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Service tax registration

Guest

Dear sir/madam,

My query related with service tax act for registration purposes.

As i am registered my Sole proprietor firm in Service tax act and got my registration no. from department against my PAN no. and now i want toregister my another sole proprietorfirm in another name but against my same PAN no. i.e. same sole proprietor owner, which is already used in my earlier registration.

Shall i register or got registration certificate the same.

Service tax registration: sole proprietors generally cannot hold multiple registrations under the same PAN; amend existing RC instead. Service tax registration queries whether a sole proprietor may hold multiple registrations under the same PAN. Some contributors assert a single PAN should not support multiple registrations; others allow separate registrations where businesses operate from different premises or jurisdictions but note loss of threshold benefits. Practical advice stresses amending the existing registration certificate to add business/premises, consolidating income in tax returns, and confirming positions with tax departments to avoid compliance risks. (AI Summary)
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KASTURI SETHI on Feb 18, 2017

Dear Querist,. Two different firms against same PAN is not possible.

YAGAY andSUN on Feb 18, 2017

In our view, it is possible on following assumptions:-

  1. If registration is being taken in different jurisdiction.
  2. Threshold limit benefit would not be available to you.
  3. PAN shall remain same however registration will be provided 001 & 002
  4. Firm name can be different in proprietorship
KASTURI SETHI on Feb 19, 2017

Dear Querist, Still GST has not materialised.

Rajagopalan Ranganathan on Feb 19, 2017

Sir,

If the proprietorship firms function from two different premises, then even if the they are located under the jurisdiction of the same Division/Commissionerate it is possible to get different Registration Certificate under the same PAN

Ganeshan Kalyani on Feb 19, 2017

I agree with Sri Kasturi Sir. If a proprietor is able to open new proprietary business under different name then income tax is waived and indirect tax is also evaded. In my view proprietor is allowed to open one proprietorship business with one PAN and if he want to open another business then he has apply for fresh PAN in the name of propritership.

KASTURI SETHI on Feb 19, 2017

Sh.Ganeshan Kalyani Ji,. You have responded very late. I was eagerly waiting for your opinion. Had you not replied today, I would have requested you tomorrow for your opinion. Thanks a lot.

Ganeshan Kalyani on Feb 20, 2017

No reply relevant is found in Quora.

YAGAY andSUN on Feb 20, 2017

Dear Madhur,

If you capture income of your both the firms for the purpose of paying taxes under applicable tax laws, to that extent in our view you can open new firms as well as One Person Company. Also get it vetted and authenticated our view from VAT Department, Service Tax Department, Income Tax Department.

We will love to hear about your cross checking from such Governmental Departments.

Regards,

YAGAY and SUN

KASTURI SETHI on Feb 21, 2017

Dear experts,

Any how when we all contribute regularly, the querist gets the best service. All avenues are before him. Ball is in his court.

KASTURI SETHI on Feb 21, 2017

I think this is what TMI expects from us.

Ganeshan Kalyani on Feb 23, 2017

I have checked with a an expert in income tax, who advised me that an individual with single PAN cannot have more than one registration. If an individual is a salaried person and doing business then he has to compile both the income under 'income from salary' and 'income from business profession' and offer to tax under single return. He cannot have more than one business under different registration. this was advised to me. Thanks.

Sarveshwar Mundra on Feb 23, 2017

You should amend your service tax RC for additional business/premises, not required to obtain new RC.

YAGAY andSUN on Feb 24, 2017

Dear Ganeshan Kalyani

Thanks for indirectly endorsing our view. Further, it is also mandatory to show the name of the firm/business in ITR 4S.

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