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Chapter XVI E-way Rules

Chapter XVI E-way Rules

07-03-2021-State Tax
84-3-2021 RATE
Corrigendum to Circular No. 102/21/2019-GST

1[138. Information to be furnished prior to commencement of movement of goods and generation of e-way bill. — (1) Every Every

1 This rule was substituted by Notification No. GST-1018/C.R.04/Taxation-1, (Notification No. 12/2018, Second Amendment-2018), dated 31st March 2018, (w.e.f. 1st April 2018 ).

138. Information to be furnished prior to commencement of movement of goods and generation of e-way bill.-

  • Every registered person who causes movement of goods of consignment value exceeding fifty thousand rupees—
    • in relation to a supply ; or
    • for reasons other than supply ; or
    • 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 alongwith 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 Maharashtra, Finance Department, notification No. 32/2017- State Tax, dated the 18th September 2017, vide number MGST. 1017/C.R.-165 (2)/Taxation-1, published in the Maharashtra Government Gazette, Extraordinary No. 293, Part IV B, dated the 21st 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.

  • 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.—

  • information in Part B of FORM GST EWB-01; and
  • the serial number and date of the Railway Receipt or the Air Consignment Note or Bill of Lading, as the case may be.
  • 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 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).

  • 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.
  • 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.

  • 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.
  • 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.

  • 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.

  • 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.

  • 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

Sr. No.DistanceValidity period
(1)(2)(3)
1.Upto 100 km.One day
2.For every 100 km. or part thereof thereafterOne 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.

  • The details of e-way bill generated under sub-rule (1) shall be made available to the-
  • supplier, if registered, where the information in Part A of FORM GST EWB-01 has been furnished by the recipient or the transporter; or
  • 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.
  • 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.
  • 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.
  • Notwithstanding anything contained in this rule, no e-way bill is required to be generated—
  • where the goods being transported are specified in Annexure;
  • where the goods are being transported by a non-motorised conveyance;
  • 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;
  • in respect of movement of such goods and within such areas in the State as the Commissioner of State Tax, in consultation with the Principal Chief Commissioner/Chief Commissioner of Central Tax, may notify;
  • where the goods, other than de-oiled cake, being transported are specified in the Schedule appended to notification No. 2/2017- State Tax (Rate), dated the 29th June 2017, vide number MGST. 1017/C.R.-103 (1)

/Taxation-1, published in the Maharashtra Government Gazette, Extraordinary No. 182, Part IV B, dated the 29th June 2017, as amended from time to time;

  • 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
  • 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)]

Sr. 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). ”.

For the period 1.2.2018 to 31.3.2018 (by Notification No. MGST-1017/C.R.148/Taxation-1 (Notification No.25/2017 sixth Amendment 2017) dt. 30.8.2017.

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—

  • in relation to a supply; or
    • for reasons other than supply; or
    • due to inward supply from an unregistered person,

shall, before commencement of such movement, furnish information relating to the said goods in Part A of

FORM GST EWB-01, electronically, on the common portal.

  • 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.
  • 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 that the registered person or, as the case may be, 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 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 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 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.

  • 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.
  • 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.

  • 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 may be generated by him on the said common portal prior to the movement of goods.
  • 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.
  • 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.

  • 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.

  • 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):

Table

Sr. No.DistanceValidity period
(1)(2)(3)
1.Upto 100 kmOne day
2.For  every  100  km  or  part  thereof thereafterOne 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 e-way bill, the transporter may generate another e-way bill after updating the details in Part B of FORM GSTEWB-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.

  • 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.
  • 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.
  • The e-way bill generated under rule 138 of the Central Goods and Services Tax Rules or Goods and services Tax Rules of any other State shall be valid in the State.
  • Notwithstanding anything contained in this rule, no e-way bill is required to be generated—
    • where the goods being transported are specified in Annexure;
    • where the goods are being transported by a non-motorised conveyance;
    • 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
    • in respect of movement of such goods and within such areas in a State and for values not exceeding such amount as the Commissioner of State tax, in consultation with the Chief Commissioner of central tax goods, may notify.

Explanation. – The facility of generation and cancellation of e-way bill may also be made available through SMS.

ANNEXURE

[(See rule 138 (14)]

Sr. No.Chapter or Heading or Sub- heading or Tariff itemDescription of Goods
(1)(2)(3)
1.0101Live asses, mules and hinnies
2.0102Live bovine animals
3.0103Live swine
4.0104Live sheep and goats
5.0105Live poultry, that is to say, fowls of the species Gallus domesticus, ducks, geese, turkeys and guinea fowls.
6.0106Other live animal such as Mammals, Birds, Insects
7.0201Meat of bovine animals, fresh and chilled.
8.0202Meat of bovine animals frozen [other than frozen and put up in unit container]
9.0203Meat of swine, fresh, chilled or frozen [other than frozen and put up in unit container]
10.0204Meat of sheep or goats, fresh, chilled or frozen [other than frozen and put up in unit container]
11.0205Meat of horses, asses, mules or hinnies, fresh, chilled or frozen [other than frozen and put up in unit container]
12.0206Edible offal of bovine animals, swine, sheep, goats, horses, asses, mules or hinnies, fresh, chilled or frozen [other than frozen and put up in unit container]
13.0207Meat and edible offal, of the poultry of heading 0105, fresh, chilled or frozen [other than frozen and put up in unit container]
14.0208Other meat and edible meat offal, fresh, chilled or frozen [other than frozen and put up in unit container]
15.0209Pig 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]
16.0209Pig 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 containers]
17.0210Meat 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 containers
18.3Fish seeds, prawn / shrimp seeds whether or not processed, cured or in frozen state [other than goods falling under Chapter 3 and attracting 2.5%]
19.0301Live fish.
20.0302Fish, fresh or chilled, excluding fish fillets and other fish meat of heading 0304
21.0304Fish fillets and other fish meat (whether or not minced), fresh or chilled.
22.0306Crustaceans, whether in shell or not, live, fresh or chilled; crustaceans, in shell, cooked by steaming or by boiling in water live, fresh or chilled.
23.0307Molluscs, whether in shell or not, live, fresh, chilled; aquatic invertebrates other than crustaceans and molluscs, live, fresh or chilled.
24.0308Aquatic invertebrates other than crustaceans and molluscs, live, fresh or chilled.
25.0401Fresh milk and pasteurised milk, including separated milk, milk and cream, not concentrated nor containing added sugar or other sweetening matter, excluding Ultra High Temperature (UHT) milk
26.0403Curd; Lassi; Butter milk
27.0406Chena or paneer, other than put up in unit containers and bearing a registered brand name;
28.0407Birds’ eggs, in shell, fresh, preserved or cooked
29.0409Natural honey, other than put up in unit container and bearing a registered brand name
30.0501Human hair, unworked, whether or not washed or scoured; waste of human hair
31.0506All goods i.e. Bones and horn-cores, unworked, defatted, simply prepared (but not cut to shape), treated with acid or gelatinised; powder and waste of these products
32.0507 90All goods i.e. Hoof meal; horn meal; hooves, claws, nails and beaks; antlers; etc.
33.0511Semen including frozen semen
34.6Live trees and other plants; bulbs, roots and the like; cut flowers and ornamental foliage
35.0701Potatoes, fresh or chilled.
36.0702Tomatoes, fresh or chilled.
37.0703Onions, shallots, garlic, leeks and other alliaceous vegetables, fresh or chilled.
38.0704Cabbages, cauliflowers, kohlrabi, kale and similar edible brassicas, fresh or chilled.
39.0705Lettuce (Lactuca sativa) and chicory (Cichorium spp.), fresh or chilled.
40.0706Carrots, turnips, salad beetroot, salsify, celeriac, radishes and similar edible roots, fresh or chilled.
41.0707Cucumbers and gherkins, fresh or chilled.
42.0708Leguminous vegetables, shelled or unshelled, fresh or chilled.
43.0709Other vegetables, fresh or chilled.
44.0712Dried vegetables, whole, cut, sliced, broken or in powder, but not further prepared.
45.0713Dried leguminous vegetables, shelled, whether or not skinned or split.
46.0714Manioc, arrowroot, salep, Jerusalem artichokes, sweet potatoes and similar roots and tubers with high starch or inulin content, fresh or chilled; sago pith.
47.0801Coconuts, fresh or dried, whether or not shelled or peeled
48.0801Brazil nuts, fresh, whether or not shelled or peeled
49.0802Other 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 not shelled or peeled
50.0803Bananas, including plantains, fresh or dried
51.0804Dates, figs, pineapples, avocados, guavas, mangoes and mangosteens, fresh.
52.0805Citrus 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 (Citrus aurantifolia, Citrus latifolia), fresh.
53.0806Grapes, fresh
54.0807Melons (including watermelons) and papaws (papayas), fresh.
55.0808Apples, pears and quinces, fresh.
56.0809Apricots, cherries, peaches (including nectarines), plums and sloes, fresh.
57.0810Other 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), Custard-apple (ata), Bore, Lichi, fresh.
58.0814Peel of citrus fruit or melons (including watermelons), fresh.
59.9All goods of seed quality
60.0901Coffee beans, not roasted
61.0902Unprocessed green leaves of tea
62.0909Seeds of anise, badian, fennel, coriander, cumin or caraway; juniper berries [of seed quality]
63.0910 11 10Fresh ginger, other than in processed form
64.0910 30 10Fresh turmeric, other than in processed form
65.1001Wheat and meslin [other than those put up in unit container and bearing a registered brand name]
66.1002Rye [other than those put up in unit container and bearing a registered brand name]
67.1003Barley [other than those put up in unit container and bearing a registered brand name]
68.1004Oats [other than those put up in unit container and bearing a registered brand name]
69.1005Maize (corn) [other than those put up in unit container and bearing a registered brand name]
70.1006Rice [other than those put up in unit container and bearing a registered brand name]
71.1007Grain sorghum [other than those put up in unit container and bearing a registered brand name]
72.1008Buckwheat, 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]
73.1101Wheat or meslin flour [other than those put up in unit container and bearing a registered brand name].
74.1102Cereal flours other than of wheat or meslin, [maize (corn) flour, Rye flour, etc.] [other than those put up in unit container and bearing a registered brand name]
75.1103Cereal groats, meal and pellets [other than those put up in unit container and bearing a registered brand name]
76.1104Cereal grains hulled
77.1105Flour, of potatoes [other than those put up in unit container and bearing a registered brand name]
78.1106Flour, 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 Chapter 8 i.e. of tamarind, of singoda, mango flour, etc. [other than those put up in unit container and bearing a registered brand name]
79.12All goods of seed quality
80.1201Soya beans, whether or not broken, of seed quality.
81.1202Ground-nuts, not roasted or otherwise cooked, whether or not shelled or broken, of seed quality.
82.1204Linseed, whether or not broken, of seed quality.
83.1205Rape or colza seeds, whether or not broken, of seed quality.
84.1206Sunflower seeds, whether or not broken, of seed quality.
85.1207Other 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 quality.
86.1209Seeds, fruit and spores, of a kind used for sowing.
87.1210Hop cones, fresh.
88.1211Plants and parts of plants (including seeds and fruits), of a kind used primarily in perfumery, in pharmacy or for insecticidal, fungicidal or similar purpose, fresh or chilled.
89.1212Locust beans, seaweeds and other algae, sugar beet and sugar cane, fresh or chilled.
90.1213Cereal straw and husks, unprepared, whether or not chopped, ground, pressed or in the form of pellets
91.1214Swedes, mangolds, fodder roots, hay, lucerne (alfalfa), clover, sainfoin, forage kale, lupines, vetches and similar forage products, whether or not in the form of pellets.
92.1301Lac and Shellac
93.1404 90 40Betel leaves
94.1701 or 1702Jaggery of all types including Cane Jaggery (gur) and Palmyra Jaggery
95.1904Puffed 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 Murki
96.1905Pappad
97.1905Bread (branded or otherwise), except pizza bread
98.2201Water [other than aerated, mineral, purified, distilled, medicinal, ionic, battery, de-mineralized and water sold in sealed container]
99.2201Non-alcoholic Toddy, Neera including date and palm neera
100.2202 90 90Tender coconut water other than put up in unit container and bearing a registered brand name
101.2302, 2304, 2305, 2306, 2308, 2309Aquatic feed including shrimp feed and prawn feed, poultry feed and cattle feed, including grass, hay and straw, supplement andhusk of pulses, concentrates andadditives, wheat bran and de-oiled cake
102.2501Salt, all types
103.2835Dicalcium phosphate (DCP) of animal feed grade conforming to IS specification No.5470 : 2002
104.3002Human Blood and its components
105.3006All types of contraceptives
106.3101All goods and organic manure [other than put up in unit containers and bearing a registered brand name]
107.3304Kajal [other than kajal pencil sticks], Kumkum, Bindi, Sindur, Alta
108.3825Municipal waste, sewage sludge, clinical waste
109.3926Plastic bangles
110.4014Condoms and contraceptives
111.4401Firewood or fuel wood
112.4402Wood charcoal (including shell or nut charcoal), whether or not agglomerated
113.4802 / 4907Judicial, Non-judicial stamp papers, Court fee stamps when sold by the Government Treasuries or Vendors authorised by the Government
114.4817 / 4907Postal items, like envelope, Post card etc., sold by Government
115.48 / 4907Rupee notes when sold to the Reserve Bank of India
116.4907Cheques, lose or in book form
117.4901Printed books, including Braille books
118.4902Newspapers, journals and periodicals, whether or not illustrated or containing advertising material
119.4903Children’s picture, drawing or colouring books
120.4905Maps and hydrographic or similar charts of all kinds, including atlases, wall maps, topographical plans and globes, printed
121.5001Silkworm laying, cocoon
122.5002Raw silk
123.5003Silk waste
124.5101Wool, not carded or combed
125.5102Fine or coarse animal hair, not carded or combed
126.5103Waste of wool or of fine or coarse animal hair
127.52Gandhi Topi
128.52Khadi yarn
129.5303Jute fibres, raw or processed but not spun
130.5305Coconut, coir fibre
131.63Indian National Flag

Every registered person who causes movement of goods of consignment value exceeding fifty thousand rupees—

  • in relation to a supply ; orfor reasons other than supply; ordue to inward supply from an unregistered person,
132.6703Human hair, dressed, thinned, bleached or otherwise worked
133.6912 00 40Earthen pot and clay lamps
134.7018Glass bangles (except those made from precious metals)
135.8201Agricultural 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 other tools of a kind used in agriculture, horticulture or forestry.
136.8445Amber charkha
137.8446Handloom [weaving machinery]
138.8802 60 00Spacecraft (including satellites) and suborbital and spacecraft launch vehicles
139.8803Parts of goods of heading 8801
140.9021Hearing aids
141.92Indigenous handmade musical instruments
142.9603Muddhas made of sarkanda and phoolbaharijhadoo
143.9609Slate pencils and chalk sticks
144.9610 00 00Slates
145.9803Passenger baggage
146.Any chapterPuja samagri namely,- Rudraksha, rudraksha mala, tulsikanthi mala, panchgavya (mixture of cowdung, desi ghee, milk and curd);Sacred thread (commonly known as yagnopavit);Wooden khadau;Panchamrit,Vibhuti sold by religious institutions,Unbranded honey.Wick for diya. viii) Roli Kalava (Raksha sutra)Chandantika
147. Liquified 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 71)
151. Jewellery, goldsmiths’ and silversmiths’ wares and other articles (Chapter 71)
152. Currency
153. Used personal and household effects
154. Coral, unworked (0508) and worked coral (9601)

For the period from 1st July 2017 to 31st January 2018 (by Notification No. MGST-1017/C.R100(2)/Taxation-1 (Second Amendment 2017) dt. 29.6.2017.

138. E-way rule.- 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.”

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.

1[Explanation 1. – For the purposes of this rule, the expression “handicraft goods” has the meaning as assigned to it in the Government of Maharashtra, Finance Department, notification No. 56/2018- State Tax, dated the 23rd October, 2018, vide number GST. 1018/C.R.-115/Taxation-1, published in the Maharashtra Government Gazette, Extraordinary No. 384, Part IV-B, dated the 23rd October, 2018, 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 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.

  • 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 :

1 This Explanation-1 was substituted by Notification No.GST-1018/C.R.153/Taxation-1 (Notification No.74/2018-Fourteenth Amendment 2018] dated the 31st December2018, (w.e.f. 31st December 2018). Prior to substitution this Explanation 1 read as under:-

“ Explanation1.–For the purposes of this rule, the expression “handicraft goods” has the meaning as assigned to it

in the Government of Maharashtra, Finance Department, [Notification No. 32/2017-] State Tax, dated the 18th September 2017, vide Number [MGST. 1017/C.R.-165 (2)/Taxation-1] published in the Maharashtra Government Gazette, Extra-ordinary No. 293, Part IV-B, dated the 21st September 2017, as amended from time to time.”

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.

  • 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).

  • 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.
  • 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.

  • 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 may be generated by him on the said common portal prior to the movement of goods.

  • 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.

  • 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 e­mail is available.

  • 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.

  • 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.DistanceValidity period
(1)(2)(3)
1.Upto 1[200 km.]One day in cases other than Over
Dimensional Cargo 2[or multimodal shipment in which at least one leg involves transport by ship]
  2.For every 3[200km.] or part thereof there after  One additional day other than Over
Dimensional Cargo 4[or multimodal shipment in which at least one leg involves transport by ship]
    3.    Upto 20 km.One day in case of Over Dimensional Cargo 5[or multimodal shipment in which  at  least  one  leg  involves transport by ship]
  4.For every 20 km. or part thereof there after  One additional day in case of Over
Dimensional Cargo 6[or multimodal shipment in which at least one leg involves transport by ship]:
  1. The figures and letters “200 km.” were substituted for the figures and letters “100 km.” by Notification No. GST-1020/C.R. 120/Taxation-1, dated 4th January 2021 (Fourteenth Amendment-2021, Notification No. 94/2020) (w.e.f. 1st January 2021).
  • These words were inserted by Notification No. GST-1019/C.R. 71/Taxation-1, dated 28th June 2019 (Fourth Amendment-2019, Notification No. 31/2019) (w.e.f. 28th June 2019).
  • The figures and letters “200 km.” were substituted for the figures and letters “100 km.” by Notification No. GST-1020/C.R. 120/Taxation-1, dated 4th January 2021 (Fourteenth Amendment-2021, Notification No. 94/2020) (w.e.f. 1st January 2021).
  • These words were inserted by Notification No. GST-1019/C.R. 71/Taxation-1, dated 28th June 2019 (Fourth Amendment-2019, Notification No. 31/2019) (w.e.f. 28th June 2019).
  • These words were inserted by Notification No. GST-1019/C.R. 71/Taxation-1, dated 28th June 2019 (Fourth Amendment-2019, Notification No. 31/2019) (w.e.f. 28th June 2019).
  • These words were inserted by Notification No. GST-1019/C.R. 71/Taxation-1, dated 28th June 2019 (Fourth Amendment-2019, Notification No. 31/2019) (w.e.f. 28th June 2019).

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.

1[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).

  • The details of the e-way bill generated under this rule shall be made available to the—
    • supplier, if registered, where the information in Part A of FORM GST EWB-01 has been furnished by the recipient or the transporter; or
    • recipient, if registered, where the information in Part A of FORM GST EWB-01 has been furnished by the supplier or the transporter,

1 This proviso was inserted by Notification No. GST-1019/C.R. 71/Taxation-1, dated 28th June 2019 (Fourth Amendment-2019, Notification No. 31/2019) (w.e.f. 28th June 2019).

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.

  • Where the person to whom the information specified in sub­rule (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.
  • The e-way bill generated under this rule or under rule 138 of the Central Goods and Services Tax Rules or the Goods and Services Tax Rules of any State or Union Territory shall be valid in the State.
  • Notwithstanding anything contained in this rule, no e-way bill is required to be generated—
    • where the goods being transported are specified in Annexure;
    • where the goods are being transported by a non-motorised conveyance;
    • 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 ;
    • in respect of movement of such goods and within such areas in the State and for values not exceeding such amount as the Commissioner of State Tax, in consultation with the Principal Chief Commissioner/Chief Commissioner of Central Tax, may, subject to conditions that may be specified, notify ;
    • where the goods, other than de-oiled cake, being transported, are specified in the Schedule appended to Finance Department Notification No. MGST. 1017/C.R.-103 (1) /Taxation-1, [No. 2/2017-State Tax (Rate)], dated the 29th June 2017, published in the

Maharashtra Government Gazette, Extra-ordinary, Part IV-B No. 182, dated the 29th June 2017, as amended from time to time ;

  • 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;
    • where the supply of goods being transported is treated as no supply under Schedule III of the Act;
    • where the goods are being transported—
    • 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 ;

  • where the goods being transported are transit cargo from or to Nepal or Bhutan;
  • where the goods being transported are exempt from tax under Finance  Department  Notification  No.  MGST.  1017/C.R.-103  (6)

/Taxation-1, [No. 7/2017-State Tax (Rate)], dated the 29th June 2017, published in the Maharashtra Government Gazette, Extra­ordinary, Part IV-B No. 182, dated the 29th June 2017, as amended from time to time and Finance Department Notification No. MGST. 1017/C.R.-167/Taxation-1, [No. 26/2017- State Tax (Rate)], dated the 25th September 2017, published in the Maharashtra Government Gazette, Extra-ordinary Part IV-B No. 299, dated the 25th September 2017, as amended from time to time ;

  • any movement of goods caused by defence formation under Ministry of defence as a consignor or consignee;
  • where the consignor of goods is the Central Government, Government of any State or a local authority for transport of goods by rail;
  • where empty cargo containers are being transported; and
  • 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.

1[(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)]

Sr.           NoDescription of Goods
(1)(2)
1Liquefied petroleum gas for supply to household and non domestic exempted category (NDEC) customers
2Kerosene oil sold under PDS
3Postal baggage transported by Department of Posts
4Natural or cultured pearls and precious or semi-precious  stones;  precious  metals  and metals clad with precious metal (Chapter 71)

1 This clause was inserted by Notification No. GST-1018/C.R. 54/ Taxation-1, (Notification No. 26/2018, Fifth Amendment-2018), dated 25th June, 2018, (w.e.f.13th June 2018).

5Jewellery, goldsmiths’ and silversmiths’ wares and other articles (Chapter 71
6Currency
7Used personal and household effects
8Coral, unworked (0508) and worked coral (9601).]

1[138A. – Documents and devices to be carried by a person-in-charge of a conveyance.- (1) The person in charge of a conveyance shall carry—

  • the invoice or bill of supply or delivery challan, as the case may be; and
  • a copy of the e-way bill in physical form or the e-way bill number in electronic form or mapped to a Radio Frequency Identification Device embedded on to the conveyance in such manner as may be notified by the Commissioner :

Provided that, nothing contained in clause (b) of this sub­rule shall apply in case of movement of goods by rail or by air or vessel.

  1. This rule was inserted by Notification No. MGST-1017/C.R.148/Taxation-1, (Notification No.25/2017, Sixth Amendment-2017), dated 30th August, 2017, (w.e.f. 1st February, 2018.) and then substituted by Notification No. GST-1018/C.R.04/Taxation-1, (Notification No. 12/2018, Second Amendment-2018), dated 31st March 2018, (w.e.f. 1st April 2018). Prior to substitution this rule read as under:

138A. Documents and devices to be carried by a person-in-charge of a conveyance.-(1) The person in charge of

a conveyance shall carry—

  • the invoice or bill of supply or delivery challan, as the case may be; and
    • a copy of the e-way bill or the e-way bill number, either physically or mapped to a Radio Frequency Identification Device embedded on to the conveyance in such manner as may be notified by the Commissioner.
  • A registered person may obtain an Invoice Reference Number from the common portal by uploading, on the said portal, a tax invoice issued by him in FORM GST INV-1, and produce the same 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.
  • Where the registered person uploads the invoice under sub-rule (2), the information in Part A of FORM GST EWB-01 shall be auto-populated by the common portal on the basis of the information furnished in FORM GST INV-1.
  • The Commissioner may, by notification, require a class of transporters to obtain a unique Radio Frequency Identification Device and get the said device embedded on to the conveyance and map the e-way bill to the Radio Frequency Identification Device prior to the movement of goods.
  • *[Notwithstanding anything contained in] clause (b) of sub-rule (1), where circumstances so warrant, the Commissioner may, by notification, require the person-in-charge of conveyance to carry the following documents instead of the e-way bill-
    • tax invoice or bill of supply or bill of entry; or
    • a delivery challan, where the goods are transported for reasons other than by way of supply.]

*These words were substituted for the words “Notwithstanding anything contained” by Notification No.GST-1018/C.R.14/Taxation-1 (Notification No.3/2018, First Amendment 2018) dated 24th January 2018,( w. e. f. 1st February 2018).

1[Provided further that in case of imported goods, the person in charge of a conveyance shall also carry a copy of the bill of entry filed by the importer of such goods and shall indicate the number and date of the bill of entry in Part A of FORM GST EWB-01.]

2[(2) In case, invoice is issued in the manner prescribed under sub-rule

(4) of rule 48, the Quick Response (QR) code having an embedded Invoice Reference Number (IRN) in it, may be produced electronically, for verification by the proper officer in lieu of the physical copy of such tax invoice.]

  • Where the registered person uploads the invoice under sub-rule (2), the information in Part A of FORM GST EWB-01 shall be auto-populated by the common portal on the basis of the information furnished in FORM GST INV-1.
  • The Commissioner may, by notification, require a class of transporters to obtain a unique Radio Frequency Identification Device and get the said device embedded on to the conveyance and map the e-way bill to the Radio Frequency Identification Device prior to the movement of goods.
  • Notwithstanding anything contained in clause (b) of sub-rule (1), where circumstances so warrant, the Commissioner may, by notification, require the person-in-charge of the conveyance to carry the following documents instead of the e-way bill.—
    • tax invoice or bill of supply or bill of entry; or

1 This proviso was inserted by Notification No. GST-1018/C.R.86/Taxation-1, (Notification No. 39/2018, Eighth Amendment-2018), dated 18th September, 2018, (w.e.f. 4th September, 2018).

  • This sub-rule was substituted by Notification No. GST-1020/C.R.91B/Taxation-1, (Notification No. 72/2020, Eleventh Amendment-2020), dated 14th October, 2020, (w.e.f. 30th September, 2020). Prior to substitution this sub-rule was read as under:
  • A registered person may obtain an Invoice Reference Number from the common portal by uploading, on the said portal, a tax invoice issued by him in FORM GST INV-1 and produce the same 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.
  • a delivery challan, where the goods are transported for reasons other than by way of supply.]

1[138B.Verification of documents and conveyances.- (1) 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 Commissioner shall get Radio Frequency Identification Device readers installed at places where the verification of movement of goods is required to be carried out and verification of movement of vehicles shall be done through such device readers where the e-way bill has been mapped with the said device.
    • 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:

Provided that on receipt of specific information on evasion of tax, physical verification of a specific conveyance can also be carried out by any other officer after obtaining necessary approval of the Commissioner or an officer authorised by him in this behalf.]

1 This rule was inserted by Notification No. MGST-1017/C.R.148/Taxation-1, (Notification No.25/2017, Sixth Amendment-2017), dated 30th August, 2017, (w.e.f. 1st February, 2018) and then substituted by Notification No. GST-1018/C.R.04/Taxation-1, (Notification No. 12/2018, Second Amendment-2018), dated 31st March 2018, (w.e.f. 1st April 2018). Prior to substitution this rule read as under:

138B.Verification of documents and conveyances.-(1) The Commissioner or an officer empowered by him in this behalf may authorise the proper officer to intercept any conveyance to verify the e-way bill or the e-way bill number in physical form for all inter-State and intra-State movement of goods.

  • The Commissioner shall get Radio Frequency Identification Device readers installed at places where the verification of movement of goods is required to be carried out and verification of movement of vehicles shall be done through such device readers where the e-way bill has been mapped with the said device.
  • 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:

Provided that on receipt of specific information on evasion of tax, physical verification of a specific conveyance can also be *[carried out by any other] officer after obtaining necessary approval of the Commissioner or an officer authorised by him in this behalf.”

* These words were substituted for the words “carried out by any” by Notification No. GST-1018/C.R.14/Taxation-1, (Notification No. 3/2018, First Amendment-2018), dated 24th January 2018 (w.e.f. 1st February 2018).

1[138C. Inspection and verification of goods.- (1) A summary report of every inspection of goods in transit shall be recorded online by the proper officer in Part A of FORM GST EWB-03 within twenty four hours of inspection and the final report in Part B of FORM GST EWB-03 shall be recorded within three days of such inspection.

2[Provided that where the circumstances so warrant, the Commissioner, or any other officer authorised by him, may, on sufficient cause being shown, extend the time for recording of the final report in Part B of FORM EWB-03, for a further period not exceeding three days.

Explanation. — The period of twenty four hours or, as the case may be, three days shall be counted from the midnight of the date on which the vehicle was intercepted.]

(2) Where the physical verification of goods being transported on any conveyance has been done during transit at one place within the State or Union territory or in any other State or Union territory no further physical verification of the said conveyance shall be carried out again in the State or Union territory, unless a specific information relating to evasion of tax is made available subsequently.]

3[138D.- Facility for uploading information regarding detention of vehicle.-Where a vehicle has been intercepted and detained for a period

1 This rule was inserted by Notification No. MGST-1017/C.R.148/Taxation-1, (Notification No.25/2017, Sixth Amendment-2017), dated 30th August, 2017, (w.e.f. 1st February, 2018) and then substituted by Notification No. GST-1018/C.R.04/Taxation-1, (Notification No. 12/2018, Second Amendment-2018), dated 31st March 2018, (w.e.f. 1st April 2018). Prior to substitution this rule read as under:

138C. Inspection and verification of goods.-

  • A summary report of every inspection of goods in transit shall be recorded online by the proper officer in Part A of FORM GST EWB-03 within twenty four hours of inspection and the final report in Part B of FORM GST EWB-03 shall be recorded within three days of such inspection.
  • Where the physical verification of goods being transported on any conveyance has been done during transit at one place within the State or in any other State, no further physical verification of the said conveyance shall be carried out again in the State, unless a specific information relating to evasion of tax is made available subsequently.”

2 These proviso and Explanation were inserted by Notification NO. GST-1018/C.R.57/Taxation-1, (Notification No.28/2018, Sixth Amendment – 2018), dated 29th June 2018, (w.e.f. 19th June 2018).

3 This rule was inserted by Notification No. MGST-1017/C.R.148/Taxation-1, (Notification No.25/2017, Sixth Amendment-2017), dated 30th August, 2017. (w. e. f. 1st February, 2018) and then substituted by Notification No. GST-1018/C.R.04/Taxation-1, (Notification No. 12/2018, Second Amendment-2018), dated 31st March 2018 (w.e.f. 1st April 2018). Prior to substitution this rule read as under:

exceeding thirty minutes, the transporter may upload the said information in FORM GST EWB-04 on the common portal.]

1[Explanation.—For the purposes of this Chapter, the expressions  ‘transported by railways’, ‘transportation of goods by railways’, ‘transport of goods by rail’ and ‘movement of goods by rail’ does not include cases where leasing of parcel space by Railways takes place.]

2[138E. Restriction on furnishing of information in PART A of FORM GST EWB-01.– Notwithstanding anything contained in sub-rule (1) of rule 138, no person (including a consignor, consignee, transporter, an e-commerce operator or a courier agency) shall be allowed to furnish the information in PART A of FORM GST EWB-01 in respect of a registered person, whether as a supplier or a recipient, who,—

  • being a person paying tax under section 10 3[or availing the benefit of Notification No. 02/2019– State Tax (Rate), dated the 7th March, 2019, published in the Maharashtra Government Gazette, Extraordinary No. 79, Part-IV-B, vide Finance Department Notification No. GST-1019/C.R.39/Taxation-1, dated the 7th March, 2019], has not furnished the 4[statement in FORM GST CMP-08] for two consecutive 5[quarters]; or

138D.Facility for uploading information regarding detention of vehicle.-Where a vehicle has been intercepted and detained for a period exceeding thirty minutes, the transporter may upload the said information in FORM GST EWB-04 on the common portal.”

1 This Explanation was inserted by Notification No. GST-1018/C.R. 30/Taxation-1,(Notification No.14/2018, Third Amendment-2018), dated 31st March 2018 (w.e.f. 1st April 2018)

2 This rule was inserted by Notification No. GST-1018/C.R.153/Taxation-1, (Notification No.74/2018, Fourteenth Amendment-2018), dated 31st December, 2018 (w. e. f. 21st June 2019 by Notification No. GST-1019/C.R. 61/Taxation-1 dt. 25th April 2019).

  • These words and figures were inserted by Notification No. GST-1019/C.R. 71/Taxation-1, dated 28th June 2019 (Fourth Amendment-2019, Notification No. 31/2019) (w.e.f. 28th June 2019).
  • These words, letters and figures were substituted for the word “returns” by Notification No. GST-1019/C.R. 71/Taxation-1, dated 28th June 2019 (Fourth Amendment-2019, Notification No. 31/2019) (w.e.f. 28th June 2019).
  • This word was substituted for the words “tax periods” by Notification No. GST-1019/C.R. 71/Taxation-1, dated 28th June 2019 (Fourth Amendment-2019, Notification No. 31/2019) (w.e.f. 28th June 2019).

Provided that the Commissioner may,2[ on receipt of an application from a registered person in FORM GST EWB-05] on sufficient cause being shown and for reasons to be recorded in writing, by order 3[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:

Provided further that no order rejecting the request of such person to furnish the information in PART A of FORM GST EWB-01 under the first proviso shall be passed without affording the said person a reasonable opportunity of being heard:

Provided also that the permission granted or rejected by the Commissioner of State tax or Commissioner of Union territory tax shall be deemed to be granted or, as the case may be, rejected by the Commissioner.

Explanation: – For the purposes of this rule, the expression “Commissioner” shall mean the jurisdictional Commissioner in respect of the persons specified in clauses (a) and (b).]

4[Provided also that the said restriction shall not apply during the period from the 20th day of March, 2020 till the 15th day of October, 2020 in case where the return in FORM GSTR-3B or the statement of outward supplies in FORM GSTR-1 or the statement in

1 The words “two tax periods” were substituted for the words “two months” by Notification No.GST-1020/C.R. 120/Taxation-1, dated 4th January 2021 (Fourteenth Amendment-2020, Notification No.94/2020) (w.e.f. 22nd December 2020).

  • These words, letters and figures were inserted by Notification No.GST-1019/C.R. 82/Taxation-1, dated 24th July 2019 (Fifth Amendment-2019, Notification No.33/2019) (w.e.f. 18th July 2019).
  • These words, letters and figures were inserted by Notification No.GST-1019/C.R. 82/Taxation-1, dated 24th July 2019 (Fifth Amendment-2019, Notification No.33/2019) (w.e.f. 18th July 2019).
  • This proviso was inserted by Notification No.GST-1020/C.R. 97C/Taxation-1, dated 23rd October 2020 (Twelfth Amendment-2020, Notification No.79/2020) (w.e.f. 20th March 2020)

FORM GST CMP-08, as the case may be, has not been furnished for the period February, 2020 to August, 2020.]

1[Provided also that the said restriction shall not apply during the period from the 1st day of May, 2021 till the 18th day of August, 2021, in case where the return in FORM GSTR-3B or the statement of outward supplies in FORM GSTR-1 or the statement in FORM GST CMP-08, as the case may be, has not been furnished for the period March, 2021 to May, 2021.]

2[(c) being a person other than a person specified in clause (a), has not furnished the statement of outward supplies for any two months or quarters, as the case may be.]

3[(d) being a person, whose registration has been suspended under the provisions of sub-rule (1) or sub-rule (2) or sub-rule (2A) or rule 21A.]

________________________________________________________________

  1.           This proviso was inserted by Notification No.GST-1021/C.R.84/Taxation-1, dated 20th September 2021 (Seventh Amendment-2021, Notification No.32/2021) (w.e.f. 1st May 2021)
  • This clause was inserted by Notification No. GST-1019/C.R.3/Taxation-1 (Notification No. 75/2019, Ninth Amendment-2019), dated the 6 th January 2020. (w.e.f. 11th January 2020).
  • This clause was inserted by Notification No. GST-1020/C.R.120/Taxation-1 (Notification No. 94/2020, Fourteenth Amendment-2020), dated the 4 th January 2021. (w.e.f. 22nd December 2020).