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Rule related to E-Way Bill I Exempted Items From E- Way Bill I CGST Rule 138

Rule Related to E-Way Bill (CGST Rule 138) Provision of E-Way Bill Rule have been approved the Central Government by 6th Amendment of CGST Rules-2017 (Notification No.27 /2017 – Central Tax Dated 30thAugust, 2017). Save as otherwise provided in CGST (Sixth Amendment) Rules, 2017., they shall...

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Rule Related to E-Way Bill (CGST Rule 138)

Provision of E-Way Bill Rule have been approved the Central Government by 6th Amendment of CGST Rules-2017 (Notification No.27 /2017 – Central Tax Dated 30thAugust, 2017).

Save as otherwise provided in CGST (Sixth Amendment) Rules, 2017., they shall come intoforce on such date as the Central Government may, by notification in the Official Gazette, appoint.

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(i)CGST Rule 138

Information to be furnished prior to commencement of movement of goods andgeneration of e-way bill. (Rule-138).

  1. Every registered Dealer (person) who causes movement of goods of consignment valueexceeding 50000.00 (fifty thousand) rupees—
  •   in relation to a supply; or
  •  for reasons other than supply; or
  •  due to inward supply from an unregistered Dealer (person),

         shall, before commencement of such movement, furnish information relating to thesaid goods in Part A of FORM GST EWB-01, online, on the GST portal.

  1. Where the goods are transported by the registered Dealer (person) as a consignor or the recipient of supply as the consignee, whether in his own conveyance or a hired one or by railways or by air or by vessel, the said person or the recipient may generate the e-way bill in FORM GST EWB-01 online, on the GST portal after furnishing information in Part B of FORM GST EWB-01.
  2. Where the e-way bill (Electronic Way Bill) is not generated under sub-rule (2) and the goods are handed over to a transporter for transportation by road, the registeredDealer (person) shall furnish the information relating to the transporter in Part B ofFORM GST EWB-01 on the GST portal and the e-way bill shall be generated by thetransporter on the said portal on the basis of the information furnished by the registered Dealer (person)  in Part A of FORM GST EWB-01:

           Provided that the registered Dealer (person)  or, as the case may be, the transporter may, at his option, generate and carry the e-way bill even if the value of the consignment isless than fifty thousand rupees:

           Provided further that where the movement is caused by an unregistered Dealer (person) either in his own conveyance    or a  hired one or through a transporter, he or the
transporter may, at their option, generate the e-way bill in FORM GST EWB- 01 on thecommon portal in the manner specified in this rule:

          Provided also that where the goods are transported for a distance of less than tenkilometers within the State or Union territory from the place of business of the consignor to the place of business of the transporter for further transportation, the supplier or the transporter may not furnish the details of conveyance in Part B of FORM  GST EWB-01.

      Explanation 1.– For the purposes of this sub-rule, where the goods are supplied by an unregistered supplier to a recipient who is registered, the movement shall be said to be caused by such recipient if the recipient is known at the time of commencement of the movement of goods.

        Explanation 2.-The information in Part A of FORM GST EWB-01 shall be furnished by the consignor or the recipient of   the supply as consignee where the goods are transported by railways or by air or by vessel.

  1. Upon generation of the e-way bill on the common portal, a unique e-way bill number (EBN) shall be made available to the supplier, the recipient and the transporter on the common portal.
  1. Any transporter transferring goods from one conveyance to another in the course of transit shall, before such transfer and further movement of goods, update the details of conveyance in the e-way bill on the common portal in FORM GST EWB-01:

        Provided that where the goods are transported for a distance of less than ten kilometres within the State or Union territory from the place of business of the transporter finally to the place of business of the consignee, the details of conveyance may not be updated in the e-way bill.

  1. After e-way bill has been generated in accordance with the provisions of sub-rule (1), where multiple consignments are intended to be transported in one conveyance, the transporter may indicate the serial number of e-way bills generated in respect of each such consignment Online on the GST portal and a consolidated e-way bill in FORM GST EWB-02 maybe generated by him on the said common portal prior to the movement of goods.
  1. Where the consignor or the consignee has not generated FORM GST EWB-01 inaccordance with the provisions of sub-rule (1) and the value of goods carried in the conveyance is more than 50000.00 (fifty thousand) rupees, the transporter shall generate FORM GST EWB-01 on the basis of invoice or bill of supply or delivery challan, as the case may be, and may also generate a consolidated e-way bill in FORM GST EWB-02 on the common portal prior to the movement of goods.
  1. The information furnished in Part A of FORM GST EWB-01 shall be made available to the registered supplier on the common portal who may utilize the same for furnishing details in FORM GSTR-1:

         Provided that when the information has been furnished by an unregistered supplier in FORM GST EWB-01, he shall be informed electronically, if the mobile number or the e-mail is available.

  1. Where an e-way bill has been generated under this rule, but goods are either not transported or are not transported as per the details furnished in the e-way bill, the e-way bill may be cancelled electronically on the GST common portal, either directly or through a Facilitation Centre notified by the Commissioner, within 24 hours of generation of the e-way bill:

         Provided that an e-way bill cannot be cancelled if it has been verified in transit in accordance with the provisions of rule 138B.

  1. An e-way bill or a consolidated e-way bill generated under this rule shall be valid for the period as mentioned in column (3) of the Table below from the relevant date, for the distance the goods have to be transported, as mentioned in column (2) of the said Table:
Sr. no. Distance in km Validity period in Days
01. Up to 100 Kilometre One day
 02. For every 100 Kilometre or part thereof thereafter One additional day

          Provided that the Commissioner may, by notification, extend the validity period of e-way bill for certain categories of goods as may be specified therein:

          Provided further that where, under circumstances of an exceptional nature, the goods cannot be transported within the validity period of the e-way bill, the transporter may generate another e-way bill after updating the details in Part B of FORM GST EWB-01.

          Explanation.—For the purposes of this rule, the “relevant date” shall mean the date on which the e-way bill has been generated and the period of validity shall be counted from the time at which the e-way bill has been generated and each day  shall be counted as twenty-four hours.

  1. The details of e-way bill generated under sub-rule (1) shall be made available to the recipient, if registered, on the common portal, who shall communicate his acceptance or rejection of the consignment covered by the e-way bill.
  1. Where the recipient referred to in sub-rule (11) does not communicate his acceptance or rejection within seventy-two hours of the details being made available to him on the common portal, it shall be deemed that he has accepted the said details.
  1. The e-way bill generated under this rule or under rule 138 of the Goods and Services Tax Rules of any State shall be valid in every State and Union territory. 
  • 14.Items and Goods Exempted From E-way bill (Electronic Way Bill)  as per CGST Amendment (Six) Rule Notwithstanding anything contained in this rule, no e-way bill is required to be generated—
    • where the goods being transported are specified in Annexure;( SCHEDULE I: LIST OF GOODS)
    • where the goods are being transported by a non-motorised conveyance;
    • where the goods are being transported from the port, airport, air cargo complex and land customs station to an inland container depot or a container freight station for clearance by Customs; and
    • in respect of movement of goods within such areas as are notified under clause of sub-rule (14) of rule 138 of the Goods and Services Tax Rules of the concerned State.

    ANNEXURE [See Rule 138 (14)] Goods-exempted-from-e-waybill/

    Explanation. – The facility of generation and cancellation of e-way bill may also be made available through SMS.

     

    (ii) Following the main rules 138, the following rules will be inserted:->

     

    Documents and devices to be carried by a person-in-charge of a conveyance. (Rule 138A)

      1. 1. The person in charge of a conveyance shall carry

    the invoice or bill of supply or delivery challan, as the case may be; and

(i) a copy of the e-way bill or the e-way bill number, either physically or mapped to a Radio Frequency
(ii) dentification Device embedded on to the conveyance in such manner as may be notified by the Commissioner.

2. A registered Dealer (person) may obtain an Invoice Reference Number from the common portal by uploading, on the said portal, a tax invoice issued by him in FORM GST INV-1 and produce the same for verification by the proper officer in lieu of the tax invoice and such number shall be valid for a period of thirty days from the date of uploading.

3 . Where the registered person uploads the invoice under sub-rule (2), the information in Part A of FORM GST EWB-01 shall be auto-populated by the common portal on the basis of the information furnished in FORM GST INV-1.

4. The Commissioner may, by notification, require a class of transporters to obtain a unique Radio Frequency Identification Device and get the said device embedded on to the conveyance and map the e-way bill to the Radio Frequency Identification Device prior to the movement of goods.

5. Notwithstanding anything contained clause (b) of sub-rule (1), where circumstances so warrant, the Commissioner may, by notification, require the person-in-charge of the conveyance to carry the following documents instead of the e-way bill-

(i)tax invoice or bill of supply or bill of entry; or

(ii)a delivery challan, where the goods are transported for reasons other than by way of supply.

 

Verification of documents and conveyances.- (Rule 138B.):-

  1. The Commissioner or an officer empowered by him in this behalf may authorise the proper officer to intercept any conveyance to verify the e-way bill or the e-way bill number in physical form for all inter-State and intra-State movement of goods.
  2. The Commissioner shall get Radio Frequency Identification Device readers installed at places where the verification of movement of goods is required to be carried out and verification of movement of vehicles shall be done through such device readers where the e-way bill has been mapped with the said device.
  3. The physical verification of conveyances shall be carried out by the proper officer as authorised by the Commissioner or an officer empowered by him in this behalf:

Provided that on receipt of specific information on evasion of tax, physical verification of a specific conveyance can also be carried out by any officer after obtaining necessary approval of the Commissioner or an officer authorised by him in this behalf.

Inspection and verification of goods. (Rule 138C):-

(1) A summary report of every inspection of goods in transit shall be recorded online by the proper officer in Part A of FORM GST EWB-03 within twenty four hours of inspection and the final report in Part B of FORM GST EWB-03 shall be recorded within three days of such inspection.

(2)Where the physical verification of goods being transported on any conveyance has been done during transit at one place within the State or in any other State, no further physical verification of the said conveyance shall be carried out again in the State, unless a specific information relating to evasion of tax is made available subsequently.

Facility for uploading information regarding detention of vehicle (Rule 138D.):-

  Where a vehicle has been intercepted and detained for a period exceeding thirty minutes, the transporter may upload the said information in FORM GST EWB-04 on the common portal.

E-Way Bill Related Format

FORM GST EWB-01 (See rule 138) For E-Way Bill

FORM GST EWB-02 (See rule 138) For Consolidated E-Way Bill

FORM GST EWB-03 (See rule138C) For Verification Report

FORM GST EWB-04 (See rule138D) For Report of detention

FORM GST INV – 1 (See rule 138A) For Generation of Invoice Reference Number

Advocate Birbal Sharma

Education- M.Com, LL.B, DLL, LLM Practice Courts - Rajasthan High Court, Income Tax Appellate Tribunal and Intellectual Property Right Attorney Contact Number- 09785037216 Email ID-advocatebirbalsharma@gmail.com

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1 comment

  1. satbir Reply

    thanks for sharing knowledge