E way Bill Rules & Generation Process

  • May 10, 2021
  • GST
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An e-way bill is an electronic medium to generate way bill for the movement of goods. It has to be generated on the e-way bill portal. A GST registered person cannot transport goods in a vehicle without an e-way bill, if the value of goods exceeds Rs 50,000. An e-way bill ensures that the goods are transported as per the GST norms and the actual data is uploaded on the portal before the commencement of transportation of goods. This is a means or a way to track the movement of goods and avoid tax evasion.

Table of Content

When should E-Way Bill be generated?

E-Way bill should be generated when there is a movement of goods in a vehicle/ conveyance of value more than Rs. 50,000 (either each Invoice or in aggregate of all invoices in a vehicle/conveyance) –

  • In relation to a ‘supply’
  • For reasons other than a ‘supply’ ( say a return)
  • Due to inward ‘supply’ from an unregistered person

For this purpose, a supply may be either of the following:

  • A supply made for a consideration (payment) in the course of business
  • A supply made for a consideration (payment) which may not be in the course of business
  • A supply without consideration (without payment)In simpler terms,  the term ‘supply’ usually means :
  • Sale – sale of goods and payment made
  • Transfer – branch transfers for instance
  • Barter/Exchange – where the payment is by goods instead of in money

Therefore, E-Way Bills must be generated on the online portal for all these types of movements. For certain specified Goods as prescribed, the E-way bill has to be generated mandatorily even if the value of the consignment of Goods is less than Rs. 50,000:

  1. Inter-State movement of Goods by the Principal to the Job-worker by Principal/ registered Job-worker.
  2. Inter-State Transport of Handicraft goods by a dealer exempted from GST registration

Who should generate a E-Way Bill?

The E-way bill should be generated by following:

  • Registered Person – E-Way bill must be issued if there’s a movement of goods for a value exceeding over Rs. 50,000 to or from a registered person through a vehicle/ conveyance. A   Registered person or the transporter can also generate and carry e-way bill even if the worth of goods is less than Rs 50,000.
  • Unregistered Person – Unregistered persons are required to generate e-Way Bill. However, where an offer is made by an unregistered person to a registered person, the receiver should ensure that all the compliances are met as if they were the provider.
  • Transporter – If the provider has not generated an e-Way Bill then transporter carrying goods   by road, air, rail, etc. have to be compelled to generate e-Way Bill.

Note: If a transporter is transporting over one consignment during a single conveyance, they’ll use the form GST EWB-02 to supply a consolidated e-way bill, by providing the e-way bill numbers of every consignment. If both the consignor and the consignee haven’t created an e-way bill, then the transporter will generate an e-way bill by filling out PART A of FORM GST EWB-01 on the idea of the invoice/bill of supply/delivery challan given to them.

E way Bill Rules & Generation Process

What are the cases when E-Way bill is not required?

The cases wherever it’s not necessary to get e-Way Bill are as follows:

  • The mode of transport is non-motor vehicle
  • Goods transported from Customs port, airport, air cargo complex or land customs station to Inland Container Depot (ICD) or Container Freight Station (CFS) for clearance by Customs.
  • Goods transported under Customs supervision or under customs seal
  • Goods transported under Customs Bond from ICD to Customs port or from one custom station to another.
  • Transit cargo transported to or from Nepal or Bhutan
  • Movement of goods caused by defense formation under Ministry of defense as a consignor or consignee
  • Empty Cargo containers are being transported
  • Consignor transporting goods to or from between place of business and a weighbridge for weighment at a distance of 20 kms, accompanied by a Delivery challan.
  • Goods being transported by rail where the Consignor of goods is the Central Government, State Governments or a local authority.
  • Goods specified as exempt from E-Way bill requirements in the respective State/Union territory GST Rules.
  • Transport of certain specified goods- Includes the list of exempt supply of goods; Annexure to Rule 138(14), goods treated as no supply as per Schedule III, Certain schedule to Central tax Rate notifications.
  • Note: Part B of E-Way Bill isn’t needed to be filled wherever the gap between the consigner or consignee and therefore the transporter is less than fifty Kms and transport is among the identical state.

Validity of E-Way Bill

Validity of an E-way bill is predicated on the gap travelled by the goods. Validity of an E-way bill is computed from the date and time of generation-

Type of conveyance Distance Validity of EWB
Other than Over dimensional cargo Less Than 100 Kms 1 Day
For every additional 100 Kms or part thereof Additional 1 Day  
For Over dimensional cargo Less Than 20 Kms 1 Day
For every additional 20 Kms or part thereof additional 1 Day  

The validity of an E-way bill can be extended. The E-way bill has to be generated either four hours before expiration or within the timespan of four hours after it’s expiration to increase the E-way bill validity.

What are the documents required to get E-Way Bill?

The following documents are required to generate E-way bill:

  • Invoice/ Bill of Supply/ Challan associated with the consignment of goods
  • Transport by road – Transporter ID or Vehicle number
  • Transport by rail, air, or ship – Transporter ID, Transport document number, and date on the        document

Takeaway

E-way Bill Generation was introduced to eliminate the tax evasions and have transparency in the market related to supply of goods from one place to another. One has to generate the E-way Bill once he crosses the threshold limit or the criteria as specified under the Act. For generation of E-way you may contact our team at Admin@legalwindow.in

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