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1[Rule
138F. Information to be furnished in case of intra-State movement of
gold, precious stones, etc. and generation of e-way bills thereof.-
(1) Where-
(a) a Commissioner of State tax or Union territory tax
mandates furnishing of information regarding
intra-State movement of goods specified against serial numbers 4 and 5 in
the Annexure appended to sub-rule (14) of rule 138, in accordance with
sub-rule (1) of rule 138F of the State or Union territory Goods and
Services Tax Rules, and
(b) the consignment value of such goods exceeds such
amount, not below rupees two lakhs, as may be notified
by the Commissioner of State tax or Union territory tax, in consultation
with the jurisdictional Principal Chief Commissioner or Chief
Commissioner of Central Tax, or any Commissioner of Central Tax authorised
by him,
notwithstanding anything contained in Rule 138, every registered person
who causes intra-State movement of such goods, -
(i) in relation to
a supply; or
(ii) for reasons other
than supply; or
(iii) due to inward
supply from an un-registered person,
shall, before the commencement of such
movement within that State or Union
territory, furnish information relating to such goods electronically, as
specified in Part A of FORM GST EWB-01, against which a unique number
shall be generated:
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.
(2) The information as specified in PART B of FORM GST EWB-01 shall not be
required to be furnished in respect of movement of goods referred to in
the sub-rule (1) and after furnishing information in Part-A of FORM GST
EWB-01 as specified in sub-rule (1), the e-way bill shall be generated in
FORM GST EWB-01, electronically on the common portal.
(3) 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.
(4) 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-waybill, 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.
(5) Notwithstanding anything contained in this rule, no e-way bill is
required to be generated-
(a) 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;
(b) 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.
(6) The provisions of sub-rule (10), sub-rule (11) and sub-rule (12) of
rule 138, rule 138A, rule 138B, rule 138C, rule 138D and rule 138E shall,
mutatis mutandis, apply to an e-way bill generated under this rule.
Explanation.- 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 tax or Union territory tax charged 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.]
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