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Legal name vs tradename

siva andhavarapu (ca final) (388 Points)

10 March 2020

Hai

1. Iec certificate consists of only company's legal name.But the company is raising gst invoice(shipping bills) in the name of company's trade name. Is there any issue in customs regarding this names because iec certificate and bill(invoice copy) having different names(Trade name and legal name).Is the customs dept. having right to stop goods because of this issue?

2.If answer for Q1. is yes the please suggest how to overcome this problem?(The company's policy is to raise bills in trade name)

*Please answer my queries.Its an emergency. Thanking you in advance.

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8 Replies

RAJA P M ("Do the Right Thing...!!!") (128091 Points)
Replied 10 March 2020

Firstly say details of Your company name and trade name, it's company or others. company means Pvt Ltd or Public or Partnership or Proprietorship or others...

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siva andhavarapu (ca final) (388 Points)
Replied 10 March 2020

Originally posted by : RAJA P M
	Firstly say details of Your company name and trade name, it's company or others. company means Pvt Ltd or Public or Partnership or Proprietorship or others...

SIR

The company is a private limited company

Company legal name-ABC PVT LTD.

Trade name-XYZ IMPEX

RAJA P M ("Do the Right Thing...!!!") (128091 Points)
Replied 10 March 2020

No more problem for clearing customs...

siva andhavarapu (ca final) (388 Points)
Replied 10 March 2020

Thankyou so much sir.

so the company iec certificate can have it's legal name and can raise it's bill tradename.no problem from customs dept.

RAJA P M ("Do the Right Thing...!!!") (128091 Points)
Replied 10 March 2020

No problem if these are under one company...

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sadashiv Rupchand Gaikwad (Proprietor) (521 Points)
Replied 10 March 2020

Legal name is as per PAN data base, Trade name you may by choice of your shop, concern of business identity name. Trade name is optional.

CS M Pota (Company Secreatary) (3186 Points)
Replied 11 March 2020

In GST, GST registration is PAN based so the name mentioned in the PAN the GST registration will be issued on the same name as mentioned in the PAN.Further if GStT registration is issued as per PAN and Invoices are issued on other name other than PAN.It will creat problem in claiming the whatever GST benefit.Bank account is opened on the BAsis of PAn and invoice are issued on other nmae for export or bill of entry shows name diffrent it will clear problem .

So the nmae should be as per PAN every where to avoid future problems.

Kapadia Pravin (17259 Points)
Replied 12 March 2020

@ Siva
You can have any company policy which is not inconsistent with tax laws, legal provisions.

Raising tax invoice in Trade Name without legal name and Registered Address PAN GST Number and other details is not valid.

Trade name okay but invoice must mention Division of ABC private Ltd.

As far as clearing customs, they are interested more in revenue collection and for them this is not an issue.

But from validity , tax returns / audit point of view, follow the above correct method.