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

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ankita sabharwal

Eecutive

21 Points Posted on 23 October 2013

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

Replies (3)

Deepak Gupta

CA Student

8353 Points Posted on 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;]
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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.
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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.