Just a moment...

Top
Help
×

By creating an account you can:

Logo TaxTMI
Call Us / Help / Feedback

Contact Us At :

E-mail: [email protected]

Call / WhatsApp at: +91 99117 96707

For more information, Check Contact Us

FAQs :

To know Frequently Asked Questions, Check FAQs

Most Asked Video Tutorials :

For more tutorials, Check Video Tutorials

Submit Feedback/Suggestion :

Email :
Please provide your email address so we can follow up on your feedback.
Category :
Description :
Min 15 characters0/2000
Make Most of Text Search
  1. Checkout this video tutorial: How to search effectively on TaxTMI.
  2. Put words in double quotes for exact word search, eg: "income tax"
  3. Avoid noise words such as : 'and, of, the, a'
  4. Sort by Relevance to get the most relevant document.
  5. Press Enter to add multiple terms/multiple phrases, and then click on Search to Search.
  6. Text Search
  7. The system will try to fetch results that contains ALL your words.
  8. Once you add keywords, you'll see a new 'Search In' filter that makes your results even more precise.
  9. Text Search
Add to...
You have not created any category. Kindly create one to bookmark this item!
Create New Category
Hide
Title :
Description :
❮❮ Hide
Default View
Expand ❯❯
Close ✕
🔎 TMI Notes - Adv. Search
TEXT SEARCH:

Press 'Enter' to add multiple search terms. Rules for Better Search

Search In:
Main Text + AI Text
  • Main Text
  • Main Text + AI Text
  • AI Text
Law:
---- All Laws----
  • ---- All Laws----
  • Benami Property
  • Bill
  • Central Excise
  • Companies Law
  • Customs
  • DGFT
  • FEMA
  • GST
  • GST - States
  • IBC
  • Income Tax
  • Indian Laws
  • Money Laundering
  • SEBI
  • SEZ
  • Service Tax
  • VAT / Sales Tax
Types:
---- All Types ----
  • ---- All Types ----
  • Act Rules
  • Case Laws
  • Circulars
  • Manuals
  • News
  • Notifications
Sort By: ?
In Sort By 'Default', exact matches for text search are shown at the top, followed by the remaining results in their regular order.
RelevanceDefaultDate
    NewsBills
    AMENDMENTS IN THE CUSTOMS ACT, 1962
    NewsBills
    EXPLANATORY MEMORANDUM TO THE FINANCE BILL, 2022
    NewsBills
    Promoting Voluntary Tax Compliance and Reducing Litigation
    NewsBills
    Definition of the term “slump sale”:
    NewsBills
    Reduction of Goodwill from block of assets to be considered as ‘transfer’
    NewsBills
    Income-tax authorities for the purposes of section 133A of the Act
    NewsBills
    Amendment in the provisions of section 119 of Income-tax Act
    NewsBills
    Amendment in the provisions of section 263 of the Act
    NewsBills
    Amendment to sub-section (1A) of section 35
    NewsBills
    Consequential Amendments
    NewsBills
    Clarifying that application will be allowed only when its actually paid
    NewsBills
    Voluntary Contributions for the renovation and repair of temples, mosques, gurudwaras, churches etc ...
    NewsBills
    Taxation of certain income of the trusts or institutions under both the regimes at special rate
    NewsBills
    Providing clarity on taxation in certain circumstances
    NewsBills
    The provisions of section 115TD to apply to any trust or institution under the first regime.
    NewsBills
    Bringing consistency in the provisions relating to payment to specified person
    NewsBills
    Bringing consistency in the provisions of two exemption the regimes
    NewsBills
    Reference to the Principal Commissioner or Commissioner (PCIT/CIT) for the cancellation of registrat...
    NewsBills
    Penalty for passing on unreasonable benefits to trustee or specified persons
    NewsBills
    Amendment in the provisions of section 179 of the Act
❯❯
MaximizeMaximizeMaximize
0 / 200
Expand Note
Add to Folder

No Folders have been created

    +

    Are you sure you want to delete "My most important" ?

    NOTE:

    Notes
    Showing Results for :
    Reset Filters
    Results Found:
    Show All SummariesHide All Summaries
    NewsBills
    Show AI Summary
    Assignment of functions to customs officers affirmed, with limits, concurrent powers, revised advance ruling rules, and data protection.
    The Finance Bill expressly authorises the Board or the Principal Commissioner/Commissioner to assign functions to officers as proper officers, to impose conditions or limitations (including by territory or goods), and to allow concurrent exercise of powers. Section 3 includes DRI, Audit and Preventive formations within customs officers. Amendments also enable rules imposing additional importer obligations to counter undervaluation, revise advance ruling fees, withdrawal and validity, confirm sole jurisdiction of the original officer for reassessment after inquiries, and criminalise unlawful publication of import/export declaration data.
    NewsBills
    Show AI Summary
    Customs duty definitions clarify types of cess and additional duties and state amendments take effect upon enactment.
    The memorandum defines principal customs charge types - Basic Customs Duty, Agriculture Infrastructure and Development Cess, Road and Infrastructure Cess, Health Cess, and Social Welfare Surcharge - links each to existing statutory provisions, notes clause numbers in square brackets refer to Bill clauses, and states amendments in the Finance Bill, 2022, take effect on the date of enactment unless otherwise specified.
    NewsBills
    Show AI Summary
    Updated return scheme: voluntary disclosure with staged additional tax and required proof of payment for compliance.
    A voluntary updated return regime is proposed by inserting section 139(8A) permitting any person to furnish a prescribed updated return within twenty four months from the end of the relevant assessment year, subject to exclusions where it reduces tax or where specified enforcement actions or proceedings exist. The updated return must be accompanied by proof of payment of tax, interest, fee and an additional tax computed as a staged percentage of tax and interest payable; computation rules, credit adjustments and interest calculations are detailed in newly proposed section 140B, and related consequential amendments are proposed.
    NewsBills
    Show AI Summary
    Slump sale definition amended to replace 'sales' with 'transfer', clarifying scope of transfers under tax law.
    The statutory definition of slump sale is amended to substitute the word "sales" with "transfer", clarifying that a slump sale means the transfer of one or more undertakings for a lump sum consideration without values being assigned to individual assets and liabilities, and the amendment is given retrospective effect to apply to the specified assessment year and subsequent assessment years.
    NewsBills
    Show AI Summary
    Goodwill treatment: reduction from block of assets deemed a transfer, triggering capital gains consequences and cost adjustment.
    Goodwill is not a depreciable asset and where purchased its purchase price remains the cost of acquisition for capital gains computation, after reducing any depreciation previously claimed; reduction of goodwill from the block of assets is deemed a transfer for capital gains purposes and the clarificatory amendment applies retrospectively to the relevant assessment year and subsequent years.
    NewsBills
    Show AI Summary
    Income-tax authority definition revised to limit qualifying officers to those specified by the Board, altering entry-and-verification scope.
    The proposed amendment restricts the definition of income-tax authority to officers who are subordinate to the Principal Director General or Director General or Principal Chief Commissioner or Chief Commissioner as specified by the Board, thereby limiting which subordinate officers may exercise entry and verification powers under the section; the amendment takes effect from 1 April, 2022.
    NewsBills
    Show AI Summary
    Relaxation of late filing fee enables administrative orders to relieve classes facing genuine hardship from mandated fee imposition.
    The amendment expressly adds the statutory late filing fee into the list of provisions for which the Board may, by general or special order, provide relaxation or relief for classes of incomes or cases; this enables the Board to issue orders to exempt or mitigate the fee for persons facing genuine hardships in filing returns on time.
    NewsBills
    Show AI Summary
    Revision powers under section 263 expand to permit review of Transfer Pricing Officer orders with mandated implementation timelines.
    Proposed amendments grant senior officers assigned transfer pricing jurisdiction power under section 263 to call for and examine TPO records and to revise TPO orders deemed erroneous and prejudicial to revenue. Section 153 is modified so subsections (3) and (5) apply to TPO orders, a new subsection (5A) obliges the Assessing Officer to modify assessments in conformity with a TPO order within two months of receipt, and related implementation provisions are extended to such orders.
    NewsBills
    Show AI Summary
    Deduction claimed by donor disallowed where donee fails to file statement of donations; amendment corrects drafting error.
    The amendment corrects sub section (1A) of section 35 to provide that the deduction claimed by the donor for donations to specified research associations, educational institutions or companies shall be disallowed unless the donee files the required statement of donations, aligning the rule with section 80G and taking effect retrospectively from April 1, 2021.
    NewsBills
    Show AI Summary
    Approval authority for trusts changed to Principal Commissioner or Commissioner, replacing prescribed authority references and procedural filing locus.
    Proposal to substitute references to the prescribed authority with Principal Commissioner or Commissioner in specified sub clauses and the nineteenth proviso of clause (23C) of section 10 to align textual references with the existing filing and approval regime for trust applications under the first regime; the amendment is corrective and consequential to prior 2020 changes.
    NewsBills
    Show AI Summary
    Application of income: amounts by trusts treated as applied only when actually paid, with an anti-duplication rule preventing later claims.
    Explanatory provisions treat sums payable by trusts as application of income in the previous year in which such sums are actually paid, irrespective of when the liability arose under the trust's regular accounting method; a proviso bars treating a sum as applied in a later previous year if it has already been claimed as applied in an earlier year. The amendments apply prospectively to the assessment years following the implementation date.
    NewsBills
    Show AI Summary
    Voluntary renovation contributions may be treated as corpus if kept separate, used only for the specified purpose and properly invested.
    Trusts or institutions may, at their option, treat voluntary contributions for renovation or repair of notified religious places as part of the corpus, subject to conditions: application only for the specified purpose, no onward donations, separate identification, and investment in forms and modes specified under subsection (5) of section 11; violation of any condition renders the sum deemed income of the year in which the breach occurs. Parallel explanatory provisions are proposed for clause (23C) of section 10. Amendments are proposed retrospective to 1 April 2021.
    NewsBills
    Show AI Summary
    Special-rate taxation of trust income under new provision: specified breach income taxed separately and no deductions allowed under the rule.
    Proposed amendments subject defined categories of trust or institution income to a special rate by treating only the part of income improperly applied, invested, accumulated or attributed as taxable specified income; disallow deductions or set-offs against such specified income; deem unutilised accumulated sums to be taxable in the last year of accumulation; and define specified income to include excessive accumulations, deemed income under accumulation rules, income rendered non-exempt for impermissible investments or benefit transfers, and income attributable to beneficiaries.
    NewsBills
    Show AI Summary
    Deductible trust expenditure allowed when exemption denied, subject to prescribed conditions and exclusive tax treatment.
    Proposed amendments allow deduction of revenue (non capital) expenditure for the objects of a trust or institution when exemption is denied for specified non compliances, subject to conditions: expenditure must not be from corpus as at the last day of the preceding financial year, not from any loan or borrowing, not involve depreciation for an asset whose acquisition was treated as application of income earlier, and not be a contribution or donation. Section 40 and 40A provisions apply mutatis mutandis to determine such expenditure, and no other deduction, allowance or set off shall be permitted for that expenditure.
    NewsBills
    Show AI Summary
    Exit tax on trusts extended to first regime entities, covering conversions, mergers and asset transfers under the amended provisions.
    The Finance Bill proposes to extend Chapter XII-EB's exit tax provisions to trusts and institutions under the first regime by making Sections 115TD, 115TE and 115TF applicable to them, thereby subjecting conversions to non charitable status, mergers with non charitable or dissimilar charitable entities, and failures to transfer assets to a levy on accreted income; the amendment is effective from the commencement of the specified fiscal year and applies to subsequent assessment years.
    NewsBills
    Show AI Summary
    Payment to specified person: income applied for their benefit deemed their income, anti benefit rules extended to first regime trusts.
    A proviso to clause (23C) of section 10 deems any income or property of a first regime trust applied for the benefit of a person in section 13(3) to be that person's income in the year of application; sections 13(2), (4) and (6) are made applicable to first regime trusts, aligning anti benefit and attribution rules across regimes.
    NewsBills
    Show AI Summary
    Accumulation provisions alignment: consistent tax treatment for accumulated charitable income with prescribed conditions and deemed income triggers.
    The measure harmonises accumulation rules between the two exemption regimes by requiring a prescribed statement to the Assessing Officer, investment or deposit of accumulated funds in specified modes, and timely filing; it provides that accumulated income meeting these conditions is excluded from total income but will be deemed income of the last previous year of the accumulation period if misapplied, ceases to be invested as required, is not utilised within the stated period, or is credited or paid to another exempt trust or institution.
    NewsBills
    Show AI Summary
    Cancellation of charitable registration: Principal Commissioner empowered to inquire and cancel approvals within a prescribed decision period.
    Amendments empower the Principal Commissioner or Commissioner to call for documents, inquire into and, after hearing, cancel or refuse to cancel registrations or approvals of trusts, institutions and similar entities on finding one or more specified violations (including misuse of income, non incidental business income without separate books, non genuine activities, preferential religious benefit, or final non compliance with other laws). Orders must be forwarded to the Assessing Officer and the entity, and a six month statutory deadline governs decision making from the quarter end in which the first notice is issued.
    NewsBills
    Show AI Summary
    Penalty for passing on unreasonable benefits: trusts face penalties equal to the benefit for first offences and greater penalties for repeat breaches.
    The proposal inserts section 271AAE to penalise trusts or institutions that apply income for the benefit of trustees or specified persons: the Assessing Officer may impose a penalty equal to the aggregate amount so applied where the violation is first detected in a previous year, and a higher penalty where the violation is detected again in a subsequent previous year; this penalty is in addition to any other penalties under Chapter XXI and the amendments take effect for the relevant assessment year following enactment.
    NewsBills
    Show AI Summary
    Liability of directors of private company clarified as joint responsibility for tax, fees, interest and penalties if company recovery fails.
    Amendment renames the section title to Liability of directors of private company to reflect that directors are jointly and severally liable where tax cannot be recovered from the company, clarifies that this liability is not conditional on liquidation, and expands the Explanation so that the expression "tax due" expressly includes fees alongside penalty, interest and other sums payable.

    TMI Notes

    Back

    All TMI Notes

    Showing Results for :
    Reset Filters
      No Records Found

      TMI Notes

      Back

      All TMI Notes

      whatsappJoin Channel
      Showing Results for : Reset Filters

      E-Way Bill Requirements Under Rule 138: GST E-Way Bill Framework for Movement of Goods, Transit Documents and Validity

      26 June, 2026

      Contents
      Acts
      Rules & Regulations
      Summary
      Note

      Note

      -

      Bookmark

      Print

      Print

      This is a neutral professional article.

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

      Central Goods and Services Tax Rules, 2017

      At a Glance

      The e-way bill framework is built around Rule 138 of the Central Goods and Services Tax Rules, 2017, which requires prior electronic information for movement of goods in specified cases and links that requirement to documentary control, transporter responsibility, validity, cancellation, and transit safeguards. The core threshold is the consignment value exceeding fifty thousand rupees, subject to the stated exceptions and special regimes.

      TopicCore ruleCompliance significance
      TriggerMovement of goods of consignment value exceeding fifty thousand rupees in relation to a supply, for reasons other than supply, or due to inward supply from an unregistered personPrior e-way bill compliance is mandatory unless an exception applies
      Who generatesRegistered person, transporter on authorisation, e-commerce operator or courier agency in specified cases, or transporter where the consignor or consignee has not generated itResponsibility may shift according to the mode and parties involved
      DocumentsInvoice, bill of supply or delivery challan; e-way bill number or copy; in some cases bill of entry or RFID-linked detailsDocuments are the primary proof of lawful movement
      Validity and cancellationValidity depends on distance and cargo type; cancellation is possible within twenty-four hours if goods are not moved or not moved as declaredControls the life cycle of an e-way bill and its misuse
      Special regimeRule 138F of the Central Goods and Services Tax Rules, 2017 governs notified intra-State movement of gold, precious stones and similar goodsState-specific compliance overlay for selected high-value goods
      EnforcementSection 129 of the Central Goods and Services Tax Act, 2017 provides for detention, seizure and penalty in case of contraventionNon-compliance can result in immediate transit consequences

      Background & Context

      The e-way bill mechanism operates as a transit-control system under the GST framework. It functions alongside Section 68 of the Central Goods and Services Tax Act, 2017, which empowers the Government to require the person in charge of a conveyance carrying goods above the prescribed value to carry such documents and devices as may be prescribed, and to produce them for verification when intercepted.

      Rule 138 gives practical content to that statutory power. It prescribes when information must be furnished before movement begins, who may furnish it, how Part A and Part B of FORM GST EWB-01 operate, and when FORM GST EWB-02 may be used for consolidated movement. The rule is therefore not merely a formality: it is the documentary basis on which lawful movement is demonstrated during transit.

      The rule also works in tandem with Rule 55 of the Central Goods and Services Tax Rules, 2017, which permits a delivery challan in lieu of invoice for specified movements, including goods moved for job work or for reasons other than by way of supply. Where a delivery challan is used, Rule 55(3) requires that the movement be declared as specified in Rule 138.

      A further safeguard is embedded in Rule 138A of the Central Goods and Services Tax Rules, 2017, which states what the person in charge of a conveyance must carry and how verification may be simplified or substituted in appropriate cases. This provision is essential because e-way bill compliance is ultimately judged in transit, not merely at the time of generation.

      For certain high-value intra-State movements of gold, precious stones and similar goods, Rule 138F creates a special regime where a State or Union territory Commissioner mandates furnishing of information. That special rule is relevant because it shows that the e-way bill structure is not uniform in every factual setting; specific commodities may attract an added compliance layer.

      Key Issues / Provisions

      • When does e-way bill generation become mandatory under Rule 138?
      • Who bears the responsibility to furnish Part A and Part B information?
      • What documents must travel with the goods under Rule 138A?
      • How do validity, cancellation and transfer of conveyance operate?
      • What are the exceptions where no e-way bill is required?
      • What is the legal effect of non-compliance in transit?
      • How does the special Rule 138F regime operate for selected intra-State movements?

      Detailed Analysis

      Rule 138 begins with the main trigger. Every registered person who causes movement of goods of consignment value exceeding fifty thousand rupees, whether in relation to a supply, for reasons other than supply, or due to inward supply from an unregistered person, must, before commencement of movement, furnish information relating to the goods in Part A of FORM GST EWB-01 electronically. The rule further states that a unique number is generated on the common portal once the information is furnished.

      The expression consignment value is defined in the Explanation to Rule 138. It means the value determined under section 15, as declared in the invoice, bill of supply or delivery challan issued for the consignment, and it includes central tax, State or Union territory tax, integrated tax and cess charged, if any. The rule also states that where one invoice covers both exempt and taxable goods, the value of exempt supply of goods is excluded. This definition is important because the threshold is not applied on a bare commercial price alone; it is tied to the statutory valuation framework.

      The first proviso to Rule 138(1) allows a transporter, on authorisation from the registered person, to furnish Part A. The second proviso allows an e-commerce operator or courier agency, on authorisation from the consignor, to furnish Part A where the goods are transported through such operator or agency. These provisos matter because the rule recognises that the practical logistics of movement may be handled by intermediaries, but the legal responsibility remains anchored to an authorised compliance pathway.

      The third proviso to Rule 138(1) creates a special rule for principal-to-job-worker movement. Where goods are sent by a principal located in one State or Union territory to a job worker located in another State or Union territory, the e-way bill must be generated either by the principal or the job worker, if registered, irrespective of the value of the consignment. The fourth proviso separately covers handicraft goods transported inter-State by a person exempted from registration under clauses (i) and (ii) of section 24; in such cases the person must generate the e-way bill irrespective of value.

      Rule 138(2) deals with movement by the registered person as consignor or the recipient as consignee, whether in own conveyance, hired conveyance or public conveyance, by road. In that case, the person concerned generates FORM GST EWB-01 electronically after furnishing information in Part B. Rule 138(2A) extends the scheme to railways, air and vessel. The registered supplier or recipient generates the e-way bill and may furnish Part B either before or after commencement of movement, but where transport is by railway, the railways shall not deliver the goods unless the required e-way bill is produced at the time of delivery.

      Rule 138(3) addresses the common transporter scenario. If the e-way bill is not generated under sub-rule (2) and the goods are handed over to a transporter for road transport, the registered person must furnish transporter details on the common portal and the transporter generates the e-way bill on that basis. Two practical qualifiers follow from the text. First, the registered person or transporter may choose to generate and carry the e-way bill even if the consignment value is less than fifty thousand rupees. Second, where movement is caused by an unregistered person, the person or the transporter may, at their option, generate the e-way bill in FORM GST EWB-01.

      Part B is central to road movement. Explanation 2 to Rule 138(3) provides that the e-way bill shall not be valid for movement of goods by road unless the information in Part B of FORM GST EWB-01 has been furnished, except in the specified cases covered by the third proviso to sub-rule (3) and the proviso to sub-rule (5). This is a major compliance safeguard because it prevents a partially filled e-way bill from being treated as complete.

      The rule also covers special logistical situations. Where the goods are transported for a distance of up to fifty kilometres 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, recipient or transporter may not furnish the conveyance details in Part B. Likewise, where goods are transferred from one conveyance to another, the consignor, recipient or transporter must update the conveyance details before transfer and further movement, subject to the fifty-kilometre local movement exception from the transporter's place of business to the consignee's place of business.

      Rule 138(5A) permits assignment of the e-way bill number to another registered or enrolled transporter for updating Part B for further movement of the consignment. The proviso is important: once the conveyance details have been updated by a transporter in Part B, the consignor or recipient who furnished Part A cannot assign the number to another transporter. This prevents repeated reassignment after operational control has already shifted.

      Rule 138(6) recognises consolidated movement. Where multiple consignments are intended to be transported in one conveyance, the transporter may indicate the serial numbers of the e-way bills for each consignment and generate FORM GST EWB-02 on the common portal prior to movement. This is a practical facility, but it does not replace the need for individual e-way bills where the rule requires them.

      Rule 138(7) is the transporter-generated fallback. Where neither consignor nor consignee has generated FORM GST EWB-01 and the aggregate of the consignment value of goods in the conveyance exceeds fifty thousand rupees, the transporter shall generate FORM GST EWB-01 on the basis of the invoice, bill of supply or delivery challan, as the case may be, and may also generate FORM GST EWB-02. This provision ensures that the movement is not left without an e-way bill merely because the primary parties did not act first.

      The rule also links the e-way bill data to return compliance. Rule 138(8) states that Part A information is made available to the registered supplier on the common portal and may be used for furnishing details in FORM GSTR-1. Where the information is furnished by an unregistered supplier or recipient, electronic intimation is to be given if mobile number or e-mail is available. This creates a reconciliation trail between transport documentation and outward supply reporting.

      Cancellation is addressed in Rule 138(9). If an e-way bill has been generated but goods are not transported, or are not transported as per the details furnished, the e-way bill may be cancelled electronically within twenty-four hours of generation. The rule also states that cancellation is not available if the e-way bill has been verified in transit under rule 138B. In the current text, the unique number generated under sub-rule (1) is valid for fifteen days for updation of Part B.

      Validity is governed by Rule 138(10). For goods other than over-dimensional cargo and multimodal shipment involving at least one leg by ship, the validity is one day for up to two hundred kilometres and one additional day for every additional two hundred kilometres or part thereof. For over-dimensional cargo and the specified multimodal shipment, the validity is one day for up to twenty kilometres and one additional day for every further twenty kilometres or part thereof. The Commissioner may extend validity by notification for specified categories of goods, and in exceptional circumstances, including trans-shipment, the transporter may extend validity after updating Part B, if required. The rule also states that the validity may be extended within eight hours from the time of expiry.

      Rule 138(11) and (12) provide an important transactional safeguard. The details of the e-way bill are made available to the supplier or recipient, as the case may be, on the common portal, and the supplier or recipient must communicate acceptance or rejection of the consignment. If no communication is made within seventy-two hours of the details being made available or by the time of delivery, whichever is earlier, acceptance is deemed. This protects the registered recipient from silent burden while also preventing indefinite uncertainty for the consignor.

      Rule 138(13) gives the e-way bill nationwide effect: an e-way bill generated under the rule, or under the corresponding rule of any State or Union territory, is valid in every State and Union territory. That feature is essential in a destination-oriented transport regime because it prevents the need for fresh transit documentation at each border.

      Rule 138(14) contains the non-applicability carve-out. No e-way bill is required where the goods are specified in the Annexure, transported by a non-motorised conveyance, moved from customs port or airport-linked locations to an inland container depot or container freight station for customs clearance, moved within notified local areas, or are among the specified exempt or excluded categories. The rule also excludes alcoholic liquor for human consumption, petroleum crude, high speed diesel, motor spirit, natural gas and aviation turbine fuel, supply treated as no supply under Schedule III, goods under customs bond or customs supervision/seal, transit cargo to or from Nepal or Bhutan, movement by defence formations, transport by rail of goods where the consignor is the Central Government, State Government or local authority, empty cargo containers, and short movement up to twenty kilometres to and from a weighbridge subject to a delivery challan under Rule 55. The separately listed Annexure includes, among others, LPG for household and NDEC customers, PDS kerosene, postal baggage, pearls and precious stones, jewellery, currency, used personal and household effects, and coral.

      Rule 138A complements Rule 138 by specifying what must be carried by the person in charge of a conveyance. The person must carry the invoice or bill of supply or delivery challan, as the case may be, and either a copy of the e-way bill in physical form, the e-way bill number in electronic form, or a form mapped to RFID where notified. In case of imported goods, a copy of the bill of entry must also be carried, and the bill of entry number and date must be indicated in Part A of FORM GST EWB-01. The rule also allows the Commissioner to require certain transporters to obtain a unique RFID device and map the e-way bill to it.

      Rule 138A further recognises that, where invoice is issued in the QR code with embedded IRN format under Rule 48, the QR code may be produced electronically in lieu of the physical tax invoice, and Part A of FORM GST EWB-01 may be auto-populated from FORM GST INV-1. This is a documentary safeguard because it aligns invoice verification with e-way bill data rather than treating them as isolated documents.

      For a special class of goods, Rule 138F creates an intra-State compliance system for goods specified against serial numbers 4 and 5 of the Annexure to Rule 138(14), namely pearls, precious stones, precious metals and jewellery-related items. The rule applies only where the Commissioner of State tax or Union territory tax mandates furnishing of information and the consignment value exceeds such amount, not below rupees two lakhs, as may be notified in consultation with the jurisdictional central tax authority. In such a case, every registered person causing intra-State movement of the specified goods must furnish Part A before commencement of movement and a unique number is generated. Part B is not required for that special category, and the provisions of Rule 138(10), (11) and (12) and Rules 138A to 138E apply mutatis mutandis. The rule also permits e-commerce operator or courier agency authorisation and provides a cancellation window of twenty-four hours, subject to transit verification limitations.

      Enforcement flows through Section 129. Where goods are transported or stored in transit in contravention of the Act or the rules, the goods, conveyance and related documents are liable to detention or seizure. Release follows payment of the prescribed penalty or furnishing of security. Where the owner comes forward, the penalty is equal to two hundred per cent of the tax payable on such goods; for exempted goods, it is two per cent of the value of goods or twenty-five thousand rupees, whichever is less. Where the owner does not come forward, the penalty is fifty per cent of the value of the goods or two hundred per cent of the tax payable, whichever is higher; for exempted goods, it is five per cent of the value of goods or twenty-five thousand rupees, whichever is less. The proper officer must issue notice within seven days of detention or seizure, pass an order within seven days of service of notice, and give an opportunity of hearing. If the amount is not paid within fifteen days from receipt of the order, the goods or conveyance may be sold or otherwise disposed of to recover the penalty.

      Practical Implications

      • Before movement begins, identify whether the trigger is supply, movement for other reasons, inward supply from an unregistered person, or a special category such as job work or handicraft movement.
      • Ensure the correct document is chosen at the outset: invoice, bill of supply or delivery challan under Rule 55, as the case may be.
      • Check whether Part A alone is enough at the planning stage, or whether Part B must be completed before road movement becomes valid.
      • Use transporter authorisation carefully, because responsibility may shift to the transporter for filing or continuation of Part B.
      • Keep the person in charge of the conveyance equipped with the invoice or challan and the e-way bill copy, number, or permitted electronic substitute under Rule 138A.
      • For rail, air and vessel movement, remember the separate mechanics under Rule 138(2A), including the railways' obligation not to deliver without production of the required e-way bill.
      • Use the cancellation facility within twenty-four hours only where the goods are not moved or are not moved as declared, and only if transit verification has not occurred.
      • Track validity by distance and cargo type, especially where over-dimensional cargo or multimodal shipment involving ship transport is involved.
      • Where gold, precious stones or jewellery are moved intra-State in a notified regime, verify whether Rule 138F applies and whether the notified threshold has been crossed.
      • Do not overlook the penalty and detention consequences under Section 129, because documentary defects in transit can escalate quickly into seizure and monetary exposure.

      Key Takeaways

      • Rule 138 is the core e-way bill provision and the central compliance gateway for movement of goods above the prescribed threshold.
      • The system is document-led: Part A, Part B, the correct invoice or challan, and the conveyance details all play distinct roles.
      • Part B is especially critical for road movement, because an e-way bill is not valid for road transport unless Part B is furnished, subject to the stated exceptions.
      • Rule 138A and Rule 55 are practical companions to Rule 138, because they determine what the transporter carries and when delivery challans may replace invoices.
      • Rule 138F introduces a special compliance regime for notified intra-State movement of precious goods with a higher value threshold and limited procedural variation.
      • Section 68 authorises inspection, while Section 129 supplies the enforcement consequence; together they make e-way bill compliance a substantive transit obligation rather than a clerical formality.

       


      Full Text:

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

      Topics

      ActsIncome Tax