Goods and Services Tax – GST – By: – Mr. M. GOVINDARAJAN – Dated:- 18-4-2017 – Draft Rule Recently two draft rules relating to GST have been released for the comments of the stakeholders viz., Electronic way bill and Assessment and Audit . The draft Electronic Way bill ( Bill for short) contains six rules dealing with the generation of electronic way bill and related procedures. Generation of electronic way bill Rule 1 provides fixes the threshold limit for causing the generation of electronic way bill. The said Rule provides that every registered person who causes movement of goods of consignment value exceeding ₹ 50,000/- in relation to supply or for reasons other than supply or due to inward supply from an unregistered person, shall, before the commencement of the movement, furnishing information relating to the goods consigned. The information shall be furnished in Part A of Form GST INS – 01 electronically on the common portal. The threshold limit is very less. This may be
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the transporter even the threshold limit is below ₹ 50,000/-. Generation of electronic way bill by an unregistered person 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 electronic way bill in Form GST INS – 01 on the common portal in the manner prescribed. Where the goods are supplied by an unregistered supplier to a recipient, who is also 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. Electronic way bill Number Rule 1(2) provides that upon generation of the electronic way bill on the common portal, a unique electronic way bill number (EBN) shall be made available to- the supplier; the recipient; and the transporter on the common portal. Transfer of goods from one conveyance to another Rule 1(3) provides that any transporter transferring goods from o
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or to the movement of the goods. Furnishing of information Rule 1(5) provides that the information furnished in Part of Form GST INS – 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( Details of outward supplies of taxable goods and/or services effected). When information has been furnished by an unregistered supplier in Form GST INS – 01, he shall be informed electronically, if the mobile number or the e-mail is available. Cancellation of electronic way bill Rule 1(6) provides that where the electronic way bill has been generated but goods are either not being transported or not being transported as per the details furnished in the electronic way bill, the electronic way bill may be cancelled electronically on the common portal, within 24 hours of generation of the electronic way bill. An electronic way bill cannot be cancelled if it has been verified in transit. Validity period Rule 1(7) p
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he electronic way bill. If he does not communicate his acceptance within 72 hours of the details being made available to him on the common portal, it shall be deemed that he has accepted the said details. Validity of electronic way bill Rule 1(9) provides that the electronic way bill generated under this rule or SGST shall be valid in the State. The facility of generation and cancellation of electronic way bill may also be made available through SMS. Documents Rule 2 provides for the documents and devices to be carried by a person in charge of a conveyance. The person in charge of a conveyance shall carry the invoice or bill of supply or delivery challan and a copy of the electronic way bill number, either physically or mapped to a Radio Frequency Identification Device (RFID) embedded on the conveyance in such manner as notified by the Commissioner. A registered person may obtain an Invoice Reference Number from the common portal by uploading a tax invoice issued by him in Form GST INV
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e goods are transported other than by way of supply; Verification of documents and conveyances Rule 3 provides that the Commissioner or an officer empowered by him in this behalf may authorize the proper officer to intercept any conveyance to verify the electronic way bill number in physical form for all inter-State and intra-State movement of goods. The Commissioner shall get RFID readers installed at places where verification of movement of goods is required to be carried out and verification of movement of vehicles shall be done through such RFID readers where the electronic way bill has been mapped with RFID. Physical verification of conveyances shall be carried out by the proper officer as authorized by the Commissioner or an officer empowered by him in his behalf. On receipt of specific information of evasion of tax, physical verification of a specific conveyance can also be carried out by any officer after obtaining necessary approval of the Commissioner or an officer authorized
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