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GST TERMINOLOGY (PART -3)(Various Persons)

Goods and Services Tax - GST - By: - Dr. Sanjiv Agarwal - Dated:- 13-10-2016 Last Replied Date:- 18-10-2016 - The provisions of model GST law prescribes various types of persons for different purposes and taxation. Some of these are being used for first time. Let's discuss these terms in relation to person or taxable persons in section 2 model GST law, viz, Non-resident taxable person (clause 69) Person (Clause 74) Taxable person (Clause 96) Non-resident taxable person [Section 2(69)] 'N .....

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definition is similar to the meaning of casual taxable person with a difference that transactions may not be in course of or for furtherance of business and he should not have fixed place of business in India. In terms of section 19 read with Schedule-III, non-resident taxable persons, irrespective of the specified threshold exemption are required to be registered. Also, a non-resident taxable person may be granted registration under GST on the basis of any document other than Permanent Account .....

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an exception to rule of PAN for registration. Person [Section 2(74)] 'Person' includes- an individual; a Hindu undivided family; a company; a firm; a Limited Liability Partnership; an association of persons or a body of individuals, whether incorporated or not, in India or outside India; 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); any body corporate incorporated .....

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994. Now, it also includes: limited liability partnership 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); 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. The proposed definition has new entries where public sector undertakings, foreign body co .....

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orate incorporated by or under the laws of a country outside India; a co-operative society registered under any law relating to cooperative societies; a local authority; government; society as defined under the Societies Registration Act, 1860; trust; and every artificial juridical person, not falling within any of the preceding sub-clauses; In terms of section 11 of Indian Contract Act, 1872, every person is competent to contract who is of the age of majority according to the law to which he is .....

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Act, 1994 in relation to minors. Following definitions and judicial interpretations can also be referred to understand the meaning of person - According to Black s Dictionary, person means a human being, an entity (such as corporation that is recognised by law as having the rights and duties of a human being and living body of a human being). According to General Clauses Act, it means a legal entity that is recognised by law as the subject of rights and duties, an individual. The word person in .....

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hip or any public or private body, whether corporate or not, including a state or any of its constituent sub-divisions. [Merchant Shipping Act, 1958] Person includes- (i) an individual, (ii) a Hindu Undivided Family (iii) a company (iv) a firm (v) an association of persons or body of individuals, whether incorporate or not, (vi) a local authority, and (vii) every artificial juridical person, not falling within any of the preceding sub-clauses. [Income Tax Act] Person includes- (i) a firm whether .....

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does not include a local authority. [Voluntary Deposits (Immunities and Exemptions) Act, 1991] So far as legal theory is concerned, a person is any being whom the law regards as capable of rights and duties. Any being that is so capable is a person, whether a human being or not, and no being that is not so capable is a person, even though he be a man. Persons are the substances of which rights and duties are the attributes. It is only in this respect that persons posses juridical significance, a .....

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te, 1956 (9) TMI 57 - PUNJAB & HARYANA HIGH COURT (Constitution of India, Art. 14 The word, person means not duly a natural person, but also a jurisdic or artificial person, Rahmat v. Mandir Shri Laxminiaram, AIR 1976 MP 216, 218. [Madhya Pradesh Land Revenue Code 1859]. The expression person as defined in Section 3(42) of the General Clauses Act (10 of 1897) includes a company or association or body of individuals whether incorporated or not, but the expression person cannot be detached fro .....

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1930 Bombay 431. The word person as understood in its ordinary sense generally implies a natural person and not a person artificial unless there is a provisions made for it either expressly or by necessary implication. Nand Prasad v. Arjun Prasad, 1958 (5) TMI 34 - HIGH COURT OF PATNA . [Companies Act, 1913] Person includes a corporate body. The Collective Farming Society Ltd. v. State of MP, 1973 (10) TMI 52 - MADHYA PRADESH HIGH COURT [Madhya Pradesh Co-op. Societies Act, 1961] a corporate bod .....

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BAD , it was held that a person is a juristic person. To become a person, person includes an association of person or body of individuals, whether incorporated or not. It cannot be said that the units in Special Economic Zones (SEZ) and Domestic Tariff Area (DTA) are separate persons in the eyes of law and can be considered as separate persons. Taxable Person [Section 2(96)] Taxable person has been defined to have a meaning as assigned to it in section 9 of the model law. According to section 9, .....

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worth noting in relation to taxable person - Taxable person in a person who carries on any business. Taxable person may carry such business at any place in India or any state in case of SGST Taxable person should be registered or required to be registered under Schedule-III of the Act. An agriculturist [defined in section 2(8)] is not considered as a taxable person A person should be considered as a taxable person only if his aggregate turnover exceeds ₹ 10 lakh in a financial year [Rs. 5 .....

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ices in relation to statutory functions (pass port, visa, driving license, birth or death certificate; functions under article 243W or 243G of Constitution; health care, education, tax, right to use natural resources, merchant overtime charges, registration under any law; services in relation to diplomatic / consular / emigration / currency / import or export / public order etc. Following persons shall not be considered as taxable persons - person providing services as an employee to his employe .....

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