Either proprietorship or partnership firm can be the division of private limited company

Save Share

This query is : Resolved

Quick Summary

This discussion clarifies whether a proprietorship or partnership can operate as a division of a private limited company. The consensus is that if M/s. XYZ Facility Management Services is indeed a division and not a separate entity, then it's permissible. This means a private limited company can invoice through such a division, even if the GSTIN belongs to the parent private limited company, provided they are the same entity.

Marimuthu

Marimuthu (Querist)

01 August 2023 Dear Experts,
01. Our company is getting the security service, which is outsourced. They are the registered private Limited company as per Agreement.
02.They raised the invoice from their division name of M/s.XYZ Facility Management Services, which is not a branch of the above said Private Company.
03.While raising the query to the vendor, they said that the M/s. XYZ Facility Management Services is a division of private limited.

Query is:
01.Either proprietorship or partnership firm can be the division of private limited company.

CA R SEETHARAMAN

CA R SEETHARAMAN (Expert)

01 August 2023 A public or private limited company is regarded by Indian law as an artificial legal entity. Consequently, if permitted by an article, public or private limited businesses may join as a partner in a partnership firm.

Marimuthu

Marimuthu (Querist)

01 August 2023 Thank You Sir,

But we need your advise on following things:

01.M/s. XYZ Facility Management Services and M/s. XYZ Facility Management Services Pvt Ltd are one and the same entity with same PAN.

02. Is it possible?Sir.

03. They are mentioning the their PVT Ltd's GSTIN in their Firm Name. ie we reveived the invoice from the name of M/s. XYZ Facility Management Services., but the GSTIN pertains to M/s. XYZ Facility Management Services Pvt Ltd

04.Can we accept the same.

pl clarify Sir

CA R SEETHARAMAN

CA R SEETHARAMAN (Expert)

01 August 2023 01 Yes, in case M/s. XYZ Facility Management Services is not an another company it's only division of the private limited company.
02 It's possible if the above is true.
03 yes, you can accept it's not a separate company it's only the division of the private company.

Message likes : 1 times

You need to be the querist or approved CAclub expert to take part in this query .
Click here to login now