Section 2(26) Income Tax: Indian Company – Meaning

As per Section 2(26) of the Income Tax Act, 1961, unless the context otherwise requires, the term “Indian company” means a company formed and registered under the Companies Act, 1956 (1 of 1956), and includes- [currently the Companies Act, 2013]

(i) a company formed and registered under any law relating to companies formerly in force in any part of India (other than the State of Jammu and Kashmir and the Union territories specified in sub-clause (iii) of this clause);

(ia) a corporation established by or under a Central, State or Provincial Act;

(ib) any institution, association or body which is declared by the Board to be a company under clause (17); [i.e. Section 2(17)]

(ii) in the case of the State of Jammu and Kashmir, a company formed and registered under any law for the time being in force in that State;

(iii) in the case of any of the Union territories of Dadra and Nagar Haveli, Goa [currently a State], Daman and Diu, and Pondicherry, a company formed and registered under any law for the time being in force in that Union territory:

Provided that the registered or, as the case may be, principal office of the company, corporation, institution, association or body in all cases is in India.

Different Definitions under Income Tax relating to Companies:

Section 2(17): Company

Section 2(18): Substantial Interest of Public in Company

Section 2(22A)/ 2(23A) Income Tax: Domestic/ Foreign Company – Meaning

Section 2(26): Indian Company

Section 2(32): Substantial Interest of Person in Company

Section 2(36A): Public Sector Company

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  1. RAMDEO KAKRA

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