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For Section 43A, the Explanation defines 'body corporate'. Which of the following entities falls within that definition?

The Explanation to Section 43A defines body corporate as any company and includes a firm, sole proprietorship or other association of individuals engaged in commercial or professional activities. Hence a commercial sole proprietorship is covered, while individuals acting privately or as employees are not.

  1. AA sole proprietorship engaged in commercial activitiesCorrect
  2. BA government department performing sovereign functions only
  3. CAn individual using a computer for personal hobbies
  4. DA natural person employed as a salaried clerk

Explanation

The Explanation says body corporate means any company and includes a firm, sole proprietorship or other association of individuals engaged in commercial or professional activities. A proprietorship in commerce therefore qualifies. The other options are not engaged in commercial or professional activity as an association or firm.

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