What do you mean by Artificial Juridical Person?
t is a single person or Association of person .
Please clarify
9 Replies
Ratan Deep Saxena
(Asstt Manager (Accounts & Finance))
(2998 Points)
Replied 02 December 2009
Entity (such as a firm) other than a natural person (human being) created by law and recognized as a legal entity having distinct identity, legal personality, and duties and rights. Also called artificial person, juridical entity, juristic person, or legal person. Examples
Legal personality refers to the ability of an organization to enter into legal transactions such as holding property or entering into debt. Some examples of legal persons include:
- companies
- cooperatives (co-ops)
- corporations
- corporations sole
- estates of deceased persons
- European economic interest groupings (EEIGs)
- flow-through entities (FTEs)
- international organizations such as the United Nations or the Council of Europe
- limited liability companies
- municipalities
- natural persons
- partnerships
- political parties
- political action committees (PACs)
- sovereigns
- Strawperson
- states
- subjects under public international law, such as international organizations or the Souvereign Order of Malta
- temples, in some legal systems, have separate legal personality[7]
- trade unions
- trusts
- ship or vessel
- churches and religious denominations
Not all organizations have legal personhood. For example, the board of directors of a corporation, legislature, or governmental agency typically are not legal persons in that they have no ability to exercise legal rights independent of the corporation or political body which they are a part of. One consequence of this is that lawsuits against a government agency typically are not directed at that agency but rather at a particular person within that agency that exercises governmental authority.
regards,
ratan
Radhakrishnan K.V.
(Joint Registrar of Co-operative Societies (Rtd.))
(1072 Points)
Replied 19 December 2012
Income tax structure of Co-operative societies and juridical person are different. So whether co-operative societies belong to "juridical person" is a question of law.
maganti vijaya saradhi
(100)
(25 Points)
Replied 17 February 2018
Co-operative societies are not AJP's they are AOP's Person definition in income tax act defines clearly if not included in any others(individual,firm,local authority, company) then it will be covered in AJP
maganti vijaya saradhi
(100)
(25 Points)
Replied 17 February 2018
As per IT ACT not covered under any other definitions like individual,AOP/BOI,FIRM,COMPANY etc...
Radhakrishnan K.V.
(Joint Registrar of Co-operative Societies (Rtd.))
(1072 Points)
Replied 17 February 2018
A co-operative Society or a Society is not an AJP.
[Supreme Court - Illachi Devi (D) By Lrs. And Ors. vs Jain Society, Protection Of ... on 26 September, 2003 Equivalent citations: AIR 2003 SC 3397, 97 (2004) CLT 284 SC, 2003 (4) CTC 98]
[ Madras High Court- Tamil Nadu Technical Educaton ... vs (R4 Impleaded As Party on 10 June, 2010
DATED : 10-06-2010]
Radhakrishnan K.V.
(Joint Registrar of Co-operative Societies (Rtd.))
(1072 Points)
Replied 17 February 2018
A co-operative Society is not an AOP.
ITAT Nagpur in the case Pusat Ginning and processing Co-opeative Sociey. 13Aug 1990.
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