Indian Company – Section 2(53) | Income-tax Act, 2025 vs 1961

§ 2(53) · Income-tax Act, 2025

Indian company

ITA 2025 · 2(53) ITA 1961 · 2(26)
Definition — Section 2(53)

Means a company formed and registered under the Companies Act, 2013, and includes: (a) a company formed and registered under any law relating to companies formerly or currently in force in any part of India; (b) a corporation established by or under a Central Act, State Act or Provincial Act; and (c) any institution, association or body which is declared by the Board to be a company under Section 2(28) of this Act — provided that in all cases the registered or principal office of the company, corporation, institution, association or body is in India.

Act Comparison
Income-tax Act, 2025
2(53)
Indian company
Income-tax Act, 1961
2(26)
Indian company
Key Points
  • Maps to Section 2(26) of the 1961 Act
  • All Indian-incorporated companies are 'Indian companies' regardless of ownership
  • A 100% foreign-owned Indian subsidiary is an 'Indian company'
💡 Practical Note

Country of incorporation determines 'Indian company' status — not ownership. A company incorporated in India with 100% foreign shareholders is still an Indian company.

Published by Simplified Tax India — Clear, section-wise comparison of Income-tax Acts. ← Back to Section 2 Definitions Table
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