GST India · CA Venugopal Gella Key Circulars •Circular No. 3/3/2018 : Dated 5th July, 2017...

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CA Venugopal Gella E – Way Bill Under GST India ACT: CHAPTER XIV + XIX Sec 68 - Inspection; Sec 129 - Detention ; Sec 130 - Confiscation RULES :CHAPTER XVI Rule 138 + EWB Forms + MOV Forms

Transcript of GST India · CA Venugopal Gella Key Circulars •Circular No. 3/3/2018 : Dated 5th July, 2017...

Page 1: GST India · CA Venugopal Gella Key Circulars •Circular No. 3/3/2018 : Dated 5th July, 2017 •Inspector is the proper officer •Circular No. 41/15/2018 : Dated 13-04-2018 •Procedure

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E – Way Bill

Under

GST India

ACT: CHAPTER XIV + XIXSec 68 - Inspection; Sec 129 -

Detention ; Sec 130 - Confiscation

RULES :CHAPTER XVIRule 138 + EWB Forms + MOV Forms

Page 2: GST India · CA Venugopal Gella Key Circulars •Circular No. 3/3/2018 : Dated 5th July, 2017 •Inspector is the proper officer •Circular No. 41/15/2018 : Dated 13-04-2018 •Procedure

CA Venugopal Gella

Agenda for Discussion

Basics of eWay Bill

eWay Bill in different Situations

Inspection of Goods in movement

Penal consequences after completion of movement

Landmark Judicial Precedents for EWB

Page 3: GST India · CA Venugopal Gella Key Circulars •Circular No. 3/3/2018 : Dated 5th July, 2017 •Inspector is the proper officer •Circular No. 41/15/2018 : Dated 13-04-2018 •Procedure

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Basics of e-Way Bill

Page 4: GST India · CA Venugopal Gella Key Circulars •Circular No. 3/3/2018 : Dated 5th July, 2017 •Inspector is the proper officer •Circular No. 41/15/2018 : Dated 13-04-2018 •Procedure

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What is an e-Way Bill?

1. A document required to be carried by a person in charge of the

conveyance (person transporting goods) carrying any consignment

of goods of value exceeding Rs 50,000.

2. The E-Way Bill contains details of the sender, receiver and the

transporter (if seller is not the transporter). It excludes the value of

exempt supplies of goods where both taxable and exempt supplies

are billed together but Includes IGST/CGST & SGST

3. e-Way Bill has to be generated movement of goods starting from

1st April 2018.

Page 5: GST India · CA Venugopal Gella Key Circulars •Circular No. 3/3/2018 : Dated 5th July, 2017 •Inspector is the proper officer •Circular No. 41/15/2018 : Dated 13-04-2018 •Procedure

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Rule 138

eWay Bill

138

eWB Generation

Before Movement

138A

Documents to Carry

Person in charge of

vehicle

138B

Verification of Documents

And Conveyance

138C

Verification of Goods

Summary Report EWB -

03

138D

Vehicle Detention

>30 min Report in EWB

- 04

138E

Restriction on details in Part A of EWB-01

Page 6: GST India · CA Venugopal Gella Key Circulars •Circular No. 3/3/2018 : Dated 5th July, 2017 •Inspector is the proper officer •Circular No. 41/15/2018 : Dated 13-04-2018 •Procedure

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Key Circulars• Circular No. 3/3/2018 : Dated 5th July, 2017

• Inspector is the proper officer

• Circular No. 41/15/2018 : Dated 13-04-2018• Procedure for interception of conveyances for inspection of goods in

movement, and detention, release and confiscation of such goods and conveyances

• Circular No. 49/23/2018 : Dated 21st June, 2018 • Modification to circular 41

• Circular No. 64/38/2018 : Dated 14th Sept 2018• Minor Penalty DRC 07

• Circular No. 136/06/2020-GST dated April 03, 2020• No issue if status of e-way bills expired during lockdown period

Page 7: GST India · CA Venugopal Gella Key Circulars •Circular No. 3/3/2018 : Dated 5th July, 2017 •Inspector is the proper officer •Circular No. 41/15/2018 : Dated 13-04-2018 •Procedure

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Rule 138 : Information to be furnished prior to commencement of movement of goods and services

138(1) :: Applicability

138(2) :: Transportation of goods by road by registered person

138(2A) :: Transportation by railways or by air or vessel

138(3) :: Transportation of goods by road by transporter

138(4) :: E-way bill number

138(5) :: Goods Transferred from one conveyance to another

138(5A) :: Assigning of EBN to another transporter

138(6) :: Multiple consignments are intended to be transported in one conveyance

Page 8: GST India · CA Venugopal Gella Key Circulars •Circular No. 3/3/2018 : Dated 5th July, 2017 •Inspector is the proper officer •Circular No. 41/15/2018 : Dated 13-04-2018 •Procedure

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Rule 138 : Information to be furnished prior to commencement of movement of goods and services

138(7) :: Liability of transporter to generate e-way bill

138(8) :: Communication of information furnished in Part A of FORM GST EWB-01

138(9) :: Cancellation of e-way bill

138(10) :: Validity of e-way bill

138(11) :: Acceptance/rejection of e-way bill

138(12) :: Non acceptance/rejection of e-way bill

138(13) :: E-way bill generated shall be valid in every state and UT

138(14) :: Cases for which e-way bill is not required

Page 9: GST India · CA Venugopal Gella Key Circulars •Circular No. 3/3/2018 : Dated 5th July, 2017 •Inspector is the proper officer •Circular No. 41/15/2018 : Dated 13-04-2018 •Procedure

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Who Should Raise Rule 138(1)

• Every registered person who causes movement of goods of consignment value exceeding ‘Fifty Thousand

Rupees’

shall, furnish information relating to the said goods in Part A of FORM GST EWB-01, electronically. The way bill

is to be generated before the commencement of movement

In relation to Supply

For reasons other than Supply

Inward Supply from Un-Registered Person

Page 10: GST India · CA Venugopal Gella Key Circulars •Circular No. 3/3/2018 : Dated 5th July, 2017 •Inspector is the proper officer •Circular No. 41/15/2018 : Dated 13-04-2018 •Procedure

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Rule 138 (1) : Consignment Value

Includes Excludes

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Rule 138 (1) : Consignment Value < 50k – Inter State Transfer

<50,000

Principal and Job workers

Located in different states

Handicraft goods

Transported from one state to another

By person exempt from registration vide 32/2017-CT

Others

Not required

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Definition of Handicraft goods vide 32/2017-CTThe products mentioned below when made by craftsman predominantly by hand even though some machinery may also be used in the process.

1. Leather articles 12. Leather footwear

2. Carved wood products 13. Carved stone products

3. Wood turning and lacquer ware 14. Stones inlay work

4. Bamboo products 15. Pottery and clay products

5. Grass, leaf and reed and fibre products 16. Metal statues & kitchen ware

6. Paper made articles 17. Musical instruments

7. Textile , Textiles hand printing & embroidery 18. Horn and bone products

8. Zari thread 19. Conch shell crafts

9. Carpet, rugs and durries 20. Bamboo, cane/Rattan furniture

10. Theatre costumes 21. Dolls and toys

11. Coir products 22. Folk paintings, Mahbubani etc.

Page 13: GST India · CA Venugopal Gella Key Circulars •Circular No. 3/3/2018 : Dated 5th July, 2017 •Inspector is the proper officer •Circular No. 41/15/2018 : Dated 13-04-2018 •Procedure

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Who should fill Part B of EWB-01 ?

Mode of Transport

Road :

138(2)

Such Registered person whether in his own or a

public conveyance

As Consignor or as Consignee

By Unregistered Person?

Railway / Air / Vessel :

138(2A)

Supplier/Recipient

Page 14: GST India · CA Venugopal Gella Key Circulars •Circular No. 3/3/2018 : Dated 5th July, 2017 •Inspector is the proper officer •Circular No. 41/15/2018 : Dated 13-04-2018 •Procedure

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Rule 138(3): Transportation of goods by road by transporter

Where the E-way bill is not generated

U/s 138(2)

Goods are handed over to a

transporter for transportation by

road

Registered person-

information of the transporter

E-way bill shall be generated by the transporter

In Part A of Form

GST EWB-01

Page 15: GST India · CA Venugopal Gella Key Circulars •Circular No. 3/3/2018 : Dated 5th July, 2017 •Inspector is the proper officer •Circular No. 41/15/2018 : Dated 13-04-2018 •Procedure

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On the Portal

Page 16: GST India · CA Venugopal Gella Key Circulars •Circular No. 3/3/2018 : Dated 5th July, 2017 •Inspector is the proper officer •Circular No. 41/15/2018 : Dated 13-04-2018 •Procedure

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A. Generating a new e-way bill

E-way bill generation

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Step : Transaction type

17

Outward

• Causing outwards movement of goods for supply or other than supply

Inward

• Causing inward movement of goods for supply or other than supply

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Step 2: Select Sub Type

• Supply

• Export

• Job Work

• SKD/CKD/Lots

• Recipient Not Known

• For Own Use

• Exhibition or Fairs

• Line Sales

• Others

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Outward Inward

• Supply

• Import

• SKD/CKD/Lots

• Job work Returns

• Sales Return

• Exhibition or Fairs

• For Own Use

• Others

Page 19: GST India · CA Venugopal Gella Key Circulars •Circular No. 3/3/2018 : Dated 5th July, 2017 •Inspector is the proper officer •Circular No. 41/15/2018 : Dated 13-04-2018 •Procedure

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Step 3: Select the Document type

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Page 20: GST India · CA Venugopal Gella Key Circulars •Circular No. 3/3/2018 : Dated 5th July, 2017 •Inspector is the proper officer •Circular No. 41/15/2018 : Dated 13-04-2018 •Procedure

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Document Type

Tax invoice

Supply

Export

CKD/SKD/Lots

Bill of supply

Supply

Export

CKD/SKD/Lots

Delivery challan

Job work

CKD/SKD/Lots

Recipient not known

For own use

Exhibitions/Fairs

Line sales

Others

Others

Recipient not known

Others

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Page 21: GST India · CA Venugopal Gella Key Circulars •Circular No. 3/3/2018 : Dated 5th July, 2017 •Inspector is the proper officer •Circular No. 41/15/2018 : Dated 13-04-2018 •Procedure

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Step 4:Select Transaction type

21

Inward

Transaction type

Regular

Bill To = Ship To Bill From = Dispatch

From

Bill To- Ship To

Goods are billed to one address and

shipped to another

Bill From-Dispatch From

Goods are billed from one address

and dispatched from another

Combination of 2 and 3

Page 22: GST India · CA Venugopal Gella Key Circulars •Circular No. 3/3/2018 : Dated 5th July, 2017 •Inspector is the proper officer •Circular No. 41/15/2018 : Dated 13-04-2018 •Procedure

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Step 5 : Options for eWay Bill – Bill to Ship to

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Step 6: Update Item Details

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Item details

Product Name

Description HSN Qty Units Value details

Taxable Value Tax RateTotal Taxable

amountTax Amount

CGST SGST IGST Cess AdvolCess Non

Advol

Other amount

Total Invoice amount

Page 24: GST India · CA Venugopal Gella Key Circulars •Circular No. 3/3/2018 : Dated 5th July, 2017 •Inspector is the proper officer •Circular No. 41/15/2018 : Dated 13-04-2018 •Procedure

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Step 7 : Transportation Details

Page 25: GST India · CA Venugopal Gella Key Circulars •Circular No. 3/3/2018 : Dated 5th July, 2017 •Inspector is the proper officer •Circular No. 41/15/2018 : Dated 13-04-2018 •Procedure

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Upon generation of the

E-way bill on the common portal

A unique E-way bill number (EBN)

Available on common portal to the

• Supplier

•Recipient

• Transporter

Rule 138(4): E-way bill number

Page 26: GST India · CA Venugopal Gella Key Circulars •Circular No. 3/3/2018 : Dated 5th July, 2017 •Inspector is the proper officer •Circular No. 41/15/2018 : Dated 13-04-2018 •Procedure

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Submission and generation

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Page 27: GST India · CA Venugopal Gella Key Circulars •Circular No. 3/3/2018 : Dated 5th July, 2017 •Inspector is the proper officer •Circular No. 41/15/2018 : Dated 13-04-2018 •Procedure

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E-way bill without Vehicle Number

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Generated by Supplier

Page 28: GST India · CA Venugopal Gella Key Circulars •Circular No. 3/3/2018 : Dated 5th July, 2017 •Inspector is the proper officer •Circular No. 41/15/2018 : Dated 13-04-2018 •Procedure

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E Way Bill Scenarios

Page 29: GST India · CA Venugopal Gella Key Circulars •Circular No. 3/3/2018 : Dated 5th July, 2017 •Inspector is the proper officer •Circular No. 41/15/2018 : Dated 13-04-2018 •Procedure

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Where the goods are transferred from one

conveyance to another

The consignor / recipient / transporter

Update the details of conveyance Part-B of FORM GST EWB-01 #

# Part-B may not be updated up to a distance of 50 km within the state or UT from the place of business to transporter

Before such transfer and further movement of

goods

The consignor or the recipient may assign e-

way bill number to another registered or

enrolled transporter **

Rule 138(5) & (5A): Goods Transferred from one conveyance to another or to another transporter

** after the details of the conveyance have been updated by the transporter in Part B of FORM GST EWB-01, the consignor or recipient

Page 30: GST India · CA Venugopal Gella Key Circulars •Circular No. 3/3/2018 : Dated 5th July, 2017 •Inspector is the proper officer •Circular No. 41/15/2018 : Dated 13-04-2018 •Procedure

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Multiple Consignment against Single Invoice• Where the goods are being transported in a SKD or CKD condition or

being bulk cargo or being transported through multimodal means of transport,

• the EWB shall be generated for each of such vehicles based on the delivery challans issued for that portion of the consignment Rule 55

(a) Supplier shall issue the complete invoice before dispatch of the firstconsignment;

(b) Supplier shall issue a delivery challan for each of the subsequentconsignments, giving reference of the invoice;

(c) each consignment shall be accompanied by copies of the correspondingdelivery challan along with a duly certified copy of the invoice; and

(d) Original copy of the invoice shall be sent along with the last consignment

Page 31: GST India · CA Venugopal Gella Key Circulars •Circular No. 3/3/2018 : Dated 5th July, 2017 •Inspector is the proper officer •Circular No. 41/15/2018 : Dated 13-04-2018 •Procedure

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Multiple Consignments

Page 32: GST India · CA Venugopal Gella Key Circulars •Circular No. 3/3/2018 : Dated 5th July, 2017 •Inspector is the proper officer •Circular No. 41/15/2018 : Dated 13-04-2018 •Procedure

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Change in Vehicle

Page 33: GST India · CA Venugopal Gella Key Circulars •Circular No. 3/3/2018 : Dated 5th July, 2017 •Inspector is the proper officer •Circular No. 41/15/2018 : Dated 13-04-2018 •Procedure

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Updating vehicle no.

33

By Taxpayer

E-way bill no. available

Yes

With E-way bill no.

No

Generated by me(date) option

Page 34: GST India · CA Venugopal Gella Key Circulars •Circular No. 3/3/2018 : Dated 5th July, 2017 •Inspector is the proper officer •Circular No. 41/15/2018 : Dated 13-04-2018 •Procedure

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Rule 138(6): Multiple consignments are intended to be transported in one conveyance

After E-way bill has been

generated U/r 138(1)

Multiple consignments

to be transported in

one conveyance

Transporter may generate

consolidated E-way bill in Form

GST EWB-02

Page 35: GST India · CA Venugopal Gella Key Circulars •Circular No. 3/3/2018 : Dated 5th July, 2017 •Inspector is the proper officer •Circular No. 41/15/2018 : Dated 13-04-2018 •Procedure

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To generate consolidated e-way bill

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Page 36: GST India · CA Venugopal Gella Key Circulars •Circular No. 3/3/2018 : Dated 5th July, 2017 •Inspector is the proper officer •Circular No. 41/15/2018 : Dated 13-04-2018 •Procedure

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Consignor has NOTgenerated the E-way bill

in FORM GST EWB-01

Consignee has NOTgenerated the E-way bill

in FORM GST EWB-01

Aggregate of the consignment value in the conveyance >Rs. 50,000

The transporter shall generate the E-way bill

On the basis of invoice or bill of supply or delivery

challan

In Form GST EWB-01 OR Consolidated E-way bill in

FORM GST EWB-02

Excluding transportation of goods by railways, air

and vessel

Sec 138(7): Liability of Transporter to generate E-way bill

Page 37: GST India · CA Venugopal Gella Key Circulars •Circular No. 3/3/2018 : Dated 5th July, 2017 •Inspector is the proper officer •Circular No. 41/15/2018 : Dated 13-04-2018 •Procedure

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When the information has been furnished by an unregistered supplieror an unregistered recipient in FORM GST EWB-01, he shall be informedelectronically, if the mobile number or the e-mail is available.

• What is sharedThe 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 the details in FORM GSTR-1.

Rule 138(8): Communication of information furnished in Part A of Form GST EWB-01

Page 38: GST India · CA Venugopal Gella Key Circulars •Circular No. 3/3/2018 : Dated 5th July, 2017 •Inspector is the proper officer •Circular No. 41/15/2018 : Dated 13-04-2018 •Procedure

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Rule 138(9): Cancellation of e-way bill

• E-way bill may be cancelled when goods are either not transported or are not transported as per the details furnished in the e-way bill.

• Such cancellation may be done within 24 hours of the generation of the e-way bill.

• An E-way bill cannot be cancelled if it has been verified in transit in accordance with the provisions of rule 138B i.e., Verification of documents and conveyances by the Commissioner.

Page 39: GST India · CA Venugopal Gella Key Circulars •Circular No. 3/3/2018 : Dated 5th July, 2017 •Inspector is the proper officer •Circular No. 41/15/2018 : Dated 13-04-2018 •Procedure

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Rule 138(10) : Time Limit of eWay Bill

Validity

Other than over dimensional

cargo

Up to 100 km

One day

For every 100 km or part thereof

thereafter

One additional day

Over Dimensional

cargo

Up to 20 km

One day

For every 20 km or part thereof

thereafter

One additional day

• The e-way bill generated under this rule or under rule 138 of the Goods and Services Tax Rules of any State or Union territory shall be valid in every State and Union territory.

Page 40: GST India · CA Venugopal Gella Key Circulars •Circular No. 3/3/2018 : Dated 5th July, 2017 •Inspector is the proper officer •Circular No. 41/15/2018 : Dated 13-04-2018 •Procedure

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EWB Access to

138(11)

Supplier

Part A of Form GST EWB-01 furnished by the recipient or the

transporter

Recipient

If Part A of FORM GST EWB-01 by the

supplier or the transporter

He can Accept or Reject Eway Bill

Deemed Acceptance

138(12)

Within 72 hours or the time of delivery

of goods

It shall be deemed to have been

accepted, if not rejected

Rule 138(11) & 139(12): Acceptance/rejection of e-way bill

Page 41: GST India · CA Venugopal Gella Key Circulars •Circular No. 3/3/2018 : Dated 5th July, 2017 •Inspector is the proper officer •Circular No. 41/15/2018 : Dated 13-04-2018 •Procedure

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a) Specified Goods in Annexure

b) Transport by a non-motorised conveyance

c) Transport of goods from customs port, airport, air cargo complex and landcustoms station to an inland container depot or a container freight stationfor clearance by Customs

d) In respect of movement of goods within such areas as are notified underrule 138(14)(d) of the SGST or UTGST Rules in that particular State orUnion territory

e) Where the goods being transported, are specified in the Scheduleappended to Notn. 2/2017 (Exempted) other than de-oiled cake

f) Transport of alcoholic liquor for human consumption, petroleum crude,high speed diesel, motor spirit, natural gas or aviation turbine fuel

g) Transport of schedule III items

Rule 138(14): E-way bill is NOT required

Page 42: GST India · CA Venugopal Gella Key Circulars •Circular No. 3/3/2018 : Dated 5th July, 2017 •Inspector is the proper officer •Circular No. 41/15/2018 : Dated 13-04-2018 •Procedure

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h) Where the goods are being transported under customs supervision, bond or seal

i) Where the goods being transported are transit cargo from or to Nepal or Bhutan

j) Specified Suppliers (CSD 7/2107 + Department of Atomic Energy etc)

k) Movement caused by Defence

l) Where the consignor of goods is the CG, SG or a local authority for transport of goods by rail

m) Transport of empty cargo containers

n) To Weighment bridge for weighting upto 20kms

o) Empty Cylinders for packing/filling of LPG

Rule 138(14): Cases for which E-way bill is not required

Page 43: GST India · CA Venugopal Gella Key Circulars •Circular No. 3/3/2018 : Dated 5th July, 2017 •Inspector is the proper officer •Circular No. 41/15/2018 : Dated 13-04-2018 •Procedure

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Goods

LPG

Kerosene oil

Postal baggage

Pearls, stones and

precious metals

Currency

Jewellery

Used personal and

household effects

Coral

Annexure :: Cases for which E-way bill is not required

Page 44: GST India · CA Venugopal Gella Key Circulars •Circular No. 3/3/2018 : Dated 5th July, 2017 •Inspector is the proper officer •Circular No. 41/15/2018 : Dated 13-04-2018 •Procedure

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Document to be carried with goods in movement138A + 55A

44

Page 45: GST India · CA Venugopal Gella Key Circulars •Circular No. 3/3/2018 : Dated 5th July, 2017 •Inspector is the proper officer •Circular No. 41/15/2018 : Dated 13-04-2018 •Procedure

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• The person-in-charge shall carry • The invoice or bill of supply or delivery challan &

• A copy of the E-way bill in physical form or in electronic form or RFID

• For Imports – Bill of Entry

• Not Applicable• Goods by rail or by air or vessel

• The registered person shall produce • Form GST INV-1 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.

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

Page 46: GST India · CA Venugopal Gella Key Circulars •Circular No. 3/3/2018 : Dated 5th July, 2017 •Inspector is the proper officer •Circular No. 41/15/2018 : Dated 13-04-2018 •Procedure

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Inspection of goods in movementSec 68

Page 47: GST India · CA Venugopal Gella Key Circulars •Circular No. 3/3/2018 : Dated 5th July, 2017 •Inspector is the proper officer •Circular No. 41/15/2018 : Dated 13-04-2018 •Procedure

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Sec 68: Inspection of goods in movementSection 68 (1) : Carry eWayBill

• The Government may require the person in charge of a conveyance carrying anyconsignment of goods of value exceeding such amount as may be specified to carrywith him such documents and such devices as may be prescribed.

Section 68 (2) : Validation of eWay Bill• The details of documents required to be carried under sub-section (1) shall be

validated in such manner as may be prescribed.

Section 68 (3) : Production of Documents and Inspection• Where any conveyance referred to in sub-section (1) is intercepted by the proper

officer at any place, he may require the person in charge of the said conveyance toproduce the documents prescribed under the said sub-section and devices forverification, and the said person shall be liable to produce the documents and devicesand also allow the inspection of goods.

Page 48: GST India · CA Venugopal Gella Key Circulars •Circular No. 3/3/2018 : Dated 5th July, 2017 •Inspector is the proper officer •Circular No. 41/15/2018 : Dated 13-04-2018 •Procedure

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• By• The Commissioner or an officer empowered by him in this behalf

may • authorize the proper officer • To intercept any conveyance • to verify the e-way bill in physical or electronic form • for all inter-State and intra-State movement of goods.

• 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

Rule 138B: Verification of documents and conveyances

Page 49: GST India · CA Venugopal Gella Key Circulars •Circular No. 3/3/2018 : Dated 5th July, 2017 •Inspector is the proper officer •Circular No. 41/15/2018 : Dated 13-04-2018 •Procedure

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Report inspection in Part -A of Form GST

EWB-03

• Within 24hrs of inspection

Final Report in Part B of Form GST EWB-

03

• Within 3Days of inspection

Physical verification can be done only once during the

transit

• Specific information of Tax evasion has been obtained

Vehicle intercepted and detained for

>30mins

• Transporter may communicate in Form GST EWB-04

Rule 138C & 138D: Inspection and verification of goods, Vehicle detention

Page 50: GST India · CA Venugopal Gella Key Circulars •Circular No. 3/3/2018 : Dated 5th July, 2017 •Inspector is the proper officer •Circular No. 41/15/2018 : Dated 13-04-2018 •Procedure

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eWay Bill Data Flow TrailMOV Forms

Page 51: GST India · CA Venugopal Gella Key Circulars •Circular No. 3/3/2018 : Dated 5th July, 2017 •Inspector is the proper officer •Circular No. 41/15/2018 : Dated 13-04-2018 •Procedure

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https://mis.ewaybillgst.gov.in/

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Proper Officer may intercept any conveyance

Person-in-Charge to produce Document

Documents Available No issue

Else >>>

Record statement of the transporter in

Form GST MOV- 01

Issue an order for inspection of goods

in Form GST MOV- 02

Conclude proceedings in 3 days

of inspection

Extend time beyond 3 days in MOV-03 by

permission from Commissioner

On completion of proceedings, a report in Form GST MOV- 04

shall be updated

A summary report in EWB-03 part A within 24 hours of inspection

B Final report in EWB-03 part B within 3 days of inspection

MOV Flow Chart

Page 54: GST India · CA Venugopal Gella Key Circulars •Circular No. 3/3/2018 : Dated 5th July, 2017 •Inspector is the proper officer •Circular No. 41/15/2018 : Dated 13-04-2018 •Procedure

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No Discrepancy

Process an order in MOV-05 to be passed to Release the vehicle and the

goods

Discrepancy Found on Inspection

If needs to be detained issue Order GST MOV- 06

Tax amount along with penalty to be paid within 7

days

A notice levying the tax and penalty through Form MOV- 07 – Sec 129(3)

If paid, pass MOV-05 to release the goods

If objects to pay, the officer shall consider the objections and pass a speaking order in the said amount in Form MOV-09

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If tax is not paid within 7 Days, initiate action u/s 130 for

confiscation

Issue notice under MOV-10 for confiscation

Order of confiscation of goods and conveyance and demand of tax, fine and penalty in MOV-11

after taking into consideration by PIC and giving him Opportunity

of Being Heard

Once MOV 11 is passed, title of the goods is transferred to

Central Govt.

The tax amount + fine + penalty to be within 3 months

If the owner doesn’t pay in 3 months, Public Auction

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Penalties129 and 130

56

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Whose details are restricted from being furnished in Part A of EWB-01?

Composition taxpayer not furnished returns

for two consecutive tax periods

Other registered taxpayers not furnished

returns for two consecutive months

Rule 138E: Restrictions on furnishing of information in Part A of GST EWB-01

Commissioner may allow furnishing the said information.

“Commissioner” shall mean the jurisdictional commissioner in respect the persons

Page 58: GST India · CA Venugopal Gella Key Circulars •Circular No. 3/3/2018 : Dated 5th July, 2017 •Inspector is the proper officer •Circular No. 41/15/2018 : Dated 13-04-2018 •Procedure

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Unblock eWay Bill

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https://ewaybillgst.gov.in/ewb.html

1 2

3 4

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Manual Procedures – 138E Proviso• An application from a registered person in FORM GST EWB-05,

• Commissioner may• on sufficient cause being shown and for reasons to be recorded in writing,

• by order, in FORM GST EWB-06

• allow furnishing of the said information in PART A of FORM GST EWB 01,

• subject to such conditions and restrictions as may be specified by him

• In case application is rejected – Opportunity of being heard shall be given

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122 - Penalty for Certain OffencesWhere a taxable person who–

(i) ……………….

(ii) …………

(xviii) Supplies, transports or stores any goods which he has reasons to believe are liable to confiscation under this Act;

He shall be liable to pay a penalty of ten thousand rupees or an amount equivalent to the tax evaded

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Sec 129 Detention seizure, and release of goods Notwithstanding anything contained in this Act,

• where any person transports any goods or

• stores any goods while they are in transit

• in contravention of the provisions of this Act or the rules made thereunder,

• The following shall be liable to detention or seizure • all such goods and

• conveyance used as a means of transport for carrying the said goods and

• documents relating to such goods and conveyance

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Section 129(1) – Detention, Seizure, Release 129(1)(a) : If owner comes forward to pay –

• Taxable goods –on payment of applicable tax + penalty = 100% of tax payable

• Exempted Goods: amount equal to 2% of the value of goods or 25000/-,whichever is less.

129(1)(b) : If the owner of the goods does not come forward to pay• Taxable goods on payment of the applicable tax and penalty = 50% of value of

goods

• Exempted goods: amount equal to 5% of the value of goods or 25000/- ,whichever is less.

129(1)(c) : Alternatively• furnishing a security equivalent to the amount payable under clause (a) or

clause (b) in such form and manner as may be prescribed

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129(2) : Provisional Release of GoodsThe provisions of sec 67(6) shall, mutatis mutandis, apply for detentionand seizure of goods and conveyances.

Sec 67(6) read with Rule 140(1) and (2)This Section states that the seized goods shall be provisionally released uponexecution of a bond and furnishing security.

Bond and Security for Release of Seized Goods – Rule 140(1)1. The seized goods must be released on a provisional basis

2. Upon execution of a bond for the value of goods in form GST INS-04 and

3. Furnishing of a security in the form of a bank guarantee

4. Equivalent to the amount of tax, interest and penalty payable

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Failure to Produce Goods that were Provisionally Released – Rule 140(2)

1. Where the person to whom goods were released provisionally

2. Fails to produce the goods at the appointed date and place indicated by theproper officer

3. The security shall be encashed and adjusted against the tax, interest andpenalty in respect of such goods.

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Sec 129: Detention , Seizure and release of goods and conveyances in transit

129 (3) : Issue NoticeThe proper officer detaining or seizing goods or conveyances shall issue a noticespecifying the tax and penalty payable and thereafter, pass an order for paymentof tax and penalty under clause (a) or clause (b) or clause (c).

129 (4) : Opportunity of being HeardNo tax, interest or penalty shall be determined under sub-section (3) withoutgiving the person concerned an opportunity of being heard.

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Contd.. Sec 129

• 129 (5) : On Payment• On payment of amount referred in sub-section (1), all proceedings in respect

of the notice specified in sub-section (3) shall be deemed to be concluded.

• 129 (6) : Non - Payment• Where the person transporting any goods or the owner of the goods fails to

pay the amount of tax and penalty as provided in sub-section (1) within sevendays fourteen days of such detention or seizure, further proceedings shall beinitiated in accordance with the provisions of section 130:

• If detained or seized goods are perishable or hazardous in nature or are likelyto depreciate in value with passage of time, the said period of 14 days may bereduced by the proper officer

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Authority Decisions

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METRO INSTITUTES OF MEDICAL SCIENCES PVT LTD Vs STATE OF U.P.

• Migration Not Complete• Pending Migration of existing tax payers, issuance of provisional ID and a Password• failure of the Department to issue PW corresponding to correct the provisional ID –• the petitioner is unable to complete the process of migration

• the petitioner could not file returns or pay taxes,• generate the E-way bill and access various online services –

• The petitioner contention that for no fault of his but on account of laches at thehands of the competent authority the petitioner-company may suffer adversefinancial consequences which may be arbitrary –

• HELD –• the concerned respondent authority are directed to immediately issue a password to

the petitioner for completing migration process on the GST Portal for upload itsreturns and to deposit the due tax.

• It is further directed that the concerned respondent authority will allow the petitionerto complete migration to GST upon the receipt of such password as such issued to thepetitioner-company, in accordance with law - the writ petition is allowed

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IQRA ROADWAYS (INDIA) Vs STATE OF U.P. • validity and jurisdiction of detention and seizure of goods

• obligation to carry E-Way Bill – HELD – At the time of detention,• the detaining authority has clearly mentioned in the detention memo that the

necessary physical verification is required• as the E-Way Bill, which was produced, was not relevant as the date and time

mentioned have already expired –• the goods which were covered with the documents have already been released

by the respondent.• However, the goods which were not accompanied with proper documents have

been seized for which a notice under Section 129(3) of the U.P. G.S.T. Act hasbeen issued –

• it is directed that the goods and vehicle be released forthwith on payment ofthe amount of tax as has been indicated in the show cause notice - anyobservation of this order will not affect any of the proceedings which is to becarried out by the respondents - the writ petition is dismissed

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Bhushan Power & Steel Limited – Minor BreachAppellate Authority: Finds imposition of penalty for minor procedural lapse in e-way bill ‘harsh and unsustainable’

Facts• the goods accompanied by proper documents were transhipped into another vehicle at

Chandigarh and the vehicle no. was updated by the appellant and • e-way bill was valid at the time of transhipment of vehicle, • however, the validity of e-way expired on the midnight of the same day and vehicle was

inspected and detained; • The appellant was not given a reasonable opportunity to update the Part-A of e-way bill,• whereas Part- B was duly filled which puts to rest any doubts about intention of the appellant

to evade tax;• Remarks, Section 68 read with Rule 138-A, provides that ‘non-furnishing of information in Part

B 01 of FORM GST EWB -01 amounts to the e-way bill becoming not a valid document’;• Therefore, “It appears that e-way bill is invalid only if Part B of E-way bill is not filled or a

considerable time to update Part-A has gone by”;

Order :• Imposes a penalty of Rs. 1000 u/s 125 of CGST/HPGST Act r/w Rule 138(10)

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Neva Plantation Pvt. Ltd – Valuation• Appellate Authority: Sets-aside order citing improper valuation

methodology, imposes penalty for not carrying ‘valid documents’

• Facts• transporting goods without proper documents such as e-way bill in respect of

machinery sent for repairs outside the State;

• that goods sent in the conveyance were not for 'sale', the transaction has notax implications,

• Officer considered 9-month old invoice value for valuation of transaction.

• Adjudicating Authority has set-aside order passed by proper officer

• Also Directed for refund of tax & penalty deposited

• Order• Penalty of Rs. 10,000 levied stating that the taxpayer has violated provisions of

Section 122(1) of CGST Act/HPGST Act.

Page 73: GST India · CA Venugopal Gella Key Circulars •Circular No. 3/3/2018 : Dated 5th July, 2017 •Inspector is the proper officer •Circular No. 41/15/2018 : Dated 13-04-2018 •Procedure

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Other Cases• Godrej Consumer Products Ltd : Typographic error in entering distance in E-way

bill a minor lapse, sets aside order -

• Directs Revenue to consider Petitioner’s contention, allows goods release upon furnishing bank-guarantee Pact Machines Pvt. Ltd. vs. The Asst. State Tax Officer (Intelligence)

• Invoice and E-way bill showing different address, a clerical error, directs vehicle release M R Traders

• Vehicle number being hand written on E-Way Bill. Held there was no irregularity in transaction and seizure was not sustainable. MAA Vindhyavasini Tobacco Pvt. Ltd.

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Advance Ruling

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Sonkamal Enterprises Private LimitedQuery : Whether the procedure to raise the invoice from Mumbai HO for importsreceived at Haldia Port Kolkata where we do not have any separate GSTRegistration and Charge IGST from Mumbai to our Customers is correct? or do wehave to take separate Registration in the State of West Bengal for the belowmentioned transactions?

Ans: For this transaction NO separate registration in the state of West Bengal isrequired.

Query : If we do not need separate registration in west Bengal, can we do thetransaction on Mumbai HO GSTIN, then in case of issuance of e way bill is it correctto Mention the GSTIN of Mumbai and Dispatch place of Haldia Port ?

Ans: Answered in affirmative subject to following procedure and payment of taxes asper law.

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Sanjog Steels Pvt. Ltd.

Query

1) Whether the supply from M/s SSPL to M/s X on a "Bill to ship to "mode as perprovisions of Section 10(1)(b) of IGST Act, 2017 is permissible?

2) Whether as per the press note dated 23.04.2018 issued in relation to thetransactions of supply u/s 10(1)(b) of the IGST Act, 2017, the use of e-way bill inthe aforesaid facts in the column of "ship to "of ultimate customer M/s X ispermissible?

Ruling

1) The supply from M/s SSPL to M/s. X on a "Bill to Ship to" mode as per provisionsof section 10(1) (b) of IGST Act, 2017 is permissible.

2) The applicant can issue an e-way bill in which the 'bill to 'will be mentioned inthe name of M/s RSE/RPG whereas 'ship to 'would be in the name of finalcustomer i.e. M/s X.

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General Non Compliance• Delivery challan Raised no eway BiIl made

• Part deliveries / CKD / SKD requires eway Bill

• Stored goods in movement including when they are stored in the transporter's godown (even if the godown is located in the recipient taxpayer’s city/town) prior to delivery shall always be accompanied by a valid e-way bill.

Page 78: GST India · CA Venugopal Gella Key Circulars •Circular No. 3/3/2018 : Dated 5th July, 2017 •Inspector is the proper officer •Circular No. 41/15/2018 : Dated 13-04-2018 •Procedure

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Analytics• Vehicle Number

• Vehicle Type

• Registration state

• Movement Types

• Capacity

• Movement Ratio

• GSTR 1 vs GSTR 3B vs eWay Bill• Supplier Side

• Recipient Side

• Geographical Related Transaction Movement

Page 79: GST India · CA Venugopal Gella Key Circulars •Circular No. 3/3/2018 : Dated 5th July, 2017 •Inspector is the proper officer •Circular No. 41/15/2018 : Dated 13-04-2018 •Procedure

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Thank You

For Clarifications, mail [email protected]