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
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
    Act RulesIncome Tax
    Comparison of Section 85 "Capital gains not to be charged on investment in certain bonds." between t...
    Act RulesIncome Tax
    Comparison of Section 84 "Capital gains on compulsory acquisition of lands and buildings not to be c...
    Act RulesIncome Tax
    Comparison of Section 78 "Special provision for full value of consideration in certain cases." betwe...
    Act RulesIncome Tax
    Comparison of Section 74 "Special provision for computation of capital gains in case of depreciable ...
    Act RulesIncome Tax
    Comparison of Section 73 "Cost with reference to certain modes of acquisition" between the Income-Ta...
    Act RulesIncome Tax
    Comparison of Section 72 "Mode of computation of capital gains" between the Income-Tax Act, 2025 (as...
    Act RulesIncome Tax
    Comparison of Section 70 "Transactions not regarded as transfer" between the Income-Tax Act, 2025 (a...
    Act RulesIncome Tax
    Comparison of Section 66 "Interpretation" between the Income-Tax Act, 2025 (as passed) and the Incom...
    Act RulesIncome Tax
    Comparison of Section 62 "Maintenance of books of account" between the Income-Tax Act, 2025 (as pass...
    Act RulesIncome Tax
    Comparison of Section 61 "Special provision for computation of income on presumptive basis in respec...
    Act RulesIncome Tax
    Comparison of Section 58 "Special provision for computing profits and gains of business or professio...
    Act RulesIncome Tax
    Comparison of Section 53 "Full value of consideration for transfer of assets other than capital asse...
    Act RulesIncome Tax
    Comparison of Section 52 "Amortisation of expenditure for telecommunications services, amalgamation,...
    Act RulesIncome Tax
    Comparison of Section 51 "Amortisation of expenditure for prospecting certain minerals" between the ...
    Act RulesIncome Tax
    Comparison of Section 49 "Site Restoration Fund" between the Income-Tax Act, 2025 (as passed) and th...
    Act RulesIncome Tax
    Comparison of Section 48 "Tea development account, coffee development account and rubber development...
    Act RulesIncome Tax
    Comparison of Section 46 "Capital expenditure of specified business" between the Income-Tax Act, 202...
    Act RulesIncome Tax
    Comparison of Section 45 "Expenditure on scientific research" between the Income-Tax Act, 2025 (as p...
    Act RulesIncome Tax
    Comparison of Section 44 "Amortisation of certain preliminary expenses" between the Income-Tax Act, ...
    Act RulesIncome Tax
    Comparison of Section 42 "Capitalising impact of foreign exchange fluctuation" between the Income-Ta...
❯❯
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
    Act RulesIncome Tax
    Show AI Summary
    Roll over relief for capital gains: reinvestment in specified long term bonds defers tax subject to time, holding and cap conditions.
    Relief defers tax on long term capital gains from transfer of land or building when reinvested within six months into notified long term bonds, with a statutory investment ceiling and a five year holding requirement; breach by transfer, conversion to money, or borrowing on the bond triggers deeming of previously exempted amounts as taxable long term capital gains and disallows a specified deduction for amounts claimed under the relief.
    Act RulesIncome Tax
    Show AI Summary
    Capital gains deferral for compulsory acquisition where reinvestment in industrial undertaking preserves tax neutrality subject to deposit and timelines.
    Section 84 conditions tax neutrality for capital gains on compulsory acquisition of industrial land/buildings where the assessee reinvests proceeds in a replacement asset within the prescribed reinvestment period; excess proceeds over new-asset cost are charged as income and certain cost-basis adjustments apply for disposals within the reinvestment period. Unutilised proceeds must be deposited in a specified institution and applied per a notified scheme by the return-filing due date, with documentary proof required and residual unutilised amounts charged as income.
    Act RulesIncome Tax
    Show AI Summary
    Deemed consideration rule: stamp duty value treated as full consideration for capital gains when declared consideration is lower.
    The provision deems the stamp duty value of land or building to be the full value of consideration for section 72 where declared consideration is lower, subject to a date of agreement exception conditioned on prescribed electronic/banking payment modes and a 110% safe harbour allowing actual consideration to prevail when stamp duty value does not exceed 110% of consideration; Assessing Officers may refer valuation claims to a Valuation Officer where the assessee asserts stamp duty value exceeds fair market value and the stamp duty value has not been contested.
    Act RulesIncome Tax
    Show AI Summary
    Deeming of short-term capital gains where transfers from a depreciable block exceed transfer expenses, opening WDV and acquisition cost.
    Section 74 prescribes that when consideration received or accruing in a tax year for transfers of one or more assets in a depreciable block exceeds, after deducting transfer-related expenditure, the opening written-down value of the block and the actual cost of additions during the year, the excess is deemed to be capital gains arising from the transfer of short-term capital assets; if the entire block is transferred in the year, cost of acquisition is the opening WDV plus costs of additions and resulting receipts are similarly deemed short-term capital gains.
    Act RulesIncome Tax
    Show AI Summary
    Deemed cost of acquisition: prior-owner cost continuity and formulaic apportionment govern non purchase transfers and restructurings.
    Section 73 prescribes deemed cost of acquisition rules for assets received by non-purchase modes: generally continuing the previous owner's cost (adjusted for improvements) and prescribing formulaic apportionment or fair market value bases for corporate reorganisations, mutual fund segregations/consolidations and specified instruments, with application guided by cross-references and delegated definitions.
    Act RulesIncome Tax
    Show AI Summary
    Indexation of acquisition costs limited to prescribed computation item, narrowing administrative discretion and clarifying taxpayer application.
    Section 72 prescribes that capital gains equal the full value of consideration less specified deductions (transfer expenditures, cost of acquisition and improvements), with indexation applying in prescribed contexts as indexed equivalents; it excludes certain items from deduction, provides cost adjustments for business trust distributions, grants specified entities additional prescribed deductions, and imposes special currency conversion and rupee appreciation rules for non residents, while defining indexed cost calculations by reference to a Cost Inflation Index.
    Act RulesIncome Tax
    Show AI Summary
    Tax-neutrality for corporate reorganisations, IFSC fund relocations, non-resident transfers and conversions subject to specified conditions.
    Section 70 treats specified transfers as not constituting a transfer for capital gains, rendering many corporate reorganisations, succession transfers, conversions, certain non-resident-to-non-resident transactions and relocations of foreign funds into IFSC-located resultant funds tax-neutral only where qualifying tests - including shareholding continuity, residency/domestic-company status, regulatory registration and non-taxation in the foreign jurisdiction - and documentary conditions are satisfied.
    Act RulesIncome Tax
    Show AI Summary
    Specified derivative transaction criteria change tax classification and impose documentary and platform compliance obligations for derivative trades.
    The enacted Section 66 narrows and reorders interpretive definitions governing Chapter IV D, alters key terms (including shifting focus from "commodity derivative" to "commodities transaction tax"), moves some enterprise classifications to notification based criteria, and changes successor/predecessor coverage. It also revises the functional tests and documentary preconditions for specified derivative transaction and speculative transaction status - emphasising electronic execution, prescribed platforms/intermediaries and time stamped contract notes with UCI and PAN - thereby creating clear compliance triggers and greater reliance on delegated notifications and rules.
    Act RulesIncome Tax
    Show AI Summary
    Maintenance of books of account: record keeping duty for specified professions and businesses; Board to prescribe particulars and retention.
    Section 62 requires maintenance of books and documents to enable computation of total income by specified professions, businesses meeting alternative income or turnover tests, and professions notified by the Board. The Board may prescribe the form, particulars, manner, place and retention periods. The enacted text repositions the Board's notification power into the definition of specified professions, corrects an apparent turnover threshold error for individuals/HUFs, and revises cross references affecting deemed profits carve outs; operational details depend on subsequent rules and the referenced tables.
    Act RulesIncome Tax
    Show AI Summary
    Presumptive taxation for non resident activities fixes taxable profits on defined receipts and narrows audit relief.
    Section 61 prescribes a presumptive taxation method for six specified non resident activities, fixing taxable profits as percentages of defined receipts (A and B) and supplying definitions and examples for those receipts; it bars deductions or losses against income so computed, prescribes written down value treatment, and permits audit based claims of lower actual profits only where expressly allowed and subject to strict bookkeeping and audit compliance, while the Act narrows those reliefs and clarifies definitional and non application provisions.
    Act RulesIncome Tax
    Show AI Summary
    Presumptive taxation regime clarified for small businesses and goods carriage operators, altering computation and compliance timing.
    Section 58 creates a presumptive taxation regime for small businesses, goods carriage operations and specified professions, prescribing turnover limits and fixed presumptive computation methods. Taxpayers may elect actual profits but must maintain books and obtain an audit if total income exceeds the basic exemption limit. The enacted text clarifies that receipts received by specified banking or online modes count for a lower percentage only if received during the tax year or before the due date, treats non account payee cheques/bank drafts as cash for cash tests, and expressly excludes goods carriage receipts from aggregation for monetary limits under book keeping/audit rules.
    Act RulesIncome Tax
    Show AI Summary
    Deemed consideration: stamp duty value may be treated as full value where declared consideration is lower.
    The provision deems the stamp duty value to be the full value of consideration for transfers of non-capital land or buildings where declared consideration is below stamp duty value, subject to a statutory tolerance that preserves actual consideration if stamp duty value is within a specified margin; agreement date stamp valuations may be used when agreement and registration dates differ provided consideration (or part) was received by specified banking/online modes on or before the agreement date, with determination mechanics governed by cross referenced valuation rules.
    Act RulesIncome Tax
    Show AI Summary
    Amortisation rules for telecom spectrum and licence fees require time spread deductions and proceeds offset on transfer.
    The section prescribes amortisation in equal instalments for four categories of expenditure-amalgamation/demerger costs, SVR payments, spectrum fees and licence fees-starting from specified initial tax years (event/payment or later of business commencement/payment) and, for spectrum/licence, running co terminous with the life of the right. Transfers of spectrum/licence rights trigger offsetting of proceeds against remaining unallowed expenditure with specified income inclusion rules and a formula for part transfers; amalgamation/demerger transfers to an Indian company preserve the section's application to the successor. Depreciation exclusion and reassessment mechanics for wrongful allowance are also provided.
    Act RulesIncome Tax
    Show AI Summary
    Amortisation of prospecting expenditure permits staged tax deduction subject to funding reductions, exclusions and audit conditions.
    Amortisation allows an Indian company or resident (other than a company) engaged in prospecting for specified minerals to capitalise qualifying expenditure incurred in the year of commercial production and up to four preceding years, claim periodic instalments after reducing amounts funded by others and realizations (sale, salvage, compensation, insurance), and excluding site/deposit acquisitions and depreciable capital assets; instalments are limited so as not to reduce income from commercial exploitation below nil, unallowed amounts may be carried forward within the overall amortisation period, and audit and prescribed reporting are required for non-company assessees.
    Act RulesIncome Tax
    Show AI Summary
    Site restoration fund deductions for petroleum operations, with recapture on asset disposals governed by Schedule X.
    Section 49 creates a Site Restoration Fund regime for petroleum and natural gas operations under a Central Government agreement, allowing deductions for deposits to a designated special account or site restoration account with computation governed by Schedule X. Withdrawals or transfers from those accounts are taxable in the year of withdrawal/transfer under Schedule X. The Act removes a clause in the Bill that explicitly deemed a portion of asset cost relatable to prior deductions as business income on sale within a specified holding period, instead delegating disposal and recapture rules to Schedule X.
    Act RulesIncome Tax
    Show AI Summary
    Recapture on premature disposal reverses deduction for deposits into designated tea, coffee and rubber development accounts, taxing attributable cost on disposal.
    Clause 48 permits a deduction for deposits into designated tea, coffee and rubber development accounts, with computation governed by Schedule IX; withdrawals or transfers are chargeable to tax in the year of transfer/withdrawal as per Schedule IX, and disposal of assets acquired under the scheme within the protective holding period results in deeming that portion of the asset cost attributable to earlier deductions as business income in the year of sale or transfer.
    Act RulesIncome Tax
    Show AI Summary
    Immediate deduction of capital expenditure for specified businesses, subject to conditions, approvals and an eight-year recapture rule.
    The Act permits an elective immediate deduction of whole capital expenditure incurred wholly and exclusively for specified businesses in the year of incurrence (or in year of commencement if pre-commencement cost is capitalised), subject to specified commencement dates, definitions and conditions. The deduction is disallowed where a business is formed by splitting/reconstruction or by transfer of previously used machinery (except a limited de minimis exception), requires specified approvals/notifications for certain sectors, excludes land/goodwill/financial instruments and cash over prescribed limits, and is subject to an eight-year sole-use recapture mechanism with depreciation adjustment.
    Act RulesIncome Tax
    Show AI Summary
    Scientific research deductions conditional on prescribed authority certification, approval for in-house R&D, and prohibition on duplicate claims.
    The provision allows deductions for capital and revenue expenditure on business-related scientific research, excluding land costs, and deems qualifying pre-commencement salaries, materials and capital costs to the year of commencement if certified by the prescribed authority. In-house R&D deductions are available for prescribed companies with approved facilities and qualifying costs subject to prescribed conditions and documentation. Payments to approved research entities are deductible only for approved programmes and recipients. Non-duplication rules bar claiming the same expenditure under other provisions and exclude parallel asset-based deductions where research deductions have been taken.
    Act RulesIncome Tax
    Show AI Summary
    Amortisation of preliminary expenses allows spreading eligible start-up costs over successive years subject to statutory cap and compliance conditions.
    The provision permits amortisation of specified preliminary and project-related expenditures by resident Indian assessees through equal annual deductions over five successive tax years beginning with the year the undertaking becomes operational or the year of commencement. Eligible items include feasibility and project reports, market surveys, engineering services, specified legal and registration costs, prospectus and public issue expenses for companies, and other prescribed items not deductible under any other provision. A statutory cap restricts the allowable deduction to a percentage of project cost or capital employed, with project cost tied to actual cost as shown in the books, and procedural conditions require prescribed filings and audited accounts for certain taxpayers.
    Act RulesIncome Tax
    Show AI Summary
    Capitalising foreign exchange fluctuation adjusts asset cost to reflect exchange-rate differences between acquisition and payment.
    Section 42 requires capitalisation of foreign exchange variation by computing A = B - C, where B is INR paid during the tax year (excluding parts met by others) for asset cost or repayment of foreign-currency borrowings used to acquire the asset, and C is the INR liability corresponding to that payment at acquisition; the variation is added to or deducted from the asset's actual cost, specified capital expenditure categories, or cost of acquisition for set-off purposes, with forward-contract-covered amounts computed at the contract rate.

    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