E-Way Bill Rules
The e-way bill Rules have been released by the CBEC Rules that provide for regulation of all kind of movement of goods that is caused by a registered person. The e-way bills are required to be generated before the commencement of movement of goods by a registered person in the following situations:
ü Inter-state or intra –state movement for supply.
ü Movement of goods for supplies such as job-work, repairs, transfer to branch etc.
ü Inward supply from an unregistered person.
· In all the aforesaid cases where the value of consignment exceeds Rs. 50,000 a mandatory e-way bill in Form GST INS-1 is required to be generated electronically on the common portal by a registered person.
· The e-way bill in GST INS-1 needs to be generated by the consignor/consignee in case the movement is caused by such consignor supplier/consignee recipient by own/hired means of transportation. In case the goods are transported by handing the same to the transporter the e-way bill needs to be generated by such transporter.
· Further prior to the commencement of the movement of the goods a statement in Part A of Form GST INS-01 furnishing the particulars of the goods and a statement in Part B of Form GST INS-01 furnishing specified particulars needs to be submitted by the consignor/consignee.
· Upon generation of the e-way bill a common e-way bill number (EBN) would be available to the supplier, recipient, transporter on the common portal.
· The e-way bill so generated may be cancelled within 24 hours of the generation in case the goods are not transported or the particulars as mentioned in the way-bill are different from the particulars of the goods transported. Provided the cancellation shall not be allowed where the consignment has been verified by the proper officers in accordance with these Rules.
· The validity of an e-bill generated, that, may be extended by the Commissioner, would be as under :-
Sr No / Distance / No. of days1 / Less than 100 km / One
2 / 100 km or more but less than 300km / Three
3 / 300 km or more but less than 500km / Five
4 / 500 km or more but less than 1000km / Ten
5 / 1000 km or more / Fifteen
· The e-way bill so generated shall be made available to the recipient who shall communicate his acceptance/rejection to the consignment covered by the e-way bill. In case the acceptance is not communicated within 72 hours the same shall be deemed to be accepted.
· The person in-charge of a conveyance shall carry-
ü A physical copy of the invoice or the Invoice reference Number where tax invoice has been uploaded, or bill of supply or delivery challan as the case be.
ü A copy of the e-way bill or the e-way bill number. However if such e-way bill has been mapped to Radio Frequency Embedded Device embedded in the conveyance, the e-way bill copy shall not be required.
· Miscellaneous Provisions
ü Option to generate e-way bill by unregistered persons or for consignment of value less than Rs. 50000/-.
ü E-way bill required to be generated for movement to registered persons and in such case movement to be deemed to be made by registered person.
ü New way-bill required for transfer of goods from one conveyance to another during transit.
ü For transportation of multiple consignments in a single conveyance consolidated e-way bill to be generated in Form GST INS-02.
ü Summary report of every inspection of goods in transit to be recorded online in Part A of FORM GST INS - 03 within twenty four hours of inspection and the final report in Part B of FORM GST INS - 03 within three days of the inspection.
ü Information on a vehicle intercepted and detained for a period exceeding thirty minutes, may be uploaded in FORM GST INS- 04 by the transporter.
ü Part A of GST INs 01 to be auto-populated from GST INV-1. Such Part A information to be available to registered supplier online and may be used for furnishing information in GSTR 1. (Return for outward supplies).
· Concerns
ü Increased compliances
ü Robust technology required to auto-populate the data in common portal. Could be a burden on mid-size and small assesses.