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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

ITO, Ward, Rajpura vs. M/S Rajpura Properties, Rajpura

Accordingly, the cash component of Rs.318.40 Lacs was disallowed u/s 40A(3)

ITA 843/CHANDI/2019[2015-16]Status: DisposedITAT Chandigarh17 Sept 2025AY 2015-16

Bench: Hon’Ble Shri Rajpal Yadav & Hon’Ble Shri Manoj Kumar Aggarwal, Am आयकर अपील सं./ Ita No. 843/Chandi/2019 (िनधा"रण वष" / Assessment Year: 2015-16 Ito Ward Rajpura M/S Rajpura Properties बनाम/ 6-A, Guru Nanak Colony 1, Old Mirch Mandi Vs. Rajpura 140401 Mohinder Ganj, Rajpura-140401 "थायीलेखासं./जीआइआरसं./Pan/Gir No. Aarfr-3900-K (अपीलाथ"/Appellant) (""थ" / Respondent) : अपीलाथ"कीओरसे/ Appellant By : Smt. Kusum Bansal (Cit)(Virtual) – Ld. Dr ""थ"कीओरसे/Respondent By : Shri Parikshit Aggarwal (Ca) - Ld. Ar सुनवाईकीतारीख/Date Of Hearing : 08-09-2025 घोषणाकीतारीख /Date Of Pronouncement : 17-09-2025 आदेश / O R D E R Manoj Kumar Aggarwal () 1. Aforesaid Appeal By Revenue For Assessment Year (Ay) 2015-16 Arises Out Of An Order Of Learned Commissioner Of Income Tax (Appeals), Patiala [Cit(A)] Dated 12-03-2019 In The Matter Of An Assessment Framed By Ld. Assessing Officer [Ao] U/S. 143(3) Of The Act On 29-12-2017. The Sole Grievance Of The Revenue Is Deletion Of Addition Of Rs.318.40 Lacs As Made By Ld. Ao Invoking The Provisions Of Sec.40A(3) Which Denies Deduction Of Expenditure To The Assessee

For Appellant: Smt. Kusum Bansal (CIT)(Virtual) – Ld. DRFor Respondent: Shri Parikshit Aggarwal (CA) - Ld. AR
Section 143(3)Section 40A(3)

assessee 3 AY: 2015-16 other than agreeing to the demand of the seller. Hence, the payment was made due to business expediency. The assessee also stated that originally the land was purchased for investment purposes, but later on, as the market went down drastically by the end of calendar ... Reliance was placed on second proviso to Sec. 40A(3), which, inter-alia, provided that no disallowance would made on account of consideration of business expediency and other relevant factors. Reference was also made to various judicial decisions to oppose the proposed disallowance. The assessee also stated that the payment

Seema, Lucknow vs. Income Tax Officer-4(4), Lucknow

In the result, the appeal of the assessee is allowed for statistical purposes

ITA 255/LKW/2025[2016-17]Status: DisposedITAT Lucknow29 Aug 2025AY 2016-17

Bench: Sh. Sudhanshu Srivastava & Sh. Nikhil Choudharya.Y. 2016-17 Seema, Vs. Income Tax Officer-4(4), 349/276, Suppa House, Bazar Lucknow New Khala, Lucknow-226004 Pan:Ftyps6815K (Appellant) (Respondent) Assessee By: Sh. Saurabh Gupta, C.A. Revenue By: Sh. R.K. Agarwal, Cit Dr Date Of Hearing: 30.07.2025 Date Of Pronouncement: 29.08.2025 O R D E R Per Nikhil Choudhary, A.M.: This Is An Appeal Filed By The Assessee Against The Orders Of The Ld. Cit(A), Nfac Under Section 250 Of The Income Tax Act, 1961 On 14.09.2023, Dismissing The Appeal Of The Assessee, Filed Against The Orders Of The Ld. Ao Passed Under Section 143(3), On 11.12.2018. The Grounds Of Appeal Are As Under:- “1. That On The Facts & Circumstances Of The Case, The Order U/S 250 Passed By The Learned Commissioner Of Income Tax, (Appeals) Nfac Was Passed Without Providing Proper Opportunity To The Appellant, Which Is Against The Principles Of Natural Justice & Therefore, The Same Is Void Ab- Initio & Bad In Law. 2. That The Learned Commissioner Of Income Tax (Appeals) Nfac Has Erred In Law & On Facts & Circumstances Of The Case In Confirming The Disallowance Made By The Ld Assessing Officer U/S 40(A)(3) Of The Act Amounting To Rs 3,01,36,682/- Without Appreciating The Material On Record & The Facts Of The Case. 3. That The Learned Commissioner Of Income Tax (Appeals) Nfac Has Erred In Law & On Facts & Circumstances Of The Case In Confirming The Disallowance Under Section 40A(3) Without Giving Due Weightage To The Totality Of The Circumstances & Considerations Of Business Expediency Existing In The Present Case As Contemplated In Section 40A(3) Of The Act.

For Appellant: Sh. Saurabh Gupta, C.AFor Respondent: Sh. R.K. Agarwal, CIT DR
Section 143(3)Section 250Section 40Section 40A(3)

case in confirming the disallowance under Section 40A(3) without giving due weightage to the totality of the circumstances and considerations of business expediency existing in the present case as contemplated in Section 40A(3) of the Act. 1 A.Y. 2016-17 Seema 4. That the order passed ... disallowance had been made/confirmed without appreciating the materials on record and without giving due weightage to the totality of circumstances and the conditions of business expediency existing in the present case, as already 3 A.Y. 2016-17 Seema contemplated in section 4A(3) of the Act. It was therefore, prayed