Invoice by legal heirs with different gst no.

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Dear All,

 

Please suggest

Our company(Pvt Ltd) is using rented premises. The landloard was a proprietor and registered under GST with his own PAN, but he did not issue us GST invoice. On Feb 2018 proprietor had expired and his wife took the business. Wife also registered under GST with her own PAN.

We had paid rent to old proprietor after deduction of TDS and TDS returns filed.

Now, wife want to issue consolidated GST invoice from July- 2017 to Feburuary- 2018 for rent with her own GST No. and demanding the GST from us. 

My Question is:

1. Can wife issue GST Invoice with her own GST No., where we had deducted TDS of her husband?

2. Can We pay GST amount to wife bank account, even rent had paid to her husband?

3. If Yes, can we take input credit of GST payment on rent?

Please reply 

Thanks & Regards 

Rohit Kumar

Replies (1)
In all the 3 situation its BIG NO, As the tds is being deducted & return has been filed on husband PAN ,
Yes you can do one thing Request his wife to issue the bill till feb on date before her husband death .

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