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E WAY BILL UNDER GST India being a federal nation, the Central Government is empowered by the Constitution to levy duties and taxes on the manufacturing and rendering of services. The government in the states are empowered to levy tax on intrastate sale of goods, in which movement of goods happen within state jurisdictions. When the sale of goods involves movement of goods between different states, the Centre is empowered to levy tax on such sales, and the revenue so collected, will be shared by the Centre and the State. While the constitution clearly stipulates the powers to the governments at the Centre and the states, the biggest challenge especially for the states is to monitor the movement of goods – within the state and outside the state. There was rampant evasion of taxes and leakage of revenue to the states. Thus, in order to tackle the tax evasion and misuse of the system, most of the states have multiple check-post along their national highways and borders. These check-posts mainly monitor the movement of goods and ensure that the relevant duties/ taxes have been paid on goods. A person causing movement of goods has to be equipped with various documents like invoice, challan, road permits, way bill, and so on which need to be produced at the check-post for inspection. Current regime Today, various state governments have devised their own system to track the movement of goods within and to outside their borders. For example, some states have necessitated the registered dealer to declare the details of the goods based on the consignment value or as designated/notified goods when they are transported. The documents like the permit form, way bill, among others have to be obtained. Apart from these, certain states mandate the transporter of goods to obtain the transit pass or declaration form. With evolution of technology, there are significant efforts by various states to digitalize the procedures involved in the movement of goods, like the e-Sugam introduced by Karnataka. Under e-Sugam, a registered dealer transporting goods worth Rs.20, 000 or more has to upload the details of the consignment and obtain a unique reference number. This is shared with the transporter and he can then simply quote the number to the officer at check-post. In other states too, a similar mechanism has been introduced which facilitates the registered dealer to electronically declare the details of the consignment and obtain the required forms for the movement of goods. Under GST Under GST, the process and procedural aspects for the movement of goods are prescribed in the e-way bill rules. E-Way bill stands for Electronic Way Bill. It is usually a unique bill number generated for the specific consignment involving the movement of goods. Under GST, a registered person who intends to initiate a movement of goods of value exceeding Rs 50, 000 should generate an e-Way bill. Under GST, a registered person who intends to initiate a movement of goods of value exceeding Rs 50, 000 should generate an e-Way bill. Applicability and generation of e-way bill Questions Answers When is the e-way bill applicable? It is applicable for any consignment value exceeding Rs.50, 000. Even in case of inward supply of goods from unregistered person, e-way bill is applicable. When should I generate the e-way bill? The e-way bill needs to be generated before the commencement of movement of goods. Who should generate the e-way bill? When goods are transported by a registered person, either acting as a consignee or consignor in his own vehicle or hired, the supplier or recipient of the goods should generate the e-way Bill. When the goods are handed over to a transporter, the e-way bill should be generated by the transporter. In this case, the registered person should declare the details of the goods in a common portal. In case of inward supplies from an unregistered person, either the recipient of supply or the transporter should generate the e-way bill. What is the form applicable for generating e-way bill? Form GST INS-1 is an e-way bill form. It contains Part-A, where the details of the goods are furnished, and Part-B contains details of the transporter. Can the e-way bill be generated for consignments of value less than Rs.50, 000? Yes, either a registered person or a transporter can generate an e-way bill although it maynot be mandatory. What happens if multiple consignments are transported in one vehicle? The transporter should generate a consolidated e-way bill in the Form GST INS 02 and separately indicate the serial number of e-way bills for each of the consignment. On generation of e-way bill, will there be any reference number generated? Upon generation of the e-way bill, on the common portal, a unique e-way bill number called ‘EBN’ will be made available to the supplier, the recipient and the transporter. What happens if goods are transferred from one vehicle to another vehicle in the course of transit? Before transferring the goods to another vehicle and making any further movement of such goods, a transporter should generate new e-way bill in Form GST INS 01 by specifying the details of the mode of transport. What happens if the consignor does not generate the e-way bill even though the value of consignment is more than Rs.50, 000? The transporter has to generate the e-way bill in Form GST INS 01 on the basis of the invoice, bill of supply or the delivery challan. What happens if e-way bill is generated but goods are not transported? An e-way bill can be cancelled electronically on the common portal within 24 hours of its generation. An e-way bill cannot be cancelled if it has been verified by an officer during transit. Will the e-way bill be made available for acceptance to the recipient of goods? Yes, the details of the e-way will be made available for the recipient of goods only if he is registered. The recipient of goods should communicate acceptance or rejection of the consignment covered by the e-way bill within 72 hours of the details being made available. What happens if recipient of goods does not communicate the acceptance of rejection within 72 hours? If the recipient of goods doesn’t communicate acceptance or rejection within 72 hours, it will be deemed as accepted by the recipient. Is there a facility to generate or cancel the e-Way through SMS? The facility of generation and cancellation of e-Way bills will be made available through SMS. GST e-way bill generarion Validity of e-Way Bill Distance Validity Period Less than 100 km 1 Day 100 km or more but less than 300 km 3 Days 300 km or more but less than 500 km 5 Days 500 km or more but less than 1000 km 10 Days 1000 km or more 15 Days The validity period will be counted from the time of generation of the e-way bill. The validity period of the e-way bill may be extended by the commissioner for certain categories of goods, as specified in the notification issued in this regard. Documents, inspection and verification The transporter or the person in charge of a conveyance should carry the following documents: The invoice or bill of supply or delivery challan, and A physical copy of the e-way bill or the e-way bill number. At the place of verification, the officer may intercept any vehicle to verify the e-way bill or the e-way bill number in physical form for all interstate and intrastate movement of goods To avoid verification of the physical copy of the e-way bill, a device Radio Frequency Identification Device (RFID) can be fixed to the vehicle and the e-way bill is mapped to the device. At the place of verification, the e-way bill mapped to this device will be verified through RFID readers. For certain class of transporters, fixing of RFID devices to the vehicle and mapping of e-way bill to device will be mandated. This will be notified by commissioner. On the ground of suspicion of tax evasion, a physical verification of the vehicle can be carried out by an officer after obtaining necessary approval from the commissioner or an officer authorized on his behalf. If the physical verification of vehicle is done at one place –within the state or in any other state, no further physical verification will be carried out again during the transit, unless specific information of tax evasion is made available subsequently. After every inspection, the officer needs to record the details of the inspection of goods in Part- A of Form GST INS-03 within 24 hrs of inspection and the final report must be recorded in Part B of Form GST INS 03 within 3 days of inspection. If the vehicle is detained for more than 30 minutes, the transporter has an option to complain by uploading the details in Form GST INS 04. With GST, all the existing state-wise documentation required for movement of goods will be eliminated and the proposed e-way bill will be made common across the nation. Also, it is expected that the number to check-posts across state borders and national highways will be scaled down. This may result in ease of movement of goods.
STEP TO FILE GSTR 2 1. Log in to the GST portal with valid credentials (User Id, Password). 2. Navigate to the GSTR 2 home page through >Return Dashboard> Select Financial Year(2017-18) and Return Filing Period and click on Search button> Click on PREPARE ONLINE option on GSTR 2 tab. 3. You will find 12 tiles on GSTR 2 page for entering data for different sections of GSTR 2. Click on ‘GENERATE GSTR 2 SUMMARY’ to ensure that auto-populated details become available in your GSTR 2. 4. Click on each tiles and enter the required details and save to prepare the return. 5. Accept, Modify, Reject and Keep Pending auto-populated invoices /credit /debit notes with ‘submitted’ status uploaded by the registered suppliers in their submitted GSTR 1 on the basis of records available with you and declare the Eligibility of ITC and ITC availed/reduced in section tile 3.4A or 6C. 6. One of the above four actions is mandatory on all auto-populated invoices with ‘submitted’ status available in your GSTR 2. 7. The GSTIN of the supplier, invoice number, invoice date, invoice type, reverse charge flag & POS cannot be modified. If one wants to change these fields one has to reject such auto-populated details and add them as missing invoice details. 8. Missing invoices/debit/credit notes details (not uploaded by suppliers but you have these documents) can be added through the ‘Add Missing Invoices’ tab in sections 3.4A or 6C. The invoices of same supplier with same number but different date cannot be added as missing invoice if these are available as auto-populated invoice with ‘submitted’ status in the recipients GSTR 2. 9. Invoice details which are saved by the supplier and not submitted are also available in GSTR 2 with ‘saved’ status. The details of such invoices can be added though missing invoice tab. This has been done to facilitate quick updation of invoices. 10. Furnish the invoice/credit debit note details of supplies of goods and services received from unregistered supplier and the Eligibility of credit and credit availed/reduced on them. 11. Furnish the invoice/credit debit note details of import of services and the Eligibility of credit and credit availed/reduced on them. 12. Provide the Bill of entry wise details of goods imported from outside of India or received from SEZ units and the Eligibility of credit and credit availed on them. 13. Provide summary details of a. Advances received and liability on them b. Adjustment of advance tax paid earlier for supplies made in the tax period c. Consolidate values of inward supplies from composition taxpayers, nil rated, other exempt and non GST d. Reversals and Reclaim of ITC under different provisions of GST law. e. HSN summary of inward supply 14. After providing the above details in applicable tiles click on ‘GENERATE GSTR 2 SUMMARY’ to update the tiles summary. Remember that initially the tile summary is zero even though there are auto-populated invoices available in your GSTR 2. The summary on the tiles is summary of invoices/debit/credit notes accepted/modified and added by you and other details. The System takes around 10 minutes to create a Generate GSTR 2 summary report. 15. GSTR 2 can be prepared online if the invoice numbers are few, around 100. If the auto-populated invoices are large, it is advisable to use offline tool for preparing GSTR 2. The offline tool can be downloaded from https://www.gst.gov.in/download/returns 16. After you have prepared GSTR 2 using Offline Tool, generate JSON file using offline tool. The key steps for preparing GSTR 2 through offline tool are as follows a. Download the version 2.0 of Return Offline tool. b. Extract and Install it on your Computer. An icon will be created on the Desktop of your computer c. Download the auto-populated file of GSTR 2 by clicking on prepare offline tab on GSTR 2 tiles on Return home page and generating the download file by clicking on “Download data for GSTR 2” and clicking on the file/s generated after some time. d. Open the downloaded file in the offline tool and prepare your GSTR 2 by taking action on the auto-populated invoices with submitted status and furnishing other required details. A JSON file can be generated by clicking on Generate JSON tab. e. Log in the portal and upload the generated JSON file. f. The downloaded file opened in the offline tool can also be exported as an excel file and the actions of Accept /Reject /Modify/Keep Pending can be stated in the action taken column of the excel file and other details furnished in the different worksheets to prepare the excel file of GSTR 2. This excel file can then be imported in the offline tool and a JSON file prepared which can then be uploaded to the portal to prepare your GSTR 2. 17. Click on ‘preview’ and download the draft preview report as pdf document and verify the entered data with your accounting records. In case of any discrepancy correct the furnished data. 18. Ensure, there is no error in the furnished data. Remember, once you submit your GSTR 2, you cannot make any changes in the GSTR 2. Any changes can then be made only in next tax period GSTR 2 through amendment tables. 19. Click on Submit button to submit the GSTR 2. 20. Click on File Return button, and file the return with applicable mode of electronic signature (DSC/EVC) after selecting the
E-Way bills may not be the best solution for small transport companies . As per the new tax reforms, Movement of goods worth more than 50, 000 will require the generation of E-Way bills. The generation will be initiated prior to the consignment via online registration. The entire process of bill generation shall include detail uploading on the GSTN portal. The supplier and the receiver can then be identified with the help of a unique e-way bill number. A new bill has to be generated by the transporter if the goods are transferred from one vehicle to another. The transporter needs to indicate the serial number of e-way bills generated in respect of each consignment when multiple consignments are to be considered. Although, the process seems to have no frills attached, it's a rather complicated one. There is no provision for a condition where goods carrying trucks suffer a break down. Also, technology cannot be relied on completely. Revenue secretary Hasmukh Adhia says that ample time will be given to the transport companies to adjust to the changes.
E-Way bills may not be the best solution for small transport companies . As per the new tax reforms, Movement of goods worth more than 50, 000 will require the generation of E-Way bills. The generation will be initiated prior to the consignment via online registration. The entire process of bill generation shall include detail uploading on the GSTN portal. The supplier and the receiver can then be identified with the help of a unique e-way bill number. A new bill has to be generated by the transporter if the goods are transferred from one vehicle to another. The transporter needs to indicate the serial number of e-way bills generated in respect of each consignment when multiple consignments are to be considered. Although, the process seems to have no frills attached, it's a rather complicated one. There is no provision for a condition where goods carrying trucks suffer a break down. Also, technology cannot be relied on completely. Revenue secretary Hasmukh Adhia says that ample time will be given to the transport companies to adjust to the changes.
READY TO GO Four bills were placed in Lok Sabha YESTERDAY. Bills empower Centre to tax goods and services (Central GST) as well as inter state transfer of goods (Intregated GST). Compensation bill assures states reimbursement for revenue loss. However some states are yet to approve GST, for instance Bengal Kerala, Tamilnadu and Kashmir.
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