Query: Is there any difference in the scope of “person” as per GST Act and Finance Act, 1994?
Answer: The scope of definition of “Person” u/s 2(73) of Revised Model GST Law is proposed to include:
- Limited Liability Partenership
- Any Corporation established by or under any Central, State or Provincial Act or a government company as defined in Sec 2(45) of Companies Act, 2013
- Any body corporate incorporated by or under the laws of a country outside India (foreign company or body corporate)
- Trust
- Association of persons/body of individuals outside India
| Income Tax Act – Section 2(31) | Revised Model GST Law –Nov 2016 – Section 2(73) |
| “person includes— (i) an individual (ii) a Hindu undivided family, (iii) a company, (iv) a firm, (v) an association of persons or a body of individuals , whether incorporated or not, (vi) a local authority, and (vii) every artificial juridical person, not falling within any of the preceding sub-clauses.
[Explanation.—For the purposes of this clause, an association of persons or a body of individuals or a local authority or an artificial juridical person shall be deemed to be a person, whether or not such person or body or authority or juridical person was formed or esta-blished or incorporated with the object of deriving income, profits or gains;]
| “person” includes— (a) an individual; (b) a Hindu undivided family; (c) a company; (d) a firm; (e) a Limited Liability Partnership; (f) an association of persons or a body of individuals, whether incorporated or not, in India or outside India; (g) any corporation established by or under any Central, State or Provincial Act or a Government company as defined in section 2(45) of the Companies Act, 2013 (18 of 2013); (h) any body corporate incorporated by or under the laws of a country outside India; (i) a co-operative society registered under any law relating to cooperative societies; (j) a local authority; (k) government; (l) society as defined under the Societies Registration Act, 1860 (21 of 1860); (m) trust; and (n) every artificial juridical person, not falling within any of the preceding sub-clauses;
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