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In this article, we will discuss few Eway bill compliance highlights and also understand how a transporter should deal with practical issues around managing eway bills on case-to-case basis along with the overall impact on transport & logistics operators.
29th August 2021
From 1st May 2021 to 18th August 2021, the taxpayers will not face blocking of e-way bills for non-filing of GSTR-1 or GSTR-3B (two months or more for monthly filer and one quarter or more for QRMP taxpayers) for March 2021 to May 2021.
4th August 2021
Blocking of e-way bills due to non-filing of GSTR-3B resumes from 15th August 2021.
1st June 2021
1. The e-way bill portal, in its release notes, has clarified that a suspended GSTIN cannot generate an e-way bill. However, a suspended GSTIN as a recipient or as a transporter can get a generated e-way bill.
2. the mode of transport ‘Ship’ has now been updated to ‘Ship/Road cum Ship’ so that the user can enter a vehicle number where goods are initially moved by road and a bill of lading number and date for movement by ship. This will help in availing the ODC benefits for movement using ships and facilitate the updating of vehicle details as and when moved on road.
18th May 2021
The CBIC in Notification 15/2021-Central Tax has notified that the blocking of GSTINs for e-Way Bill generation is now considered only for the defaulting supplier’s GSTIN and not for the defaulting recipient or the transporter’s GSTIN.
17th March 2021
1. The e-way bills portal has released an update stating that e-way bills cannot be generated with only SAC codes (99) for services. There should be a minimum of one HSN code belonging to goods mentioned mandatorily.
2. Vehicle type ODC is provisioned for transport mode ‘Ship’.
3. Transporters are provided with a report of e-way bills based on the assigned date.
22nd December 2020
1. The CBIC increased the distance per day in case of goods transported through vehicles, other than the over-dimensional cargo, for determining the validity, as follows:
(a) It is one day – For a distance of up to 200 km as against earlier 100 km
(b) An additional day is taken- For every additional 200 km or part thereof, as against previously notified additional 100 km or part thereof
2. Regarding blocking of the e-way bill where a taxpayer fails to file GSTR-3B, the provision has been amended to replace two or more months with two or more tax periods. The same has been changed to include the quarterly return filers.
16th November 2020
1. According to Rule 138E (a) and (b) of the CGST Rules, 2017, the e-way bill generation facility of a taxpayer will be restricted, if the taxpayer fails to file their Form GSTR-3B returns or statement in Form GST CMP-08, for tax periods of two or more.
2. On 1st December 2020, the system will check the status of returns filed in Form GSTR-3B or the statements filed in Form GST CMP-08, for the class of taxpayers to whom it applies, and restrict the generation of e-way bill in case of:
(a) Non-filing of two or more returns in Form GSTR-3B for the months up to October 2020; and
(b) Non-filing of two or more statements in Form GST CMP-08 for the quarters up to July to September 2020
3. From 1st December 2020 onwards, blocking of e-way bill generation facilities would be made applicable to all taxpayers, irrespective of their Aggregate Annual Turnover (AATO), according to the terms of Rule 138E (a) and (b) of the CGST Rules, 2017.
4. The blocking will take place periodically from 1st December 2020 onwards.
5. To continue generating e-way bill on the e-way bill portal, taxpayers are advised to file their pending GSTR-3B returns/GST CMP-08 statements immediately.
In Karnataka, under the concept of e-Delivery Note, the law mandated every dealer to inform the department about a goods movement transaction (bulk) prior to the commencement of the goods movement, as against the old practice of dealers moving the goods first and then informing the department later, on a periodic basis. Since printouts were, difficult to obtain by some dealers, the e-Delivery Note process was reformed to e-SUGAM. So, the onus of Waybills was upon the dealers and not the transporters.
Under e-SUGAM, the system on receipt of transaction details of goods being transported of a value exceeding Rs 25,000 from the dealer, validates and generates a unique number as an acknowledgment, called the E-SUGAM number. This number and the E-sugam form then becomes the passport for the transport vehicle at the check-post. Similarly, each state had its own format of declaration forms, permits, and waybills.
Refer below table for a quick guide to determine validity –
|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|
11. Where the goods are transported for a distance of less than fifty kilometers within the State from the place of business of consignor to the place of the transporter for further transportation, then the vehicle number is not mandatory. Similarly when the movement of goods from the place of business of transporter to the place of business of consignee is less than 50 KM within the State then vehicles details is not mandatory.
12. As per provision 138(7), E Way bill needs to 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 the aggregate of all Invoices in a vehicle/ Conveyance). However as per latest update as on 23rd March 2018, until a date is notified, a transporter need not generate an e way bill where the consignment individually is less than or equal to 50000 but in the aggregate exceeds 50000.
13. Empty carriers or vehicles do not require E way bills as there is no movement of goods and no value is associated. Also, it is not necessary to generate E way bills when empty cargo containers are being transported. One of the key achievements of the e-way bill will surely be the effective dissolution of state borders. The amount of time wasted at state borders to validate documents with regards to inter-state movements of goods was a hindrance to any business which dared to spread its wings, beyond its home state.