School run under a trust

Querist : Anonymous (Querist) 18 August 2020 This query is : Resolved
Service provider need PAN of the School but School run under a Trust and we have only PAN of the Trust but party want billing in the name of the Trust only as we provide PAN please advice.

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Dr J C Vashista (Expert) 19 August 2020
No legal dispute / issue is involved in the procedural query for consideration and obligation of experts.

Shilesh Patel (Expert) 19 August 2020
What's the legal issue here? if related to accounts post the query at CAclubindia.

Rajendra K Goyal (Expert) 19 August 2020
If the service is for the school apart from Trust, school should apply for separate PAN.

Better the services be taken as XXX school under proprietorship YYY trust.

P. Venu (Expert) 19 August 2020
Yes, the posting suggests no legal issues.

Querist : Anonymous (Querist) 19 August 2020
But party not agree billing in the name of the school.

kavksatyanarayana (Expert) 19 August 2020
You shall give receipt under the name of Trust. School is running a Trust, then School should have pan.

Rajendra K Goyal (Expert) 20 August 2020
Take help of your Tax Adviser / CA in such situation to suggest you best suitable option.

R.Ranganathan (Expert) 20 August 2020
School is run under a trust and both are different entities. The school will be having its own name, logo and everything to identify itself from the Trust and even all the permissions for running the school you need separate identity from trust. So you have to get PAN in the name of the school also. It is mandatory to have separate PAN for school also.

Querist : Anonymous (Querist) 20 August 2020
Very Confusing Answers

Rajendra K Goyal (Expert) 21 August 2020
Whether TDS is to be deducted from service provider?
What are the services to be provided by them?
For TDS deduction and deposit school should obtain TAN no.

venkatesh Rao (Expert) 21 August 2020
School is independent of trust and shall have PAN

Sudhir Kumar, Advocate (Expert) 22 August 2020
not able to convey the problem.

Hemant Agarwal (Expert) 22 August 2020
1. IF said school is not a separate registered legal entity and license to run school is vested with the Trust, THEN all billings /receipts /TDS /GST /etc.... will have to be prepared under banner of Trust, more so speficially since school as a entity does not exist and hence PAN of school CANNOT be applied for.

2. Trust registration and other documents will have to be used for all legitimate purposes.

Keep Smiling .... Hemant Agarwal
VISIT: www.chshelpforum.com

Message likes : 1 times

Querist : Anonymous (Querist) 22 August 2020
Thanks Mr. Hemant Agarwal

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