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ankita sabharwal (Eecutive)     23 October 2013

Meaning of body corporate-service tax modification no.30/12

in Reference to Service Tax Modification no.30/2012

https://www.servicetax.gov.in/notifications/notfns-2012/st30-2012.htm

Under Taxable Services, point (A)(v)

 

(A) (v) provided or agreed to be provided by way of renting of a motor vehicle designed to carry passengers to any person who is not in the similar line of business or supply of manpower for any purpose or service portion in execution of works contract by any individual, Hindu Undivided Family or partnership firm, whether registered or not, including association of persons, located in the taxable territory to a business entity registered as body corporate, located in the taxable territory

What is the meaning of Body Corporate?

Does it include only companies registered under the Companies Act in India or also the proprietors , partnerships, co-op societies etc?

I want to understand who all will be considered as a body corporate.

 

Thanks

Ankita

W



 3 Replies

Deepak Gupta

Deepak Gupta (CA Student)     24 October 2013

As per Rule 2(bc) of Service Tax Rules, 1994, “body corporate” has the meaning assigned to it in clause (7) of section 2 of the Companies Act, 1956.
.
(7) "body corporate" or "corporation" includes a company incorporated outside India but does not include—

(a) a corporation sole;

(b) a co-operative society registered under any law relating to co-operative societies; and

(c) any other body corporate (not being a company as defined in this Act), which the Central Government may, by notification in the Official Gazette, specify in this behalf;]
.
BUT with effect from 12.09.2013, clause 11 of section 2 of Companies Act, 2013 is applicable and clause (7) of section 2 of the Companies Act, 1956, stands cancelled.
.
Now body corporate includes a corporation sole also. Since one person company introduced, hence corporation sole is no more excluded from the definition of body corporate.

PURVI DAGA

PURVI DAGA (Chartered Accountant)     30 December 2016

what about LLP?

Ram Chowdary

Ram Chowdary   29 April 2017

What about Local Authority Like Municipal Corporation?

Does Municipal Corporations Covered under Body Corporate ?

Kindly reply as soon as possible.

Awaiting for your reply


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