 आदेश / O R D E R Per Aby T. Varkey, Jm: These Are Cross Appeals Preferred By The Assessee & The Revenue Against The Order Of The Ld. Cit(A)-52, Mumbai Dated 08.09.2021 For The A.Y.2018-19. 2. The Grounds Of Appeal Raised By The Assessee Are As Under: -

For Appellant: Shri Vijay MehtaFor Respondent: Smt. Neelam Shukla (DR)
Section 132Section 132(4)Section 139(1)Section 14A

profits. It is by now well settled in law that, the Revenue cannot step into the shoes of the businessman for determining reasonableness and business expediency. Hence, the Ld. DR could not have questioned the necessity, purpose and manner of raising of funds by the assessee, in the form ... this nature is treated 'business expenditure' per se by the Department itself, there cannot be any question of raising the issue of want of business expediency. The learned counsel for the respondent is right in his submission that the Department could not sit on the armchair of the assessee