What is Khoday Distilleries Ltd. v. State of Karnataka authority for?

A 'trade' is primarily defined as the exchange of goods for goods or money, and secondarily as a business carried on with a view to profit. The term 'business' is more comprehensive than 'trade', encompassing manufacturing activities.

How many judgments cite Khoday Distilleries Ltd. v. State of Karnataka?

123 judgments on BharatTax cite Khoday Distilleries Ltd. v. State of Karnataka (10 SCC 304), spanning 2015 to 2025.

Khoday Distilleries Ltd. v. State of Karnataka (10 SCC 304)

BHARAT DIAMOND BOURSE,MUMBAI vs. DCIT (E)- 1(1), MUMBAI

In the result, appeal is allowed

ITA 2219/MUM/2024[2009-2010]Status: DisposedITAT Mumbai12 Mar 2025AY 2009-2010

Section 2(15)Section 45(1)Section 6

…21) With this in mind, it is to be seen as to what is meant by the expressions \"trade\", \"commerce\" or \"business\". The word \"trade\" was considered by the Supreme Court in its decision in the case of Khoday Distilleries Ltd. v. State of Karnataka [1995] 1 SCC 574, whereby the Supreme Court held that \"the primary meaning of the word 'trade' is the exchange of goods for goods or goods for money\".\nFurthermore, in State of Andhra Pradesh v. H. Abdul Bakhí & Bros. [1964] 5 STC 644 (SC), the Supreme Court held that \"the word 'business' was of indefinite import and in a taxing statute, it is used in the sense…

ASSISTANT COMMISSIONER OF INCOME TAX (EXEMPTIONS) vs. AHMEDABAD URBAN DEVELOPMENT AUTHORITY

C.A. No.-021762-021762 - 2017Supreme Court19 Oct 2022

Bench: HON'BLE THE CHIEF JUSTICE

…the entity is primarily set up for the charitable purpose, i.e., to carry on activities for the advancement of general public utility, but it also carries activities that 35 1999 (4) SCC 599 (hereafter “UCO Bank Calcutta”) 36 1968 SCR (2) 636 37 (1995) 1 SCC 574 38 (1967) 1 SCR 618 32 generate surplus or money, they cannot be per se excluded from consideration for tax benefit. 47. Learned Senior Counsel Mr. Kavin Gulati argued for NOIDA and relied upon the Constitution Bench judgment of this court in Commissioner of Central Excise, Bolpur v. Ratan Melting and Wire Industries39 to urge that a cir…

M/S. DAKSHINA KANNADA NIRMITHI KENDRA,MANGALURU vs. THE DEPUTY COMMISSIONER OF INCOME TAX (EXEMPTIONS), CIRCLE -1, MANGALURU

In the result, all appeals filed by the assessees in all the assessees’ appeals are dismissed except for assessment year

ITA 948/BANG/2019[2016-17]Status: DisposedITAT Bangalore16 Jun 2022AY 2016-17

Bench: Shri Chandra Poojari & Shri George George K.Assessment Year: 2013-14

For Appellant: Shri Tata Krishna, A.RFor Respondent: Smt. Priyadarshini Basaganni, D.R

Section 11Section 143(2)Section 2Section 2(15)

…they merely lay down that for the purpose of the Income-tax Acts, there is no single, decisive or "crucial" test to determine whether the taxpayer exercises trade at a given place". The Supreme Court in Khoday Distilleries Ltd. vs. State of Karnataka [1995] 1 SCC 574 was of the opinion: "68. There is no doubt that the word 'business' is more comprehensive than the word 'trade' since it will include manufacture which the word 'trade' may not ordinarily include. The primary meaning of the word 'trade' is the exchange of goods for goods or goods for money. However, the word 'trade' has also ITA No.947&948 /Bang/2…

M/S. UDUPI NIRMITHI KEDRA,UDUPI vs. THE DEPUTY COMMISSIONER OF INCOME TAX (EXEMPTIONS), CIRCLE - 1, MANGALURU

In the result, all appeals filed by the assessees in all the assessees’ appeals are dismissed except for assessment year

ITA 947/BANG/2019[2016-17]Status: DisposedITAT Bangalore16 Jun 2022AY 2016-17

Bench: Shri Chandra Poojari & Shri George George K.Assessment Year: 2013-14

For Appellant: Shri Tata Krishna, A.RFor Respondent: Smt. Priyadarshini Basaganni, D.R

Section 11Section 143(2)Section 2Section 2(15)

…they merely lay down that for the purpose of the Income-tax Acts, there is no single, decisive or "crucial" test to determine whether the taxpayer exercises trade at a given place". The Supreme Court in Khoday Distilleries Ltd. vs. State of Karnataka [1995] 1 SCC 574 was of the opinion: "68. There is no doubt that the word 'business' is more comprehensive than the word 'trade' since it will include manufacture which the word 'trade' may not ordinarily include. The primary meaning of the word 'trade' is the exchange of goods for goods or goods for money. However, the word 'trade' has also ITA No.947&948 /Bang/2…

DAKSHINA KANNADA NIRMITHI KENDRA ,MANGALURU vs. ASSISTANT COMMISSIONER OF INCOME TAX, (EXEMPTIONS), CIRCLE-1,, MANGALURU

In the result, all appeals filed by the assessees in all the assessees’ appeals are dismissed except for assessment year

ITA 2089/BANG/2018[2013-14]Status: DisposedITAT Bangalore16 Jun 2022AY 2013-14

Bench: Shri Chandra Poojari & Shri George George K.Assessment Year: 2013-14

For Appellant: Shri Tata Krishna, A.RFor Respondent: Smt. Priyadarshini Basaganni, D.R

Section 11Section 143(2)Section 2Section 2(15)

…they merely lay down that for the purpose of the Income-tax Acts, there is no single, decisive or "crucial" test to determine whether the taxpayer exercises trade at a given place". The Supreme Court in Khoday Distilleries Ltd. vs. State of Karnataka [1995] 1 SCC 574 was of the opinion: "68. There is no doubt that the word 'business' is more comprehensive than the word 'trade' since it will include manufacture which the word 'trade' may not ordinarily include. The primary meaning of the word 'trade' is the exchange of goods for goods or goods for money. However, the word 'trade' has also ITA No.947&948 /Bang/2…

DAKSHINA KANNADA NIRMITHI KENDRA ,MANGALURU vs. INCOME TAX OFFICER, WARD 1(1),, MANGALURU

In the result, all appeals filed by the assessees in all the assessees’ appeals are dismissed except for assessment year

ITA 2088/BANG/2018[2012-13]Status: DisposedITAT Bangalore16 Jun 2022AY 2012-13

Bench: Shri Chandra Poojari & Shri George George K.Assessment Year: 2013-14

For Appellant: Shri Tata Krishna, A.RFor Respondent: Smt. Priyadarshini Basaganni, D.R

Section 11Section 143(2)Section 2Section 2(15)

…they merely lay down that for the purpose of the Income-tax Acts, there is no single, decisive or "crucial" test to determine whether the taxpayer exercises trade at a given place". The Supreme Court in Khoday Distilleries Ltd. vs. State of Karnataka [1995] 1 SCC 574 was of the opinion: "68. There is no doubt that the word 'business' is more comprehensive than the word 'trade' since it will include manufacture which the word 'trade' may not ordinarily include. The primary meaning of the word 'trade' is the exchange of goods for goods or goods for money. However, the word 'trade' has also ITA No.947&948 /Bang/2…

DAKSHINA KANNADA NIRMITHI KENDRA ,MANGALURU vs. INCOME TAX OFFICER, WARD 1(1),, MANGALURU

In the result, all appeals filed by the assessees in all the assessees’ appeals are dismissed except for assessment year

ITA 2087/BANG/2018[2011-12]Status: DisposedITAT Bangalore16 Jun 2022AY 2011-12

Bench: Shri Chandra Poojari & Shri George George K.Assessment Year: 2013-14

For Appellant: Shri Tata Krishna, A.RFor Respondent: Smt. Priyadarshini Basaganni, D.R

Section 11Section 143(2)Section 2Section 2(15)

…they merely lay down that for the purpose of the Income-tax Acts, there is no single, decisive or "crucial" test to determine whether the taxpayer exercises trade at a given place". The Supreme Court in Khoday Distilleries Ltd. vs. State of Karnataka [1995] 1 SCC 574 was of the opinion: "68. There is no doubt that the word 'business' is more comprehensive than the word 'trade' since it will include manufacture which the word 'trade' may not ordinarily include. The primary meaning of the word 'trade' is the exchange of goods for goods or goods for money. However, the word 'trade' has also ITA No.947&948 /Bang/2…

DAKSHINA KANNADA NIRMITHI KENDRA ,MANGALURU vs. INCOME TAX OFFICER, WARD 1(1),, MANGALURU

In the result, all appeals filed by the assessees in all the assessees’ appeals are dismissed except for assessment year

ITA 2086/BANG/2018[2010-11]Status: DisposedITAT Bangalore16 Jun 2022AY 2010-11

Bench: Shri Chandra Poojari & Shri George George K.Assessment Year: 2013-14

For Appellant: Shri Tata Krishna, A.RFor Respondent: Smt. Priyadarshini Basaganni, D.R

Section 11Section 143(2)Section 2Section 2(15)

…they merely lay down that for the purpose of the Income-tax Acts, there is no single, decisive or "crucial" test to determine whether the taxpayer exercises trade at a given place". The Supreme Court in Khoday Distilleries Ltd. vs. State of Karnataka [1995] 1 SCC 574 was of the opinion: "68. There is no doubt that the word 'business' is more comprehensive than the word 'trade' since it will include manufacture which the word 'trade' may not ordinarily include. The primary meaning of the word 'trade' is the exchange of goods for goods or goods for money. However, the word 'trade' has also ITA No.947&948 /Bang/2…

M/S. UDUPI NIRMITHI KENDRA,UDUPI vs. ASSISTANT COMMISSIONER OF INCOME TAX, (EXEMPTIONS) CIRCLE-1, MANGALORE

In the result, all appeals filed by the assessees in all the assessees’ appeals are dismissed except for assessment year

ITA 1962/BANG/2018[2013-14]Status: DisposedITAT Bangalore16 Jun 2022AY 2013-14

Bench: Shri Chandra Poojari & Shri George George K.Assessment Year: 2013-14

For Appellant: Shri Tata Krishna, A.RFor Respondent: Smt. Priyadarshini Basaganni, D.R

Section 11Section 143(2)Section 2Section 2(15)

…they merely lay down that for the purpose of the Income-tax Acts, there is no single, decisive or "crucial" test to determine whether the taxpayer exercises trade at a given place". The Supreme Court in Khoday Distilleries Ltd. vs. State of Karnataka [1995] 1 SCC 574 was of the opinion: "68. There is no doubt that the word 'business' is more comprehensive than the word 'trade' since it will include manufacture which the word 'trade' may not ordinarily include. The primary meaning of the word 'trade' is the exchange of goods for goods or goods for money. However, the word 'trade' has also ITA No.947&948 /Bang/2…

DCIT (E) 2(1), MUMBAI vs. MUMBAI RAILWAY VIKAS CORPN LTD, MUMBAI

In the result, all the Four appeals filed by the revenue and four cross objections filed by the assessee are dismissed

ITA 2877/MUM/2019[2009-10]Status: DisposedITAT Mumbai29 Jan 2021AY 2009-10

Bench: Shri Rajesh Kumar & Shri Pavan Kumar Gadale

For Appellant: Shri T. Kipgan, CIT-DR

Section 11Section 143(3)Section 2Section 2(15)Section 25Section 617

…business as occurring in the first proviso to Section 2(15) of the Act, few decisions of the Hon'ble Supreme Court as well as other High Courts are required to be referred to at this stage. In the case of Khoday Distilleries Ltd. v. State of Karnataka [1995] 1 SCC 574, the Hon'ble Supreme Court had an occasion to consider the word "trade". In the said decision, the Hon'ble Supreme Court has held that "the primary meaning of the word "trade" is the exchange of goods for goods or goods for money". In the case of State of Andhra Pradesh v. Abdul Bakhi and Bros. [1964] 5 STC 644 (SO while considering the word "busi…