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Conducting agreement of a restaurant & bar

(Querist) 03 February 2014 This query is : Resolved 
There is a Conducting agreement between X (owner/Li censor) and Y (Licensee).
All the Licenses of the Restaurant & Bar are in the name of X.

Queries:
1. Can these License be transferred?
2. VAT No & Service Tax No to be taken in the name of Y.
3. Will there be any issues if the licenses are in the name of X and VAT No & Service Tax Nos in the name of Y?

Thank You

Regards,
Dhiraj Jain
Devajyoti Barman (Expert) 04 February 2014
1. No, no need wither.
2.Yes that can be done o the basis of X'S licenses.
3.No.
malipeddi jaggarao (Expert) 04 February 2014
If the licence is issued in the name of Restaurant & Bar, the VAT & Service Tax numbers are to be taken in that name only.
The VAT & Service Tax numbers obtained in the name of other person, these cannot be used for payment of taxes etc.


Such agreements for transfer of licence, though not legal, they are common in this trade. However, officially the original allottee will represent for everything. The inter-se agreement is only for conduct of the business.
Rajendra K Goyal (Expert) 04 February 2014
Well advised by the experts, agree to it.
Advocate. Arunagiri (Expert) 04 February 2014
I agree with Mr.Jaggarao.
T. Kalaiselvan, Advocate (Expert) 05 February 2014
I also endorse the opinion of Mr. jaga rao on the subject issue.


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