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TMI Blog"Body corporate" Or "Corporation"X X X X Extracts X X X X X X X X Extracts X X X X ..... 3 or a limited liability partnership as defined in this Act, which the Central Government may, by notification in the Official Gazette, specify in this behalf; Case Laws LLP not a body corporate? - In SRL, it has been held that LLP entity not being 'Body corporate is not liable to pay services tax under reverse charge. There can be surely two views on this issues, a section 3(1) of LLP Act, 2008 itself states that LLP is a body corporate. ( SRL Advisors LLP Vs Commissioner of Central Tax Delhi South Commissionerate - 2021 (7) TMI 1195 - CESTAT New Delhi ) As per legal glossary issued by legislative department - Corporation means : a body corporate legally authorised to act as a single person [art. 19(6)(ii), Const. In Daman Singh- 1985 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rties and rights which are conferred by the Charter constituting it expressly or incidentally. Halsbury 's Laws of England Fifth Edition, Vol. 24 defines the Corporation as follows : 301. Corporations and unincorporated associations. A corporation may be defined as a body of persons (in the case of a corporation aggregate) or an office (in the case of a corporation sole) which is recognised by the law as having a personality which is distinct from the separate personalities of the members of the body or the personality of the individual holder for the time being of the office in question. There are many associations and bodies of persons which are not corporations. Unincorporated associations do not have legal personality, may not sue o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s which the charter of its creation confers upon it, either expressly or as incidental to its very existence. These are such as are supposed best calculated to effect the object for which it was created. Among the most important are immortality, and, if the expression may be allowed, individuality; properties, by which a perpetual succession of many persons are considered as the same, and may act as a single individual. They enable a corporation to manage its own affairs, and to hold property, without the perplexing intricacies, the hazardous and endless necessity, of perpetual conveyances for the purpose of transmitting it from hand to hand. It is chiefly for the purpose of clothing bodies of men, in succession, with these qualities and ca ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Corporations in 17th, 18th and 19th Centuries were far more like the bodies corporate we call public authorities today. In paragraph Nos. 83, 86 and 87 following has been laid down: 83. The chartered corporations of the 17th, 18th and 19th centuries were expected, perhaps required, to perform stated duties to the community like running a ferry, founding a colony or establishing East Indian trade. Performance of these functions and securing whatever revenue the enterprise made to the Crown were the primary reasons why a charter was granted. Corporations in early English law were in fact, and in legal cognizance, a device by which the political State got something done. They were far more like the bodies corporate we call public authorities ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... horities and as such subject to control by Government. One more principle which was reiterated by this Court in above Constitution Bench judgment is that Corporations which are instrumentalities of the Government are subject to the limitation as contained in the Constitution. The Corporations which were under consideration in the above case , namely, Life Insurance Corporation of India, Oil and Natural Gas Commission, Industrial Finance Corporation were held to be constituted within the meaning of Article 12 of the Constitution. Two categories of Corporations have been noticed i.e. statutory corporations and non statutory corporations. Whereas, the statutory corporations owe their existence from by or under statute, non statutory bodies and ..... X X X X Extracts X X X X X X X X Extracts X X X X
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