Shared warehouse and GST issue

Exclusively closely held Public Ltd Co and LLP are run by one family. Co brings Tea leaves from Assam to Kolkata and sells it to LLP for export. There is single warehouse in one building. So sale takes place when stored in warehouse and LLP arranges shipping Bill in own name and Cargo moves out.How to satisfy GST Dept, as there is no physical movement post sale from Co to LLP. Directors of Co take Partner's hat. Common decision-making centre.

Kindly guide 

Replies (1)

This is a classic case of a closely held Public Ltd Co and LLP with common ownership and management. The GST department might scrutinize the transactions due to the lack of physical movement of goods post-sale. Here's a guidance to help you satisfy the GST department: Maintain Clear Documentation 1. *Separate financial records*: Ensure both the company and LLP maintain separate financial records, including invoices, ledgers, and bank statements. 2. *Clear sale and purchase agreements*: Have a well-documented sale and purchase agreement between the company and LLP, outlining the terms and conditions of the transaction. 3. *Warehouse management records*: Maintain accurate records of warehouse management, including storage, inventory, and dispatch details. Establish Arm's Length Transaction 1. *Independent decision-making*: Demonstrate that the company and LLP have independent decision-making processes, despite common ownership. 2. *Separate GST registrations*: Ensure both the company and LLP have separate GST registrations and file returns independently. 3. *Distinct business operations*: Show that the company and LLP have distinct business operations, with the company focused on domestic sales and the LLP focused on exports. Clarify the Sale and Delivery Process 1. *Define the point of sale*: Clearly establish the point of sale as the warehouse, where the goods are stored and sold to the LLP. 2. *Document the shipping process*: Maintain records of the shipping process, including the cargo movement and export documentation. 3. *LLP's role in export*: Emphasize the LLP's role in arranging the shipping and export documentation, demonstrating their involvement in the export process. Prepare for GST Audit 1. *Maintain transparency*: Ensure all transactions are transparent, and documentation is easily accessible. 2. *Be prepared to explain*: Be prepared to explain the business operations, sale and delivery process, and documentation to the GST department during an audit. 3. *Seek professional advice*: Consult with a tax professional or chartered accountant to ensure compliance with GST regulations and to address any specific queries or concerns. By following these guidelines, you can demonstrate the legitimacy of the transactions between the company and LLP, and satisfy the GST department's requirements.

Leave a Reply

Your are not logged in . Please login to post replies

Click here to Login / Register  

Company
30 September 2026
Senior Accountant

Codeboard Technology

Chennai

B.Com

View Details
Company
12 October 2026
Finance

I-Genext Consulting Private Limited

New Delhi

CA

View Details
Company
ARTICLESHIP 08 October 2026
ARTICLE TRAINEE

S.B.G. & CO. CHARTERED ACCOUNTANTS

New Delhi

CA Inter

View Details
Company
14 October 2026
Accountant

Rize.farm

Bengaluru

B.Com

View Details
Company
06 October 2026
Assistant Manager - Audit and Compliance

Ravi K Jain & Co

Noida

Others

View Details
Company
14 October 2026
Asst. Manager/Dy Manager (Costing)

manufacturing

Pune

CMA

View Details
Company
Featured 03 October 2026
Accountant

A P Lodha and Associates

Jalna

B.Com

View Details
Company
26 September 2026
Chartered Accountant

pushpganga ventures

Pune

CA

View Details