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Microlesson · 5-min read

Other Persons — Firm, AOP, BOI, Company, Local Authority, AJP

# Other categories of "Person" under Sec 2(31)

## Firm / LLP

"Firm" means a partnership firm as defined by the Indian Partnership Act. LLPs are also covered under this category for income tax purposes.

## Association of Persons (AOP)

When persons combine together for promotion of their joint enterprise, and they do not constitute a partnership firm in law, they are called an AOP.

Essentials for AOP formation:

  • Persons must join for a common purpose or action, AND
  • Their object must be to produce income.

Caution: It is not enough that they merely receive income jointly — there must be a joint enterprise aimed at producing income.

## Body of Individuals (BOI)

A BOI denotes a status of persons (executors or trustees) who merely receive income jointly and who may be assessable in like manner and to the same extent as the beneficiaries individually.

Co-executors or co-trustees are assessable as a BOI because their title and interest are indivisible.

### AOP vs BOI — the key distinction

AspectAOPBOI
CompositionCan include any persons (individuals + companies + firms etc.)Only individuals
PurposeJoint enterprise to produce incomeMerely receive income jointly
ObjectCommon purpose or actionNo common purpose required

## Company

Under the Income Tax Act, "Company" has a much wider meaning than under the Companies Act, 2013. It means:

1. An Indian Company defined under Section 2(26); OR

2. Any body corporate incorporated by or under the laws of a country outside India (i.e., any Foreign Company); OR

3. Any association, institution or body assessed as a company under the Income Tax Act, 1922 or under the present Act on or before 1.4.1970; OR

4. Any institution, association or body — whether incorporated or not, Indian or non-Indian — declared as a company by CBDT by a general or special order for such AYs as it may specify.

## Local Authority

Means a municipal committee, district board, body of port commissioners or other authority legally entitled to — or entrusted by the Government with — the control or management of a municipal or local fund.

Taxability rule (very important):

Income headTaxable?
Business incomeTaxable
Income from supply of water, electricity, or any other serviceNOT taxable

## Artificial Juridical Person (AJP)

AJPs are not natural persons but are separate entities in the eyes of law. This is a residual category that covers all artificial persons with a juristic personality not falling under any other category.

Examples: Deities (Bhagwaan ji), Bar Council, Universities, Colleges.

Worked example

### Example 1

Q. Three friends jointly inherit a property and receive rent. Are they an AOP or a BOI?

A. They are merely receiving income jointly, not carrying on a joint enterprise to produce income. Since they are all individuals receiving income jointly without a common business purpose, they constitute a BOI.

### Example 2

Q. A municipality earns Rs. 50 lakh from supplying water and Rs. 30 lakh from running a printing press as a business. What is taxable?

A. Only the Rs. 30 lakh business income is taxable in the hands of the local authority. The Rs. 50 lakh from supply of water is NOT taxable as it is income from supply of a basic service.

### Example 3

Q. Is Delhi University a Person under the Income Tax Act?

A. Yes — it qualifies as an Artificial Juridical Person (universities/colleges are specifically given as examples).

⚠️ Common exam mistakes

  • Confusing AOP and BOI — remember BOI is only individuals merely receiving income jointly; AOP can include any persons united for joint income-producing enterprise.
  • Forgetting that a body corporate incorporated outside India is also a "Company" under the IT Act.
  • Treating ALL income of a local authority as exempt — only income from supply of water, electricity or services is exempt; business income IS taxable.
  • Treating a deity/idol as not being a person — it qualifies as an AJP.
Bare-Act text Section 2(31), Section 2(26) · Income-Tax Act, 1961 · click to expand
Section 2(31)(v) — "an association of persons or a body of individuals, whether incorporated or not"; Section 2(26) defines "Indian Company".
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