Chapter - XVI of CGST Rules, 2017
E-WAY RULES
4[RULE 138. Information to be furnished prior to commencement of movement of goods and generation of e-way bill.- (corresponding section 68)
(1) Every registered person who causes movement of goods of consignment value exceeding fifty thousand rupees—
(i) in relation to a supply; or
(ii) for reasons other than supply; or
(iii) due to inward supply from an unregistered person,
shall, before commencement of such movement, furnish information relating to the said goods as specified in Part A of FORM GST EWB-01 , electronically, on the common portal along with such other information as may be required on the common portal and a unique number will be generated on the said portal:
Provided that the transporter, on an authorization received from the registered person, may furnish information in Part A of FORM GST EWB-01 , electronically, on the common portal along with such other information as may be required on the common portal and a unique number will be generated on the said portal:
Provided further that where the goods to be transported are supplied through an e-commerce operator or a courier agency, on an authorization received from the consignor, the information in Part A of FORM GST EWB-01 may be furnished by such e-commerce operator or courier agency and a unique number will be generated on the said portal:
Provided also that where goods are sent by a principal located in one State or Union territory to a job worker located in any other State or Union territory, the e-way bill shall be generated either by the principal or the job worker, if registered, irrespective of the value of the consignment:
Provided also that where handicraft goods are transported from one State or Union territory to another State or Union territory by a person who has been exempted from the requirement of obtaining registration under clauses (i) and (ii) of section 24, the e-way bill shall be generated by the said person irrespective of the value of the consignment.
Explanation 1. – 6[For the purposes of this rule, the expression "handicraft goods" has the meaning as assigned to it in the Government of India, Ministry of Finance, notification No. 56/2018-Central Tax, dated the 23rd October, 2018, published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i), vide number G.S.R 1056 (E), dated the 23rd October, 2018 as amended from time to time.]
[helldod old[For the purposes of this rule, the expression “handicraft goods” has the meaning as assigned to it in the Government of India, Ministry of Finance, notification No. 32/2017-Central Tax dated the 15th September, 2017 published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i), vide number G.S.R 1158 (E) dated the 15th September, 2017 as amended from time to time.]helldod]
Explanation 2. - For the purposes of this rule, the consignment value of goods shall be the value, determined in accordance with the provisions of section 15, declared in an invoice, a bill of supply or a delivery challan, as the case may be, issued in respect of the said consignment and also includes the central tax, State or Union territory tax, integrated tax and cess charged, if any, in the document and shall exclude the value of exempt supply of goods where the invoice is issued in respect of both exempt and taxable supply of goods.
(2) Where the goods are transported by the registered person as a consignor or the recipient of supply as the consignee, whether in his own conveyance or a hired one or a public conveyance, by road, the said person shall generate the e-way bill in FORM GST EWB-01 electronically on the common portal after furnishing information in Part B of FORM GST EWB-01.
(2A) Where the goods are transported by railways or by air or vessel, the e-way bill shall be generated by the registered person, being the supplier or the recipient, who shall, either before or after the commencement of movement, furnish, on the common portal, the information in Part B of FORM GST EWB-01:
Provided that where the goods are transported by railways, the railways shall not deliver the goods unless the e-way bill required under these rules is produced at the time of delivery.
(3) Where the e-way bill is not generated under sub-rule (2) and the goods are handed over to a transporter for transportation by road, the registered person shall furnish the information relating to the transporter on the common portal and the e-way bill shall be generated by the transporter on the said portal on the basis of the information furnished by the registered person in Part A of FORM GST EWB-01 :
Provided that the registered person or, the transporter may, at his option, generate and carry the e-way bill even if the value of the consignment is less than fifty thousand rupees:
Provided further that where the movement is caused by an unregistered 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 the common portal in the manner specified in this rule:
Provided also that where the goods are transported for a distance of upto fifty kilometers 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 recipient, or as the case may be, 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 e-way bill shall not be valid for movement of goods by road unless the information in Part-B of FORM GST EWB-01 has been furnished except in the case of movements covered under the third proviso to sub-rule (3) and the proviso to sub-rule (5).
(4) 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.
(5) Where the goods are transferred from one conveyance to another, the consignor or the recipient, who has provided information in Part A of the FORM GST EWB-01 , or the transporter shall, before such transfer and further movement of goods, update the details of conveyance in the e-way bill on the common portal in Part B of FORM GST EWB-01 :
Provided that where the goods are transported for a distance of upto fifty kilometers 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 the conveyance may not be updated in the e- way bill.
(5A) The consignor or the recipient, who has furnished the information in Part A of FORM GST EWB-01 , or the transporter, may assign the e-way bill number to another registered or enrolled transporter for updating the information in Part B of FORM GST EWB-01 for further movement of the consignment:
Provided that after the details of the conveyance have been updated by the transporter in Part B of FORM GST EWB-01 , the consignor or recipient, as the case may be, who has furnished the information in Part A of FORM GST EWB-01 shall not be allowed to assign the e-way bill number to another transporter.
(6) 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 electronically on the common 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.
(7) Where the consignor or the consignee has not generated the e-way bill in FORM GST EWB-01 and the aggregate of the consignment value of goods carried in the conveyance is more than fifty thousand rupees, the transporter, except in case of transportation of goods by railways, air and vessel, shall, in respect of inter-State supply, generate the e-way bill in 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:
Provided that where the goods to be transported are supplied through an e-commerce operator or a courier agency, the information in Part A of FORM GST EWB-01 may be furnished by such e-commerce operator or courier agency.
(8) 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 the details in FORM GSTR-1 :
Provided that when the information has been furnished by an unregistered supplier or an unregistered recipient in FORM GST EWB-01 , he shall be informed electronically, if the mobile number or the e-mail is available.
(9) 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 common portal within twenty four 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:
Provided further that the unique number generated under sub-rule (1) shall be valid for a period of fifteen days for updation of Part B of FORM GST EWB-01.
(10) 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, within the country, the goods have to be transported, as mentioned in column (2) of the said Table:-
Sl. No. | Distance | Validity period |
(1) | (2) | (3) |
1. | Upto 8[200 km] [helldod old[100 km.] helldod] | One day in cases other than Over Dimensional Cargo 7[or multimodal shipment in which at least one leg involves transport by ship] |
2. | For every 8[200 km] [helldod old[100 km.] helldod] or part thereof thereafter | One additional day in cases other than Over Dimensional Cargo7[or multimodal shipment in which at least one leg involves transport by ship] |
3. | Upto 20 km | One day in case of Over Dimensional Cargo7[or multimodal shipment in which at least one leg involves transport by ship] |
4. | For every 20 km. or part thereof thereafter | One additional day in case of Over Dimensional Cargo:7[or multimodal shipment in which at least one leg involves transport by ship] |
Provided that the Commissioner may, on the recommendations of the Council, by notification, extend the validity period of an e-way bill for certain categories of goods as may be specified therein:
Provided further that where, under circumstances of an exceptional nature, including trans-shipment, the goods cannot be transported within the validity period of the e-way bill, the transporter may extend the validity period after updating the details in Part B of FORM GST EWB-01, if required.
7[Provided
also that the validity of the e-way bill may be extended within eight hours from
the time of its expiry.]
Explanation 1. —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 the period expiring at midnight of the day immediately following the date of generation of e-way bill.
Explanation 2. — For the purposes of this rule, the expression “Over Dimensional Cargo” shall mean a cargo carried as a single indivisible unit and which exceeds the dimensional limits prescribed in rule 93 of the Central Motor Vehicle Rules, 1989, made under the Motor Vehicles Act, 1988 (59 of 1988).
(11) The details of the e-way bill generated under this rule shall be made available to the-
(a) supplier, if registered, where the information in Part A of FORM GST EWB-01 has been furnished by the recipient or the transporter; or
(b) recipient, if registered, where the information in Part A of FORM GST EWB-01 has been furnished by the supplier or the transporter,
on the common portal, and the supplier or the recipient, as the case may be, shall communicate his acceptance or rejection of the consignment covered by the e-way bill.
(12) Where the person to whom the information specified in sub-rule (11) has been made available does not communicate his acceptance or rejection within seventy two hours of the details being made available to him on the common portal, or the time of delivery of goods whichever is earlier, it shall be deemed that he has accepted the said details.
(13) 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.
(14) Notwithstanding anything contained in this rule, no e-way bill is required to be generated—
(a) where the goods being transported are specified in Annexure;
(b) where the goods are being transported by a non-motorised conveyance;
(c) where the goods are being transported from the customs port, airport, air cargo complex and land customs station to an inland container depot or a container freight station for clearance by Customs;
(d) in respect of movement of goods within such areas as are notified under clause (d) of sub-rule (14) of rule 138 of the State or Union territory Goods and Services Tax Rules in that particular State or Union territory;
(e) where the goods, other than de-oiled cake, being transported, are specified in the Schedule appended to notification No. 2/2017- Central tax (Rate) dated the 28th June, 2017 published in the Gazette of India, Extraordinary, Part II,
3, Sub-section (i), vide number G.S.R 674 (E) dated the 28th June, 2017 as amended from time to time;
(f) where the goods being transported are alcoholic liquor for human consumption, petroleum crude, high speed diesel, motor spirit (commonly known as petrol), natural gas or aviation turbine fuel;
(g) where the supply of goods being transported is treated as no supply under Schedule III of the Act;
(h) where the goods are being transported—
(i) under customs bond from an inland container depot or a container freight station to a customs port, airport, air cargo complex and land customs station, or from one customs station or customs port to another customs station or customs port, or
(ii) under customs supervision or under customs seal;
(i) where the goods being transported are transit cargo from or to Nepal or Bhutan;
(j) where the goods being transported are exempt from tax under notification No. 7/2017-Central Tax (Rate), dated 28th June 2017 published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i), vide number G.S.R 679(E)dated the 28th June, 2017 as amended from time to time and notification No. 26/2017- Central Tax (Rate), dated the 21st September, 2017 published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i), vide number G.S.R 1181(E) dated the 21st September, 2017 as amended from time to time;
(k) any movement of goods caused by defence formation under Ministry of defence as a consignor or consignee;
(l) where the consignor of goods is the Central Government, Government of any State or a local authority for transport of goods by rail;
(m) where empty cargo containers are being transported; and
(n) where the goods are being transported upto a distance of twenty kilometers from the place of the business of the consignor to a weighbridge for weighment or from the weighbridge back to the place of the business of the said consignor subject to the condition that the movement of goods is accompanied by a delivery challan issued in accordance with rule 55.
5[(o) where empty cylinders for packing of liquefied petroleum gas are being moved for reasons other than supply.]
Explanation. - The facility of generation, cancellation, updation and assignment of e-way bill shall be made available through SMS to the supplier, recipient and the transporter, as the case may be.
ANNEXURE
[(See rule 138 (14)]
S.No. | Description of Goods |
(1) | (2) |
1. | Liquefied petroleum gas for supply to household and non domestic exempted category (NDEC) customers |
2. | Kerosene oil sold under PDS |
3. | Postal baggage transported by Department of Posts |
4. | Natural or cultured pearls and precious or semi-precious stones; precious metals and metals clad with precious metal (Chapter 71) |
5. | Jewellery, goldsmiths’ and silversmiths’ wares and other articles (Chapter 71) |
6. | Currency |
7. | Used personal and household effects |
8. | Coral, unworked (0508) and worked coral (9601) |
] [helldod
old[3138. Information to be furnished prior to commencement of movement of goods and generation of e-way bill.-
(1) Every registered person who causes movement of goods of consignment value exceeding fifty thousand rupees—
(i) in relation to a supply; or
(ii) for reasons other than supply; or
(iii) due to inward supply from an unregistered person, shall, before commencement of such movement, furnish information relating to the said goods as specified in Part A of FORM GST EWB-01, electronically, on the common portal along with such other information as may be required at the common portal and a unique number will be generated on the said portal:
Provided that where goods are sent by a principal located in one State to a job worker located in any other State, the e-way bill shall be generated by the principal irrespective of the value of the consignment:
Provided further that where handicraft goods are transported from one State to another by a person who has been exempted from the requirement of obtaining registration under clauses (i) and (ii) of section 24, the e-way bill shall be generated by the said person irrespective of the value of the consignment.
Explanation 1. - For the purposes of this rule, the expression "handicraft goods" has the meaning as assigned to it in the Government of India, Ministry of Finance, notification No.32/2017-Central Tax dated the 15th September, 2017 published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i), vide number G.S.R 1158 (E) dated the 15th September, 2017 as amended from time to time.
Explanation 2.- For the purposes of this rule, the consignment value of goods shall be the value, determined in accordance with the provisions of section 15, declared in an invoice, a bill of supply or a delivery challan, as the case may be, issued in respect of the said consignment and also includes the central tax, State or Union territory tax, integrated tax and cess charged, if any, in the document.
(2) Where the goods are transported by the registered 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 electronically on the common portal after furnishing information in Part B of FORM GST EWB-01:
Provided that where the goods are transported by railways or by air or vessel, the e-way bill shall be generated by the registered person, being the supplier or the recipient, who shall furnish, on the common portal, the-
(a) information in Part B of FORM GST EWB-01; and
(b) the serial number and date of the Railway Receipt or the Air Consignment Note or Bill of Lading, as the case may be.
(3) Where the e-way bill is not generated under sub-rule (2) and the goods are handed over to a transporter for transportation by road, the registered person shall furnish the information relating to the transporter on the common portal and the e-way bill shall be generated by the transporter on the said portal on the basis of the information furnished by the registered person in Part A of FORM GST EWB-01:
Provided that the registered person or, the transporter, as the case may be may, at his option, generate and carry the e-way bill even if the value of the consignment is less than fifty thousand rupees:
Provided further that where the movement is caused by an unregistered 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 the common portal in the manner specified in this rule:
Provided also that where the goods are transported for a distance of less than ten kilometers 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 recipient, or as the case maybe, 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 e-way bill shall not be valid for movement of goods by road unless the information in Part-B of FORM GST EWB-01 has been furnished except in the case of movements covered under the third proviso to sub-rule (3) and the proviso to sub-rule (5).
(4) 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.
(5) Where the goods are transferred from one conveyance to another, the consigner or the recipient, who has provided information in Part- A of the FORM GST EWB-01, or the transporter 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 kilometers 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.
(5A) The consignor or the recipient, who has furnished the information in Part-A of FORM GST EWB-01, or the transporter, may assign the e-way bill number to another registered or enrolled transporter for updating the information in Part-B of FORM GST EWB-01 for further movement of consignment:
Provided that once the details of the conveyance have been updated by the transporter in Part B of FORM GST EWB-01, the consignor or recipient, as the case maybe, who has furnished the information in Part-A of FORM GST EWB-01 shall not be allowed to assign the e-way bill number to another transporter.
(6) 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 electronically on the common 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.
(7) Where the consignor or the consignee has not generated FORM GST EWB-01 in accordance with the provisions of sub-rule (1) and the value of goods carried in the conveyance is more than 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 maybe, and may also generate a consolidated e-way bill in FORM GST EWB-02 on the common portal prior to the movement of goods:
Provided that where the goods to be transported are supplied through an e-commerce operator, the information in Part A of FORM GST EWB-01 may be furnished by such e-commerce operator.
(8) 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 or an unregistered recipient in FORM GST EWB-01, he shall be informed electronically, if the mobile number or the e-mail is available.
(9) 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 common portal 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:
Provided further the unique number generated under sub-rule (1) shall be valid for 72 hours for updation of Part B of FORM GST EWB-01.
(10) 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, within the country, the goods have to be transported, as mentioned in column (2) of the said Table:-
Table
Sl. No. | Distance | Validity period |
(1) | (2) | (3) |
1. | Upto 100 km. | One day |
2. | For every 100 km. 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.
(11) The details of e-way bill generated under sub-rule (1) shall be made available to the-
(a) supplier, if registered, where the information in Part A of FORM GST EWB-01 has been furnished by the recipient or the transporter; or
(b) recipient, if registered, where the information in Part A of FORM GST EWB-01 has been furnished by the supplier or the transporter, on the common portal, and the supplier or the recipient, as the case maybe, shall communicate his acceptance or rejection of the consignment covered by the e-way bill.
(12) Where the person to whom the information specified in sub-rule (11) has been made available 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.
(13) 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) Notwithstanding anything contained in this rule, no e-way bill is required to be generated—
(a) where the goods being transported are specified in Annexure;
(b) where the goods are being transported by a non-motorised conveyance;
(c) 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;
(d) in respect of movement of goods within such areas as are notified under clause (d) of sub-rule (14) of rule 138 of the Goods and Services Tax Rules of the concerned State;
(e) where the goods, other than de-oiled cake, being transported are specified in the Schedule appended to notification No. 2/2017- Central tax (Rate) dated the 28th June, 2017 published in the Gazette of India, Extraordinary, Part II, Section 3, Subsection (i), vide number G.S.R 674 (E) dated the 28t June, 2017 as amended from time to time;
(f) where the goods being transported are alcoholic liquor for human consumption, petroleum crude, high speed diesel, motor spirit (commonly known as petrol), natural gas or aviation turbine fuel; and
(g) where the goods being transported are treated as no supply under Schedule III of the Act.
Explanation. - The facility of generation and cancellation of e-way bill may also be made available through SMS.
ANNEXURE [(See rule 138 (14)] |
|
S. No. | Description of Goods |
(1) | (2) |
1. | Liquefied petroleum gas for supply to household and non domestic exempted category (NDEC) customers |
2. | Kerosene oil sold under PDS |
3. | Postal baggage transported by Department of Posts |
4. | Natural or cultured pearls and precious or semi-precious stones; precious metals and metals clad with precious metal (Chapter 71) |
5. | Jewellery, goldsmiths' and silversmiths' wares and other articles (Chapter 71) |
6. | Currency |
S. No. | Description of Goods |
(1) | (2) |
7. | Used personal and household effects |
8. | Coral, unworked (0508) and worked coral (9601) |
]] helldod] [helldod
old[1[“138.
Information to be furnished prior to commencement of movement of goods and
generation of e-way bill.- (1) Every registered person who causes movement of
goods of consignment value exceeding fifty thousand rupees—
(i)
in relation to a supply; or
(ii)
for reasons other than supply; or
(iii)
due to inward supply from an unregistered person,
2.[“Provided that where goods are sent by a principal located in one State to a jobworker located in any other State, the e-way bill shall be generated by the principal irrespective of the value of the consignment:
Provided further that where handicraft goods are transported from one State to another by a person who has been exempted from the requirement of obtaining registration under clauses (i) and (ii) of section 24, the e-way bill shall be generated by the said person irrespective of the value of the consignment.
Explanation – For the purposes of this rule, the expression “handicraft goods” has the meaning as assigned to it in the Government of India, Ministry of Finance, notification No.32/2017-Central Tax dated 15.09.2017 published in the Gazette vide number G.S.R 1158 (E) .”]
(2) Where the goods are
transported by the registered 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 electronically on the
common portal after furnishing information in Part B of
FORM GST
EWB-01
(3) Where the e-way bill is not generated under sub-rule (2) and
the goods are handed over to a transporter for transportation by road, the
registered person shall furnish the information relating to the transporter in
Part B of
FORM GST
EWB-01 on the common
portal and the e-way bill shall be generated by the transporter on the said
portal on the basis of the information furnished by the registered person in
Part A of
FORM GST
EWB-01
Provided further that where the movement is caused by an unregistered 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 the common portal in the manner specified in this rule:
Provided also 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 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.
(4)
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.
(5) 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.
(6) 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 electronically on the
common 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.
(7) Where the consignor or the consignee has not generated
FORM GST
EWB-01 in accordance with the
provisions of sub-rule (1) and the value of goods carried in the conveyance is
more than 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.
(8) 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.
(9) 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 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.
(10)
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:
Table
Sr. no. |
Distance |
Validity period |
(1) |
(2) |
(3) |
1. |
Upto 100 km |
One day |
2. |
For every 100 km 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.
(11)
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.
(12)
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.
(13)
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)
Notwithstanding anything contained in this rule, no e-way bill is required to be
generated—
(a) where the
goods being transported are specified in Annexure;
(b) where the
goods are being transported by a non-motorised conveyance;
(c)
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
(d) in respect of
movement of goods within such areas as are notified under clause
Explanation. - The facility of generation and cancellation of e-way bill may also be made available through SMS.
ANNEXURE
[(See
rule 138 (14)]
S. No. |
Chapter
or Heading or Sub-heading or Tariff item |
Description
of Goods |
(1) |
(2) |
(3) |
1. |
0101 |
Live asses, mules
and hinnies |
2. |
0102 |
Live bovine animals |
3. |
0103 |
Live swine |
4. |
0104 |
Live sheep and goats |
5. |
0105 |
Live poultry, that
is to say, fowls of the species Gallus domesticus, ducks, geese, turkeys
and guinea fowls. |
6. |
0106 |
Other live animal
such as Mammals, Birds, Insects |
7. |
0201 |
Meat of bovine
animals, fresh and chilled. |
8. |
0202 |
Meat of bovine
animals frozen [other than frozen and put up in unit |
9. |
0203 |
Meat of swine,
fresh, chilled or frozen [other than frozen and put up in |
10. |
0204 |
Meat of sheep or
goats, fresh, chilled or frozen [other than frozen and |
11. |
0205 |
Meat of horses,
asses, mules or hinnies, fresh, chilled or frozen [other than frozen and
put up in unit container] |
12. |
0206 |
Edible offal of
bovine animals, swine, sheep, goats, horses, asses, |
13. |
0207 |
Meat and edible
offal, of the poultry of heading 0105, fresh, chilled or |
14. |
0208 |
Other meat and
edible meat offal, fresh, chilled or frozen [other than |
15. |
0209 |
Pig fat, free
of lean meat, and poultry fat, not rendered or otherwise extracted,
fresh, chilled or frozen [other than frozen and put up in unit
container] |
16. |
0209 |
Pig fat, free
of lean meat, and poultry fat, not rendered or otherwise extracted,
salted, in brine, dried or smoked [other than put up in unit |
17. |
0210 |
Meat and edible
meat offal, salted, in brine, dried or smoked; edible flours and meals
of meat or meat offal, other than put up in unit |
18. |
3 |
Fish seeds,
prawn / shrimp seeds whether or not processed, cured or in frozen state
[other than goods falling under Chapter 3 and attracting |
19. |
0301 |
Live fish. |
20. |
0302 |
Fish, fresh or
chilled, excluding fish fillets and other fish meat of |
21. |
0304 |
Fish fillets and
other fish meat (whether or not minced), fresh or |
22. |
0306 |
Crustaceans,
whether in shell or not, live, fresh or chilled; crustaceans, in shell,
cooked by steaming or by boiling in water live, fresh or chilled. |
23. |
0307 |
Molluscs,
whether in shell or not,
live, fresh, chilled; aquatic |
24. |
0308 |
Aquatic
invertebrates other than crustaceans and molluscs, live, fresh |
25. |
0401 |
Fresh milk and
pasteurised milk, including separated milk, milk and cream, not
concentrated nor containing added sugar or other |
26. |
0403 |
Curd; Lassi; Butter
milk |
27. |
0406 |
Chena or paneer,
other than put up in unit containers and bearing a |
28. |
0407 |
Birds' eggs, in
shell, fresh, preserved or cooked |
29. |
0409 |
Natural honey, other
than put up in unit container and bearing a registered brand name |
30. |
0501 |
Human hair, unworked,
whether or not washed or scoured; waste of |
31. |
0506 |
All
goods i.e. Bones and horn-cores, unworked, defatted, simply prepared
(but not cut to shape), treated with acid or gelatinised; powder |
32. |
0507 90 |
All goods i.e. Hoof
meal; horn meal; hooves, claws, nails and beaks; |
33. |
0511 |
Semen including
frozen semen |
34. |
6 |
Live trees and other
plants; bulbs, roots and the like; cut flowers and |
35. |
0701 |
Potatoes, fresh or
chilled. |
36. |
0702 |
Tomatoes, fresh or
chilled. |
37. |
0703 |
Onions, shallots,
garlic, leeks and other alliaceous vegetables, fresh or |
38. |
0704 |
Cabbages,
cauliflowers, kohlrabi, kale and similar edible brassicas, |
39. |
0705 |
Lettuce (Lactuca
sativa) and chicory (Cichorium spp.), fresh or chilled. |
40. |
0706 |
Carrots, turnips,
salad beetroot, salsify, celeriac, radishes and similar |
41. |
0707 |
Cucumbers and
gherkins, fresh or chilled. |
42. |
0708 |
Leguminous
vegetables, shelled or unshelled, fresh or chilled. |
43. |
0709 |
Other vegetables,
fresh or chilled. |
44. |
0712 |
Dried vegetables,
whole, cut, sliced, broken or in powder, but not |
45. |
0713 |
Dried leguminous
vegetables, shelled, whether or not skinned or split. |
46. |
0714 |
Manioc,
arrowroot, salep, Jerusalem artichokes, sweet potatoes and similar roots
and tubers with high starch or inulin content, fresh or |
47. |
0801 |
Coconuts, fresh or
dried, whether or not shelled or peeled |
48. |
0801 |
Brazil nuts, fresh,
whether or not shelled or peeled |
49. |
0802 |
Other
nuts, Other nuts, fresh such as Almonds, Hazelnuts or filberts (Coryius
spp.), walnuts, Chestnuts (Castanea spp.), Pistachios, Macadamia nuts,
Kola nuts (Cola spp.), Areca nuts, fresh, whether or |
50. |
0803 |
Bananas, including
plantains, fresh or dried |
51. |
0804 |
Dates, figs,
pineapples, avocados, guavas, mangoes and mangosteens, |
52. |
0805 |
Citrus
fruit, such as Oranges, Mandarins (including tangerines and satsumas);
clementines, wilkings and similar citrus hybrids, Grapefruit, including
pomelos, Lemons (Citrus limon, Citrus limonum) and limes |
53. |
0806 |
Grapes, fresh |
54. |
0807 |
Melons (including
watermelons) and papaws (papayas), fresh. |
55. |
0808 |
Apples, pears and
quinces, fresh. |
56. |
0809 |
Apricots, cherries,
peaches (including nectarines), plums and sloes, |
57. |
0810 |
Other
fruit such as strawberries, raspberries, blackberries, mulberries and loganberries, black, white or red currants and gooseberries,
cranberries, bilberries and other fruits of the genus vaccinium, Kiwi
fruit, Durians, Persimmons, Pomegranates, Tamarind, Sapota (chico), |
58. |
0814 |
Peel of citrus fruit
or melons (including watermelons), fresh. |
59. |
9 |
All goods of seed
quality |
60. |
0901 |
Coffee beans, not
roasted |
61. |
0902 |
Unprocessed green
leaves of tea |
62. |
0909 |
Seeds of anise,
badian, fennel, coriander, cumin or caraway; juniper |
63. |
0910
11 10 |
Fresh ginger, other
than in processed form |
64. |
0910
30 10 |
Fresh turmeric,
other than in processed form |
65. |
1001 |
Wheat and meslin [other than those put up
in unit container and bearing a registered brand name] |
66. |
1002 |
Rye [other than
those put up in unit container and bearing a registered |
67. |
1003 |
Barley [other than
those put up in unit container and bearing a |
68. |
1004 |
Oats [other than
those put up in unit container and bearing a registered |
69. |
1005 |
Maize (corn) [other
than those put up in unit container and bearing a |
70. |
1006 |
Rice [other than
those put up in unit container and bearing a registered |
71. |
1007 |
Grain sorghum [other
than those put up in unit container and bearing a |
72. |
1008 |
Buckwheat,
millet and canary seed; other cereals such as Jawar, Bajra, Ragi] [other
than those put up in unit container and bearing a registered brand name] |
73. |
1101 |
Wheat or meslin
flour [other than those put up in unit container and |
74. |
1102 |
Cereal flours other
than of wheat or meslin, [maize (corn) flour, Rye |
75. |
1103 |
Cereal groats, meal
and pellets [other than those put up in unit |
76. |
1104 |
Cereal grains hulled |
77. |
1105 |
Flour, of potatoes
[other than those put up in unit container and bearing |
78. |
1106 |
Flour,
of the dried leguminous vegetables of heading 0713 (pulses) [other than
guar meal 1106 10 10 and guar gum refined split 1106 10 90], of sago or
of roots or tubers of heading 0714 or of the products of |
79. |
12 |
All goods of seed
quality |
80. |
1201 |
Soya beans, whether
or not broken, of seed quality. |
81. |
1202 |
Ground-nuts, not
roasted or otherwise cooked, whether or not shelled |
|
or broken, of seed
quality. |
|
82. |
1204 |
Linseed, whether or
not broken, of seed quality. |
83. |
1205 |
Rape or colza seeds,
whether or not broken, of seed quality. |
84. |
1206 |
Sunflower seeds,
whether or not broken, of seed quality. |
85. |
1207 |
Other
oil seeds and oleaginous fruits (i.e. Palm nuts and kernels, cotton
seeds, Castor oil seeds, Sesamum seeds, Mustard seeds, Saffower (Carthamustinctorius)
seeds, Melon seeds, Poppy seeds, Ajams, Mango kernel, Niger seed,
Kokam) whether or not broken, of seed |
86. |
1209 |
Seeds, fruit and
spores, of a kind used for sowing. |
87. |
1210 |
Hop cones, fresh. |
88. |
1211 |
Plants and
parts of plants (including seeds and fruits), of a kind used primarily
in perfumery, in pharmacy or for insecticidal, fungicidal or |
89. |
1212 |
Locust beans, seaweeds and other algae,
sugar beet and sugar cane, fresh or chilled. |
90. |
1213 |
Cereal straw and
husks, unprepared, whether or not chopped, ground, |
91. |
1214 |
Swedes,
mangolds, fodder roots, hay, lucerne (alfalfa), clover, sainfoin,
forage kale, lupines, vetches and similar forage products, |
92. |
1301 |
Lac and Shellac |
93. |
1404 90 40 |
Betel leaves |
94. |
1701 or 1702 |
Jaggery of all types
including Cane Jaggery (gur) and Palmyra Jaggery |
95. |
1904 |
Puffed
rice, commonly known as Muri, flattened or beaten rice, commonly known
as Chira, parched rice, commonly known as khoi, parched paddy or rice
coated with sugar or gur, commonly known as |
96. |
1905 |
Pappad |
97. |
1905 |
Bread (branded or
otherwise), except pizza bread |
98. |
2201 |
Water [other than
aerated, mineral, purified, distilled, medicinal, ionic, |
99. |
2201 |
Non-alcoholic Toddy,
Neera including date and palm neera |
100. |
2202 90 90 |
Tender coconut water
other than put up in unit container and bearing a |
101. |
2302, 2304, 2305, 2306, 2308, 2309 |
Aquatic feed
including shrimp feed and prawn feed, poultry feed and cattle feed,
including grass, hay and straw, supplement andhusk of |
102. |
2501 |
Salt, all types |
103. |
2835 |
Dicalcium phosphate
(DCP) of animal feed grade conforming to IS specification No.5470 : 2002 |
104. |
3002 |
Human Blood and its
components |
105. |
3006 |
All types of
contraceptives |
106. |
3101 |
All goods and
organic manure [other than put up in unit containers and |
107. |
3304 |
Kajal [other than
kajal pencil sticks], Kumkum, Bindi, Sindur, Alta |
108. |
3825 |
Municipal waste,
sewage sludge, clinical waste |
109. |
3926 |
Plastic bangles |
110. |
4014 |
Condoms and
contraceptives |
111. |
4401 |
Firewood or fuel
wood |
112. |
4402 |
Wood charcoal
(including shell or nut charcoal), whether or not |
113. |
4802
/ 4907 |
Judicial,
Non-judicial stamp papers, Court fee stamps when sold by the Government
Treasuries or Vendors authorised by the Government |
114. |
4817
/ 4907 |
Postal items, like
envelope, Post card etc., sold by Government |
115. |
48
/ 4907 |
Rupee notes when
sold to the Reserve Bank of India |
116. |
4907 |
Cheques, lose or in
book form |
117. |
4901 |
Printed books,
including Braille books |
118. |
4902 |
Newspapers, journals
and periodicals, whether or not illustrated or |
119. |
4903 |
Children's picture,
drawing or colouring books |
120. |
4905 |
Maps and
hydrographic or similar charts of all kinds, including atlases, wall
maps, topographical plans and globes, printed |
121. |
5001 |
Silkworm laying,
cocoon |
122. |
5002 |
Raw silk |
123. |
5003 |
Silk waste |
124. |
5101 |
Wool, not carded or
combed |
125. |
5102 |
Fine or coarse
animal hair, not carded or combed |
126. |
5103 |
Waste of wool or of
fine or coarse animal hair |
127. |
52 |
Gandhi Topi |
128. |
52 |
Khadi yarn |
129. |
5303 |
Jute fibres, raw or
processed but not spun |
130. |
5305 |
Coconut, coir fibre |
131. |
63 |
Indian National Flag |
132. |
6703 |
Human hair, dressed,
thinned, bleached or otherwise worked |
133. |
6912
00 40 |
Earthen pot and clay
lamps |
134. |
7018 |
Glass bangles
(except those made from precious metals) |
135. |
8201 |
Agricultural
implements manually operated or animal driven i.e. Hand tools, such as
spades, shovels, mattocks, picks, hoes, forks and rakes; axes, bill
hooks and similar hewing tools; secateurs and pruners of any kind;
scythes, sickles, hay knives, hedge shears, timber wedges and |
136. |
8445 |
Amber charkha |
137. |
8446 |
Handloom [weaving
machinery] |
138. |
8802
60 00 |
Spacecraft
(including satellites) and suborbital and spacecraft launch |
139. |
8803 |
Parts of goods of
heading 8801 |
140. |
9021 |
Hearing aids |
141. |
92 |
Indigenous handmade
musical instruments |
142. |
9603 |
Muddhas made of
sarkanda and phool bahari jhadoo |
143. |
9609 |
Slate pencils and
chalk sticks |
144. |
9610
00 00 |
Slates |
145. |
9803 |
Passenger baggage |
146. |
Any
chapter |
Puja samagri
namely,- (i)
Rudraksha, rudraksha mala, tulsikanthi mala, panchgavya (mixture of
cowdung, desi ghee, milk and curd); (ii)
Sacred thread (commonly known as yagnopavit); (iii)
Wooden khadau; (iv)
Panchamrit, (v)
Vibhuti sold by religious institutions, (vi)
Unbranded honey (vii)
Wick for diya. (viii)
Roli (ix)
Kalava (Raksha sutra) (x)
Chandantika |
147. |
|
Liquefied petroleum gas for supply to
household and non domestic exempted category (NDEC) customers |
148. |
|
Kerosene oil sold
under PDS |
149. |
|
Postal baggage
transported by Department of Posts |
150. |
|
Natural
or cultured pearls and precious or semi-precious stones; precious metals
and metals clad with precious metal (Chapter |
151. |
|
Jewellery,
goldsmiths’ and silversmiths’ wares and other |
152. |
|
Currency |
153. |
|
Used personal and
household effects |
154. |
|
Coral, unworked (0508) and worked coral (9601); |
RULE 138. E-way rule.- (corresponding section 68)
old[Till such time as an E-way bill system is developed and approved by the Council, the Government may, by notification, specify the documents that the person in charge of a conveyance carrying any consignment of goods shall carry while the goods are in movement or in transit storage.]] helldod]
1.Substitute vide:-Notification No.27/2017-Central Tax ,Dated 30/08/2017-[Para 2(i)]
2.Inserted Vide:-Notification No. 34/2017-Central Tax, Dated 15/09/2017-[Para-7]
3.Substituted Vide :- Notification No. 03/2018-Central Tax, Dated 23/01/2018-[Para-2(xi)]
4.Substituted Vide:- Notification No. 12/2018-Central Tax, Dated 07/03/2018-[Para 2(ii)]
5.Inserted Vide:-Notification No. 26/2018-Central Tax, Dated 13/06/2018-[Para 2(vii)]
6.Substituted Vide:- Notification No. 74/2018- Central Tax, Dated 31/12/2018-[Para 11]
7.Inserted vide: Notification No.31/2019-Central Tax ,Dt. 28/06/2019-[Para 18].
8.Substituted Vide:- Notification No. 94/2020-Central Tax, Dated 22/12/2020-[Para 10]