Clearance of goods under GST

Clearance of goods under GST
Query (Issue) Started By: – ashok amin Dated:- 22-3-2018 Last Reply Date:- 24-3-2018 Goods and Services Tax – GST
Got 1 Reply
GST
Dear Experts,
We are having a peculiar problem arising every March ending. The problem is we want to achieve a target and for our accounting year 17-18 we are short of some amount in lakhs. We are in chemical manufacturing and trading business. Some import goods are awaited by us which has to be despatched by 31.03.2018 as pe

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Clarity on E-Way Bill

Clarity on E-Way Bill
GST
Dated:- 22-3-2018

Government has received various representations from Association of Exporters as well as Corporate Bodies seeking clarity on e-way bill regarding movement of goods from dry-ports to sea ports and from SEZs within the zone. Some of the queries regarding applicability of e-way bill provisions are as below:
(i) Exemption for export consignments during custom bonded movement from one airport o another;
(ii) Movement from SEZ/FTWZ (Free Trade Warehousing Zone) to port and vice versa;
(iii) Parity in movement of export cargo with import cargo.
To clarify this issue the Central Goods and Services tax Rules, 2017 (CGST Rules) have been amended vide notification No. 12/2018-Central Tax da

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States Exempted from Tax Refund after GST

States Exempted from Tax Refund after GST
GST
Dated:- 22-3-2018

The North Eastern and Hilly States have not been provided exemption from tax refund till March, 2027 under GST. The GST Council in the meeting held on 30.09.2016, had decided that all entities exempted from payment of indirect tax under the then existing tax incentive scheme shall pay tax in the GST regime. It was also decided that the decision to continue with any incentive given to specific industries in existing ind

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GST on Skill Development, Start-Ups and Tourism

GST on Skill Development, Start-Ups and Tourism
GST
Dated:- 22-3-2018

All kinds of representations received from the trade and industry (including start-ups) regarding GST rates on services have been deliberated in the Fitment Committee. Government has exempted various kinds of services in relation to skill development. Decision pertaining to rates of GST and exemption on skill development, start-ups and tourism are taken after due deliberation in GST Council.
There are several services which have been exempt from GST. The details are as given below.
Exemptions in relation to Skill development and start-ups
* Services provided by an incubatee up to a total turnover of fifty lakh rupees in a financial year subject to the fo

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by the Government of India; (b) a Sector Skill Council approved by the National Skill Development Corporation; (c) an assessment agency approved by the Sector Skill Council or the National Skill Development Corporation; (d) a training partner approved by the National Skill Development Corporation or the Sector Skill Council, in relation to-
(i) the National Skill Development Programme implemented by the National Skill Development Corporation; or
(ii) a vocational skill development course under the National Skill Certification and Monetary Reward Scheme; or
(iii) any other Scheme implemented by the National Skill Development Corporation.
* Services of assessing bodies empaneled centrally by the Directorate General of Training, Minist

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E Commerce export for parcels under 25000 INR GST refund

E Commerce export for parcels under 25000 INR GST refund
Query (Issue) Started By: – Ana Reg Dated:- 22-3-2018 Last Reply Date:- 7-5-2018 Goods and Services Tax – GST
Got 1 Reply
GST
Hello,
We sell online indian handicraft all the sales are export. Up till July and new GST regime we didnt have to follow customs clearance in india in order to export for parcels under 25000 INR. With new regime in order to receive refund all exports have to pass customs and all the export procedure.

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Commercial Credit Note – GST

Commercial Credit Note – GST
Query (Issue) Started By: – V Bharath Dated:- 22-3-2018 Last Reply Date:- 30-3-2018 Goods and Services Tax – GST
Got 3 Replies
GST
Dear Respected Members,
I am working in organised retail sector. My concern is about Commercial Credit Note. We purchase goods from supplier and sell to retail customers. We claim supplier towards the discounts given to customers and the supplier pass credit note towards a portion of discount, not 100% of discount.
They passed credit note with out GST saying it is commercial credit note as they can not link the products to the original invoice.
Now, please help me to understand the meaning of Commercial credit note and what is our liability being receiver.
Thanking

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HOW MUCH PERCENTAGE GST CHARGE WHEN WE REMOVE OLD MACHINERY AS SCRAP

HOW MUCH PERCENTAGE GST CHARGE WHEN WE REMOVE OLD MACHINERY AS SCRAP
Query (Issue) Started By: – BHAKTIKANT BHATT Dated:- 22-3-2018 Last Reply Date:- 26-3-2018 Goods and Services Tax – GST
Got 2 Replies
GST
sir,
WE HAVE PACKAGING INDUSTRIES MANUFACTURING A PLASTIC FILM ROLL. WE WANT TO REMOVE ONE OLD MACHINERY AS A SCRAP(USE APPROXIMATELY ABOVE 10 YEARS)
KINDLY TELL ME HOW MUCH PERCENTAGE GST WE NEED TO CHARGE ON SCRAP VALUE BILL OF OLD MACHINERY REMOVE FROM FACTORY.
KINDLY GIVE

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Amendments to Foreign Trade Policy 2015-2020 – Extension of Integrated and Goods and Service Tax (IGST) and Compensation Cess exemption under Advance Authorisation and EPCG scheme till 01 .10.2018

Amendments to Foreign Trade Policy 2015-2020 – Extension of Integrated and Goods and Service Tax (IGST) and Compensation Cess exemption under Advance Authorisation and EPCG scheme till 01 .10.2018
54/2015-20 Dated:- 22-3-2018 Foreign Trade Policy
DGFT
Foreign Trade Policy
FTP
Government of India
Ministry of Commerce and Industry
Department of Commerce
Directorate General of Foreign Trade
Udyog Bhawan
Notification No. 54/2015-20
New Delhi, Dated 22 March 2018
Subject:- Amend

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M/s. Arihant Superstructure Limited Versus The Union of India through the Commissioner (GST), The Commissioner, Central Goods and Service Tax

M/s. Arihant Superstructure Limited Versus The Union of India through the Commissioner (GST), The Commissioner, Central Goods and Service Tax
GST
2018 (3) TMI 1268 – RAJASTHAN HIGH COURT – TMI
RAJASTHAN HIGH COURT – HC
Dated:- 22-3-2018
S. B. Civil Writ Petition No. 3978 / 2018
GST
Nirmaljit Kaur, J.
For the Petitioner : Mr. Niraj Kumar Jain
ORDER
Learned counsel for the petitioner has placed reliance on the orders passed by the Bombay High Court in the case of Abicor an

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LG Electronics India Pvt. Ltd. Versus State Of U.P. And 3 Others

LG Electronics India Pvt. Ltd. Versus State Of U.P. And 3 Others
GST
2018 (3) TMI 1318 – ALLAHABAD HIGH COURT – 2018 (14) G. S. T. L. 247 (All.)
ALLAHABAD HIGH COURT – HC
Dated:- 22-3-2018
WRIT TAX No. – 454 of 2018
GST
Hon'ble Pankaj Mithal And Hon'ble Saral Srivastava, JJ.
For the Petitioner : Atul Gupta
For the Respondent : C.S.C.,A.S.G.I.
ORDER
The goods of the petitioner have been seized on 16.03.2018 for want of E-Way Bill.
On the respective submissions of the parties the issue which crops up in this petition is whether Rule 138 of the Uttar Pradesh Goods and Services Tax Rules, 2017 (hereinafter referred to as the Rules) as it stood originally before the 4th amendment would stand revived with the re

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The Himachal Pradesh Goods and Services Tax (Third Amendment) Rules, 2018.

The Himachal Pradesh Goods and Services Tax (Third Amendment) Rules, 2018.
EXN-F(10)-14/2018-12/2018-State Tax Dated:- 22-3-2018 Himachal Pradesh SGST
GST – States
Himachal Pradesh SGST
Himachal Pradesh SGST
EXCISE AND TAXATION DEPARTMENT
NOTIFICATION No. 12/2018-State Tax
Shimla-171 002, the 22nd March, 2018
No. EXN-F(10)-14 /2018.-In exercise of the powers conferred by section 164 of the Himachal Pradesh Goods and Services Tax Act, 2017 (10 of 2017), the Governor of Himachal Pradesh is pleased to make the following rules further to amend the Himachal Pradesh Goods and Services Tax Rules, 2017, namely:-
(1) These rules may be called the Himachal Pradesh Goods and Services Tax (Third Amendment) Rules, 2018.
(2) Save as otherwise provided in these rules, they shall come into force on such date as the State Government may, by notification in the Official Gazette, appoint.
2. In the Himachal Pradesh Goods and Services Tax Rules, 2017,-
(i) with effect from the date o

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easons 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 numb

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e.
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 b

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rovided 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 b

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eyance 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 FO

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red 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 th

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d after updating the details in Part B of FORM GST EWB-01, if required.
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 re

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exure;
(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 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 the conditions that may be specified, notify;
(e) 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 30th June, 2017 published in the Gazette of Himachal Pradesh, vide number EXN-F(10)-14/2017-Loose, dated the 30th June, 2017 as amended from time to time;
(f) where the goods being transported are alcoholic liquor for human consumption, petrole

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tte of Himachal Pradesh, vide number EXNF(10)-33/2017, dated the 12th October, 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.
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
[

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on 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 sub-rule shall apply in case of movement of goods by rail or by air or vessel.
(2) 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.
(3) 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.
(4) 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 b

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ed 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.
(3) 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.”;
(v) for rule 138C, the following rule shall be substituted, namely:-
“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.
(

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til :
PART-A
A.1
GSTIN of Supplier
A.2
Place of Dispatch
A.3
GSTIN of Recipient
A.4
Place of Delivery
A.5
Document Number
A.6
Document Date
A.7
Value of Goods
A.8
HSN Code
A.9
Reason for Transportation
PART-B
B.1
Vehicle Number for Road
B.2
Transport Document Number/Defence Vehicle No./ Temporary Vehicle Registration No./Nepal or Bhutan Vehicle Registration No.
Notes:
1. HSN Code in column A.8 shall be indicated at minimum two digit level for taxpayers having annual turnover upto five crore rupees in the preceding financial year and at four digit level for taxpayers having annual turnover above five crore rupees in the preceding financial year.
2. Document Number may be of Tax Invoice, Bill of Supply, Delivery Challan or Bill of Entry.
3. Transport Document number indicates Goods Receipt Number or Railway Receipt Number or Forwarding Note number or Parcel way bill number issued by railways or Airway Bill Number or Bill of Lading Number.
4. Place of

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elivery Challan or Bill of Entry Number
Name of person in-charge of Vehicle
Description of goods
Declared quantity of goods
Declared value of goods
Brief description of the discrepancy
Whether goods were detained?
If not, date and time of release of Vehicle
Part B
Actual quantity of goods
Actual value of the Goods
Tax payable
Integrated tax
Central tax
State or Union territory tax
Cess
Penalty payable
integrated tax
Central tax
State or Union territory tax
Cess
Details of Notice
Date
Number
Summary of findings
FORM GST EWB-04
(See rule 138D)
Report of detention
E-Way Bill Number
Approximate Location of detention
Period of detention
Name of Officer in-charge
(if known)
Date
Time
FORM GST INV – 1
(See rule 138A)
Generation of Invoice Reference Number
IRN:
Date:
Details of Supplier
GSTIN
Legal Name
Trade name, if any
Address
Serial No. of Invoice
Date of Invoice
Details of Recipient (Billed to)
Details of Consignee (Shipped to)
GSTI

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to any export duty. I also declare that I have not availed any drawback of central excise duty/service tax/central tax on goods or services or both and that I have not claimed refund of the integrated tax paid on supplies in respect of which refund is claimed.
Signature
Name –
Designation / Status”
(ix) with effect from the date of publication of this notification in the Official Gazette, in FORM GST RFD-01A, for the DECLARATION [second proviso to section 54(3)], the following shall be substituted, namely:-
“DECLARATION [second proviso to section 54(3)]
I hereby declare that the goods exported are not subject to any export duty. I also declare that I have not availed any drawback of central excise duty/service tax/central tax on goods or services or both and that I have not claimed refund of the integrated tax paid on supplies in respect of which refund is claimed.
Signature
Name –
Designation / Status”.
By order,
(JAGDISH CHANDER SHARMA)
Principal Secretary (E&T).
Note.-

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Rescinds the Notification of the Government of Tripura in the Department of Finance, No. F.1-11(91)-TAX/GST/2018, dated the 22nd February, 2018

Rescinds the Notification of the Government of Tripura in the Department of Finance, No. F.1-11(91)-TAX/GST/2018, dated the 22nd February, 2018
F.1-11(91)-TAX/GST/2018(Part) Dated:- 22-3-2018 Tripura SGST
GST – States
Tripura SGST
Tripura SGST
GOVERNMENT OF TRIPURA
FINANCE DEPARTMENT
(TAXES & EXCISE)
NO.F.1-11(91)-TAX/GST/2018(Part)
Dated, Agartala, the 22nd March, 2018
NOTIFICATION
In exercise of the powers conferred by section 128 of the Tripura State Goods and Services Ta

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Bhausaheb Baburao Ghuge Versus Commissioner of GST & Central Excise Aurangabad

Bhausaheb Baburao Ghuge Versus Commissioner of GST & Central Excise Aurangabad
Service Tax
2018 (6) TMI 251 – CESTAT MUMBAI – 2019 (22) G. S. T. L. 424 (Tri. – Mumbai)
CESTAT MUMBAI – AT
Dated:- 22-3-2018
ST/85365/2018 – A/86259/2018
Service Tax
Shri M V Ravindran, Member (Judicial)
Shri H.S. Shirsat, Consultant for the appellant
Shri Atul Sharma, Assistant Commissioner (AR) for the respondent
ORDER
This appeal is directed against Order-in-Appeal No: NSK/EXCUS/000/APP/085 /17-18 dated 22/11/2017 passed by the Commissioner of GST & Central Excise (Appeals), Nashik.
2.  Heard both the sides and perused the records.
3.  On perusal of the records, I find that the issue is regarding refund of an amount paid

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ay order as reported at 2014 (36) STR 1295 in the case of MIDC v. Commissioner of Service Tax, Mumbai-I reversed the decision of the adjudicating authority and denied refund to the appellant herein. This appeal is against the said order.
5.  It was brought to the notice of the bench that an appeal filed by Maharashtra Industrial Development Corporation (MIDC) on the taxability of the services rendered by them was in contest before the Tribunal in appeal Nos. ST/650/2011, ST/87427-87428, 88837/2013, ST/85267 & 86406/2014 which was disposed of by the Tribunal by final order Nos. A/1488-1493/2014-WZB/C-1(CSTB), dated 04/09/2014 holding that the MIDC is a statutory body constituted by the Government of Maharashtra under Maharashtra Indust

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Kamala Mills Ltd Versus Commissioner of CGST & Central Excise Mumbai Central

Kamala Mills Ltd Versus Commissioner of CGST & Central Excise Mumbai Central
Service Tax
2018 (6) TMI 332 – CESTAT MUMBAI – TMI
CESTAT MUMBAI – AT
Dated:- 22-3-2018
ST/87780/2017 – A/86122/2018
Service Tax
Shri M V Ravindran, Member (Judicial)
Shri Darshan Ranawat, Chartered Accountant for appellant
Shri Dilip Shinde, Assistant Commissioner (AR) for respondent
ORDER
This appeal is directed against Order-in-Appeal No: PK/26/MC/17-18 dated 31/07/2017 passed by the Commissioner of CGST & Central Excise (Appeals- II) Mumbai.
2.  Heard both the sides and perused the records.
3.  The issue that falls for consideration in this case is whether both the lower authorities were correct in dismissing the VCES declar

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pecifically clarified that if the designated authority has reason to believe that the declaration is covered by Section 106(2) of the Customs Act, 1962, shall give a notice of intention to rejection within 30 days from the date of filing of the declaration. It is his submission that in the case in hand, there is a delay of 1 ½  years. He relies upon the decision of the Tribunal holding such rejection of VCES is not correct, as is decided in the case of Abhi Engineering Corporation v. Commissioner of Central Excise & Customs, Nagpur 2015-TIOL-2197-CESTAT-MUM;  Sidhi Vinayaka Enterprises Pvt Ltd v. Commissioner of Service Tax, Raipur 2016 (43) STR 474 (Tri.Del.) and V.S Enterprises V. Commissioner of Central Excise & Customs,

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on of the VCES declaration lies before the Tribunal, hence this appeal is maintainable.
6.  As regards the issue involved in this case, I find merit in the submissions made by the Learned Chartered Accountant. It is the fact that the appellant had filed the VCES declaration on 18/12/2013 and the notice issued by the Assistant Commissioner of Service Tax – II is dated 18/08/2015 for rejection of VCES declaration. I am surprised that this notice was issued by the lower authority when the CBEC Circular dated 18/08/2013 was in the knowledge of the department, wherein CBEC has clearly clarified that notice for rejection of VCES scheme should be issued within 30 days.
7.  The law as decided by the decisions of the Tribunal in the case

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Commissioner of Central GST Mumbai Central Versus Barclays Wealth Trustees India Pvt Ltd (Vice-Versa)

Commissioner of Central GST Mumbai Central Versus Barclays Wealth Trustees India Pvt Ltd (Vice-Versa)
Service Tax
2018 (6) TMI 383 – CESTAT MUMBAI – TMI
CESTAT MUMBAI – AT
Dated:- 22-3-2018
ST/88086 & 88098/2017 – A/86123-86124/2018
Service Tax
Shri M V Ravindran, Member (Judicial)
Shri Dilip Shinde, Asstt. Commissioner (AR) for Revenue
Shri Prasad Paranjape with Shri Mihir Mehta, Advocates for assessee
ORDER
These appeals are filed by the appellant-assessee as well as Revenue against Order-in-Appeal No: PK/87/MC/2017 dated 31/08/2017 passed by the Commissioner of CGST & Central Excise (Appeals), Mumbai.
2.  Heard both the sides and perused the records.
3.  Appellant-assessee is in appeal against the order on the ground that the first appellate authority has incorrectly rejected the refund claim filed by them in respect of the service tax credit paid on various input services, and the said services were used for rendering export of output service. W

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dustries Ltd v. Commissioner of Central Excise & Service Tax, LTU, Mumbai 2016 (45) STR 383 (Tri. Mumbai), Accenture Service Pvt Ltd v  Commissioner of Service Tax, Mumbai -II 2015 (40) STR 719 (Tri. Mumbai); and for the refund claim rejected on the time bar is covered by the Larger Bench decision in the case of Commissioner of Central Excise and Service Tax, Bengaluru – I v. Span Infotech Pvt Ltd 2018-TIOL-516-CESTAT-BANG-LB. It is his submission that the Larger Bench has held that the refund claims filed under Rule 5 of the CENVAT Credit Rules, 2004 can be filed within one year from the end of the particular quarter and submits that in all these case the refund claims were filed within one year from the end of the particular quarter. Revenue's appeal is on the same ground that the first appellate authority has calculated the period of one year which should be on the date of invoice.
5.  As regards the point No.(i) of the issue, as reproduced herein above, I find that t

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units who were employed by the appellant and hence all these expenses having incorvectly allowed as these being of personal use.
7.  I find that from the records that the appellant has been taking a consistent stand that air travel, accommodation services were utilised for use of the employees at various locations to render output services which were exported. I find that these services are squarely covered as eligible by the judgement in the case of Reliance Industries Ltd and Accenture Service Pvt Ltd (supra)
8.  As regards the submissions on Cargo Handling Services, I find that this issue is also settled by the judgment of the Tribunal in the sae of Reliance Industries Ltd (supra). Accordingly, in respect of point, on merits that the appellant is eligible for the refund of the amount  claimed by them subject to the calculation as mentioned at point No. (i).
9.  As regards input services which has been denied on the ground that the invoices contained addresses

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Rate of tax of a sub contractor to a main contractor

Rate of tax of a sub contractor to a main contractor
Query (Issue) Started By: – Ravikumar Doddi Dated:- 21-3-2018 Last Reply Date:- 31-7-2018 Goods and Services Tax – GST
Got 2 Replies
GST
My client is a sub contractor who got contract from main contract to execute work in a SEZ unit, what would the rate of tax under gst being sub contractor , recently I read some where rate of tax applicable to main contractor is applicable to sub contractor in the situation if a main contractor f

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LABOUR CONTRACTOR UNDER GST

LABOUR CONTRACTOR UNDER GST
Query (Issue) Started By: – S.C. WADHWA Dated:- 21-3-2018 Last Reply Date:- 22-3-2018 Goods and Services Tax – GST
Got 5 Replies
GST
We are in receipt of bill from labour contractor towards supply of labour in factory in Haryana. Since this labour contractor is registered in UP state, he is charging IGST in bill.
Whether this is correct. Please confirm.
Reply By KASTURI SETHI:
The Reply:
Labour contractor should get himself registered in Haryana. Service is consumed in Haryana. CGST AND SGST are correct. IGST not applicable here.
Reply By S.C. WADHWA:
The Reply:
Sir,
What is the reason to get registered in state of Haryana. If the labour contractor supplies labour in more than one state, wheth

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REFUND OF IGST AGAINST EXPORT AND SEZ SUPPLIED WITH PAYMENT OF DUTY

REFUND OF IGST AGAINST EXPORT AND SEZ SUPPLIED WITH PAYMENT OF DUTY
Query (Issue) Started By: – nandankumar roy Dated:- 21-3-2018 Last Reply Date:- 21-3-2018 Goods and Services Tax – GST
Got 2 Replies
GST
REFUND OF IGST AGAINST EXPORT AND SEZ SUPPLIED WITH PAYMENT OF DUTY WHERE MISTAKE IN GSTR-3B HAPPENED WHERE FIGURE OF EXPORT AND SEZ SALES SHOWN IN 3.1(a) INSTEAD OF 3.1(b) SECTION BUT IN GSTR-1 PROPERLY SHOWN IN 6A AND 6B RELATED TO EXPORT AND SEZ SUPPLY TILL DEC'17 AND FOR THAT NOT GETTING IGST REFUND. PLEASE HELP RELATED TO 3B WRONG PLACE SHOWN RETURN HOW CAN I RECTIFY TO GET THE REFUND AS GSTR-1 ARE IN PROPERLY POSITIONED. PL HELP IF ANY ONE HAVE IDEA TO SORT OUT THE PROBLEM. JAN ONWARDS SHOWN IN 3B AND GSTR-1 DATA IN

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GST – COMMISSION INCOME

GST – COMMISSION INCOME
Query (Issue) Started By: – NAREN KHATRI Dated:- 21-3-2018 Last Reply Date:- 22-3-2018 Goods and Services Tax – GST
Got 8 Replies
GST
Registered Under GST.. and regularly filed return etc.. now received commission from unregistered person from selling their goods directly.. having only commission note.. now what is treatment under GST.. Whether any GST liability arise or not..or.. any other else..??
Reply By KASTURI SETHI:
The Reply:
GST is payable if you have crossed threshold exemption limit of ₹ 20 lakhs/10 lakhs.
Reply By Alkesh Jani:
The Reply:
Sir, my point of view is that as you are registered with GST and filing the return than you are liable for payment of tax under GST. However, all c

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o some other persons(Third party/parties) directly (i.e. without bringing the same into your premises and without accounting for in your account) and got commission from unregistered person. You supplied the goods directly to third party/parties.
Is it correct ? Will you please elaborate your query further ?
Reply By Ganeshan Kalyani:
The Reply:
dear khatri sir, do you mean to say that you are a clearing and forwarding agent. your principal supplylies goods and you are supplying it under the instruction of your principal and you get commission for that. is this arrangement correct ?
Reply By NAREN KHATRI:
The Reply:
Yes Kasturi Sir ji..
The goods direct delivery to party.. we just received only commission note towards mutual discuss

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Implications of paying RCM using CENVAT Credit

Implications of paying RCM using CENVAT Credit
Query (Issue) Started By: – Ankush Chattopadhyay Dated:- 21-3-2018 Last Reply Date:- 26-3-2018 Goods and Services Tax – GST
Got 5 Replies
GST
It is my understanding that RCM needs to be paid/settled using hard money, cash, and not paid/adjusted using CENVAT Credit.
But what are the implications in a situation/scenario where it has already been paid/adjusted using CENVAT Credit.
Thank you in advance,
Ankush.
Reply By KASTURI SETHI:
T

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GST on Expired pharma goods

GST on Expired pharma goods
Query (Issue) Started By: – LAKSHMINARAYANAN TR Dated:- 21-3-2018 Last Reply Date:- 21-3-2018 Goods and Services Tax – GST
Got 1 Reply
GST
Dear All
I have read in the news that government has considered return of expired pharma goods are not to be treated as supply( around end of Dec 2017). But I don't find any relevant circular or notification to this effect. Can any of you please guide me further?
Best regards
Durai
Reply By KASTURI SETHI:
The R

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GST while receiving inward remittances

GST while receiving inward remittances
Query (Issue) Started By: – Vihan S Dated:- 21-3-2018 Last Reply Date:- 21-3-2018 Goods and Services Tax – GST
Got 2 Replies
GST
We are exporting software/services and as per the contract the transfer costs are born by us, thus the total invoice value is always like 100$ – less the banking charges, so my clients transfer the full $100 and than the intermediary bank (the bank in between my client and the bank appointed by my bank in US) charges

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The Tripura State Goods and Services Tax (Second Amendment) Rules, 2018

The Tripura State Goods and Services Tax (Second Amendment) Rules, 2018
F.1-11(91)-TAX/GST/2018(Part) Dated:- 21-3-2018 Tripura SGST
GST – States
Tripura SGST
Tripura SGST
=============
Document 1
No. 82
TRIPURA
सत्यमेव जयते
Registered No. N. E. 930.
GAZETTE
Published by Authority
EXTRAORDINARY ISSUE
Agartala, Wednesday, March 21, 2018 A. D., Phalguna 30, 1939 S. E.
PARTI Orders and Notifications by the Government of Tripura,
The High Court, Government Treasury etc.
GOVERNMENT OF TRIPURA
FINANCE DEPARTMENT
(TAXES & EXCISE)
NO.F.1-11(91)-TAX/GST/2018(Part)
Dated, Agartala, the 21st March, 2018
NOTIFICATION
In exercise of the powers conferred by section 164 of the Tripura State Goods and
Services Tax Act, 2017 (Tripura Act No. 9 of 2017), the State Government hereby makes the
following rules further to amend the Tripura State Goods and Services Tax Rules, 2017, namely:-
(1) These rules may be calle

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riod;”;
(ii) for rule 138, the following rule shall be substituted, namely:-
“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,
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:
Tripura Gazette, Extraordinary Issue, March 21, 2018 A. D.
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 ot

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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 Tripura, Finance Department, notification
No.F.1-11(91)-TAX/GST/2017 (Part-VI) dated the 22nd September, 2017 published in the
Tripura Gazette, Extraordinary Issue, vide number 340 dated the 22nd 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 tax, integrated tax and cess charged, if
any, in the document and shall exclude the value of exempt supply

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March 21, 2018 A. D.
(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

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sporter 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 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:
3
Tripura Gazette, Extraordinary Issue, March

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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 av

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.
2.
3.
For every 100 km. or part thereof thereafter
Upto 20 km
4.
For every 20 km. or part thereof thereafter
Validity period
(3)
One day in cases other than Over
Dimensional Cargo
One additional day other than Over
Dimensional Cargo
One day in case of Over
Dimensional Cargo
One additional day in case of Over
Dimensional Cargo:
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.
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 vali

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ptance 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 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.
5
Tripura Gazette, Extraordinary Issue, March 21, 2018 A. D.
(14) Notwithstanding anything contained in this rule, no e-way bill is required to be
generatedۥ
(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

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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-State Tax (Rate), dated 29th June 2017 published in the Tripura Gazette,
Extraordinary Issue, vide number 226 dated the 29th June, 2017 as amended from
time to time and notification No. 26/2017-State Tax (Rate), dated the 26th
September, 2017 published in the Tripura Gazette, Extraordinary Issue, vide
number 351 dated the 7th October, 2017as amended from time to time;
(k) where the goods being transport

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orter, as the case
may be.
S. No.
(1)
ANNEXURE
[(See rule 138 (14)]
Description of Goods
(2)
1.
2.
Liquefied petroleum gas for supply to household and non
domestic exempted category (NDEC) customers
Kerosene oil sold under PDS
3.
Postal baggage transported by Department of Posts
Natural or cultured pearls and precious or semi-precious
4.
(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)”;
(iii) for rule 138A, the following rule shall besubstituted, namely:-
“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-
(a) the invoice or bill of supply or delivery challan, as the case may be; and
(b) 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 em

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aid device embedded on
to the conveyance and map the e-way bill to the Radio Frequency Identification
Device prior to the movement of goods.
(5) 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
(a) tax invoice or bill of supply or bill of entry; or
(b) a delivery challan, where the goods are transported for reasons other than by way
of supply.”;
(iv) for rule 138B, the following rule shall be substituted, namely:-
“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.
(2) The Commissioner shall get Radio Frequency Identification Device readers inst

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n 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) Where the physical verification of goods being transported on any conveyance has been
done during transit at one place within this State or in any other State or Union territory, no
further physical verification of the said conveyance shall be carried out again in this State,
unless a specific information relating to evasion of tax is made available subsequently.”;
(vi) for rule 138D, the following rule shall be substituted, namely:-
“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.”;
(vii) for FORM GST EWB-01, FORM GST EWB-02, FORM GST EWB-03, FORM
GST EWB-04 and FORM GST INV-1, the following forms shall be substituted, namely:

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tes Goods Receipt Number or Railway Receipt
Number or Forwarding Note number or Parcel way bill number issued by railways or
Airway Bill Number or Bill of Lading Number.
4. Place of Delivery shall indicate the PIN Code of place of delivery.
5. Place of dispatch shall indicate the PIN Code of place of dispatch.
6. Where the supplier or the recipient is not registered, then the letters “URP” are to be
filled-in in column A.1 or, as the case may be, A.3.
7. Reason for Transportation shall be chosen from one of the following:-
Code
1
Description
Supply
2
Export or Import
3
Job Work
SKD or CKD
Recipient not known
5
6
Line Sales
10
7
Tripura Gazette, Extraordinary Issue, March 21, 2018 A. D.
Sales Return
8
Exhibition or fairs
9
For own use
0
Others
FORM GST EWB-02
(See rule 138)
Consolidated E-Way Bill
Consolidated E-Way Bill No.
Consolidated E-Way Bill Date
Generator
Vehicle Number
Number of E-Way Bills
E-Way Bill Number
Part A
Name of the Officer
P

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on of
detention
Period of detention
Name of Officer in-charge (if known)
Date
Time
IRN:
Details of Supplier
GSTIN
Legal Name
Trade name,
if any
FORM GST INV – 1
(See rule 138A)
Generation of Invoice Reference Number
Date:
13
Tripura Gazette, Extraordinary Issue, March 21, 2018 A. D.
Address
Serial No. of Invoice
Date of Invoice
Details of Recipient (Billed to)
Details of Consignee (Shipped
to)
GSTIN or UIN, if
available
Name
Address
State (name and code)
Type of supply –
B to B supply
✓
B to C supply
Attracts Reverse Charge
S
Descri
rl. ption
N of
0.
Goods
Attracts TCS
.
GSTIN of operator
Attracts TDS
GSTIN of TDS Authority
Export
Supplies made to.SEZ
Deemed export
HSN
Qt U
Pri
ce
(p
Eget se
DE
y. nit
er
un
it)
Central
tax
Το
State or
Union
territor
Integrat
Cess
ed tax
Disco Tax
tal
y tax
unt, able
val
if any valu
ue
e
A
A
A
A
R
R
R
mt
mt
mt R
int
at
at
at
at
e
e
e
e
14
T

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CLARATION [second proviso to section 54(3)], the
following shall be substituted, namely:-
“DECLARATION [second proviso to section 54(3)]
I hereby declare that the goods exported are not subject to any export duty. I also declare
that I have not availed any drawback of central excise duty/service tax/central tax on
goods or services or both and that I have not claimed refund of the integrated tax paid on
supplies in respect of which refund is claimed.
15
Tripura Gazette, Extraordinary Issue, March 21, 2018 A. D.
Signature
Name –
Designation/Status”.
By order of the Governor,
21/3/1
(Dr. B. Kaur, IAS)
Joint Secretary.
Finance Department
Government of Tripura
18
Note: The principal rules were published in the Tripura Gazette, Extraordinary Issue vide
notification No.F.1-11(91)-TAX/GST/2017 dated 22nd June, 2017, published vide number
206, dated 22nd June, 2017 and last amended vide notification No.F.1-11(91)-TAX/GST/2018
dated 22nd February, 2018, published vide numb

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The Goa Goods and Services Tax (Second Amendment) Rules, 2018.

The Goa Goods and Services Tax (Second Amendment) Rules, 2018.
38/1/2017-Fin(R&C)(50) Dated:- 21-3-2018 Goa SGST
GST – States
Goa SGST
Goa SGST
GOVERNMENT OF GOA
Department of Finance
Revenue & Control Division

Notification
38/1/2017-Fin(R&C)(50)
In exercise of the powers conferred by section 164 of the Goa Goods and Services Tax Act, 2017 (Goa Act 4 of 2017), the Government of Goa hereby makes the following rules further to amend the Goa Goods and Services Tax Rules, 2017, namely:-
(1) These rules may be called the Goa Goods and Services Tax (Second Amendment) Rules, 2018.
(2) Save as otherwise provided in these rules, they shall come into force on such date as the Government may, by notification in the Official Gazette, appoint.
2. In the Goa Goods and Services Tax Rules, 2017.-
(i) With effect from the 7th day of March, 2018, in rule 117, in sub-rule (4), in clause (b), for sub-clause (iii), the following shall be deemed to have been substituted, namely:-

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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

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ds 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 GSTEWB-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 s

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er 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 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

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nt, 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 EWB01 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 may be generated by him on the said common portal prior to the mov

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ils 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

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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 fur

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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 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;
(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, 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 di

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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 weigh bridge for weighment or from the weigh bridge 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.
Explanation.- The facility of generation, cancellation, updation and assignment of e-way bill shall be made available through SMS to the supp

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e 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 sub-rule shall apply in case of movement of goods by rail or by air or vessel.
(2) 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.
(3) 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.
(4) The Commissioner may, by notification, require a class of transporters to obtain a unique Radio Frequency Identificatio

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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.
(3) 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.”;
(v) for rule 138C, the following rule shall be substituted, namely:-
“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 Par

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-Way Bill
E-Way Bill No. :
E-Way Bill date :
Generator :
Valid from :
Valid until :
PART-A
A.1
GSTIN of Supplier
A.2
Place of Dispatch
A.3
GSTIN of Recipient
A.4
Place of Delivery
A.5
Document Number
A.6
Document Date
A.7
Value of Goods
A.8
HSN Code
A.9
Reason for Transportation
PART-B
B.1
Vehicle Number for Road
B.2
Transport Document Number/Defence Vehicle No./ Temporary Vehicle Registration No./Nepal or Bhutan Vehicle Registration No.
Notes:
1. HSN Code in column A.8 shall be indicated at minimum two digit level for taxpayers having annual turnover upto five crore rupees in the preceding financial year and at four digit level for taxpayers having annual turnover above five crore rupees in the preceding financial year.
2. Document Number may be of Tax Invoice, Bill of Supply, Delivery Challan or Bill of Entry.
3. Transport Document number indicates Goods Receipt Number or Railway Receipt Number or Forwarding Note number or Parcel way bill num

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upply or Delivery Challan or Bill of Entry date
Tax Invoice or Bill of Supply or Delivery Challan or Bill of Entry Number
Name of person in-charge of Vehicle
Description of goods
Declared quantity of goods
Declared value of goods
Brief description of the discrepancy
Whether goods were detained?
If not, date and time of release of Vehicle
Part B
Actual quantity of goods
Actual value of the Goods
Tax payable
Integrated tax
Central tax
State or Union territory tax
Cess
Penalty payable
integrated tax
Central tax
State or Union territory tax
Cess
Details of Notice
Date
Number
Summary of findings
FORM GST EWB-04
(See rule 138D)
Report of detention
E-Way Bill Number
Approximate Location of detention
Period of detention
Name of Officer in-charge
(if known)
Date
Time
FORM GST INV – 1
(See rule 138A)
Generation of Invoice Reference Number
IRN:
Date:
Details of Supplier
GSTIN
Legal Name
Trade name, if any
Address
Serial No. of Invoice
Date of

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roviso to section 54(3)]
I hereby declare that the goods exported are not subject to any export duty. I also declare that I have not availed any drawback of central excise duty/service tax/central tax on goods or services or both and that I have not claimed refund of the integrated tax paid on supplies in respect of which refund is claimed.
Signature
Name –
Designation / Status”
(ix) with effect from the date of publication of this notification in the Official Gazette, in FORM GST RFD-01A, for the DECLARATION [second proviso to section 54(3)], the following shall be substituted, namely:-
“DECLARATION [second proviso to section 54(3)]
I hereby declare that the goods exported are not subject to any export duty. I also declare that I have not availed any drawback of central excise duty/service tax/central tax on goods or services or both and that I have not claimed refund of the integrated tax paid on supplies in respect of which refund is claimed.
Signature
Name –
Designation /

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Limrass Earthmovers Versus Assistant State Tax Officer, Kasaragod

Limrass Earthmovers Versus Assistant State Tax Officer, Kasaragod
GST
2018 (3) TMI 1452 – KERALA HIGH COURT – [2018] 2 GSTL 123 (Ker)
KERALA HIGH COURT – HC
Dated:- 21-3-2018
W. P. (C). No. 9182 of 2018
GST
MR. P. B. SURESH KUMAR, J.
For The Petitioner : Sri.S. Anil Kumar (Trivandrum), Sri. K.S. Hariharan Nair And Sri. M.rajagopal
For The Respondent : Sri. V. K. Shamsudheen
JUDGMENT
A machinery transported by the petitioner has been detained by the respondent invoking

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