Page 102 - GSTL_18th June 2020_Vol 37_Part 3

316 GST LAW TIMES [ Vol. 37
Further, the word “Body Corporate” was defined under Section 65(14) of Finance
Act, 2014 which reads as under :-
Section 65(14)
“body corporate” has the meaning assigned to it in clause (7) of Section 2 of
the Companies Act, 1956 (1 of 1956)”;
The Finance Act, 1994 was restructured and Section 65 was omitted vide Ntfn.
No. 20/2012 S.T., dated 5-6-2012 w.e.f. 1-7-2012. There is no definition in body
corporate given in the Finance Act, 1994 w.e.f. 1-7-2012. The Companies Act, 1956
was replaced by Companies Act, 2013.
The [Section] 2(11) of Companies Act, 2013 define the word “body corporate” as
under :-
Section 2(11)
“body corporate” or “corporation” includes a company incorporated out-
side India, but does not include —
(i) a co-operative society registered under any law relating to co-
operative societies; and
(ii) any other body corporate (not being a company as defined in
this Act), which the Central Government may, by notification,
specify in this behalf;
This definition is wider definition and only limit is the two exclusions mentioned
therein. None of the entity is to whom services were provided fall under these
two exceptions/exclusions.
The Improvement Trust are “Body Corporate” as per Section 3 of 'The
Punjab Town Improvement Act, 1922 which reads as under :-
“Section 3. - Creation and incorporation of trust. -
The duty of carrying out the provisions of this Act in any local area shall,
subject to the conditions and limitations hereinafter contained, be vested in
a board to be called “The (name of town) Improvement Trust” hereinafter re-
ferred to as “The Trust”; and every such board shall be a body corporate and have
perpetual succession and common seal, and shall by the said name sue and be
sued”.
The Improvement Trust is in business of acquiring land, construction
thereto and also body corporate as per Section 3 of Punjab Town Improvement
Act, 1922.
The PWD (B&R) are constituted under The Punjab Roads and Bridges
Development Board Act, 1998 and in terms of Section 3 of the said Act defined as
under :
Section 3
The Board Constituted in terms of sub-section (2), shall be body corporate
having perpetual succession and a common seal with powers, subject to the
provisions of this Act to acquire, borrow and raise commercial loans and
hold property and shall by the said name, sue and be sued.
The PWD (B & R) is into the business of construction of building and roads etc.
and are also body corporate in terms of Section 3 of Punjab Roads and Bridges
Development Board Act, 1998.
16. Further, the CPWD is engaged in business/profession of design,
construction and maintenance of Central Government non-residential building
GST LAW TIMES  18th June 2020  102