CBIC clarification on imposition of penalty in case of minor discrepancies in the details mentioned in the e-way bill although there are no major lapses in the invoices accompanying the goods in movement vide Circular No. 64/38/2018-GST Dated 14th September, 2018

CBEC/20/16/03/2017-GST
Government of India
Ministry of Finance
Department of Revenue
Central Board of Indirect Taxes and Customs
GST Policy Wing
New Delhi
***

Circular No. 64/38/2018-GST

Dated 14th September, 2018

To,

The Principal Chief Commissioners / Chief Commissioners / Principal Commissioners / Commissioners of Central Tax (AlI) / The Principal Di rectors General / Directors General (AlI )

Madam/Sir,

Subject: Modification of the procedure for interception of conveyances for inspection of goods in movement, and detention, release and confiscation of such goods and conveyances, as clarified in Circular Nos. 41/15/2018-GST dated 13.04.2018 and 49/23/2018-GST dated 21.06.2018 – regarding

Kind attention is invited to Circular No. 41/15/2018-GST dated 13th April, 2018 as amended by Circular No. 49/23/2018-GST dated 21st June, 2018 vide which the procedure for interception of conveyances for inspection of goods in movement, and detention, release and confiscation of such goods and conveyances was specified.

2. Various representations have been received regarding imposition of penalty in case of minor discrepancies in the details mentioned in the e-way bill although there are no major lapses in the invoices accompanying the goods in movement. The matter has been examined. In order to clarify this issue and to ensure uniformity in the implementation of the provisions of the law across the field formations, the Board, in exercise of its powers conferred under section 168 of the Central Goods and Services Tax Act, 2017 (hereinafter referred to as ‘the CGST Act’) hereby clarifies the said issue hereunder.

3. Section 68 of the CGST Act read with rule 138A of the Central Goods and Services Tax Rules, 2017 (herd nafter referred to as ‘the CGST Rules’) requires that the person in charge of a conveyance carrying any consignment of goods of value exceeding Rs 50,000/- should carry a copy of documents viz., invoice/bill of supply/delivery challan/bill of entry and valid e-way bill in physical or electronic form for verification. In case such person does not carry the mentioned documents, there is no doubt that a contravention of the provisions of the law takes place and the provisions of section 129 and section 130 of the CGST Act are invocable. Further, it may be noted that the non-furnishing of information in Part B of FORM GST EWB-01 amounts to the e-way bill becoming not eyelid document for the movement of goods by road as per Explanation (2) to rule 138(3) of the CGST Rules, except in the case where the goods are transported for a distance of upto fifty kilometres within the State or Union territory to or from the place of business of the transporter to the place of business of the consignor or the consignee, as the case may be

4. Whereas, section 129 of the CGST Act provides for detention and seizure of goods and conveyances and their release on the payment of requisite tax and penalty in cases where such goods are transported in contravention of the provisions of the CGST Act or the rules made It has been informed that proceedings under section 129 of the CGST Act are being initiated for every mistake in the documents mentioned in para 3 above. It is clarified that in case a consignment of goods is accompanied by an invoice or any other specified document and not an e-way bill, proceedings under section 129 of the CGST Act may be initiated.

5. Further, in case a consignment of goods is accompanied with an invoice or any other specified document and also an e-way bill, proceedings under section 129 of the CGST Act may not be initiated, inter alia, in the following situations:

a) Spelling mistakes in the name of the consignor or the consignee but the GSTIN, wherever applicable, is correct;

b) Error in the pin-code but the address of the consignor and the consignee mentioned is correct, subject to the condition that the error in the PIN code should not have the effect of increasing the validity period of thee-way bill;

c) Error in the address of the consignee to the extent that the locality and other details of the consignee are correct;

d) Error in one or two digits of the document number mentioned in the e-way bill;

e) Error in 4 or 6 digit level of HSN where the first 2 digits of HSN are correct and the rate of tax mentioned is correct;

f) Error in one or two digits/characters of the vehicle number.

6. In case of the above situations, penalty to the tune of Rs 500/- each under section 125 of the CGST Act and the respective State GST Act should be imposed (Rs.1000/- under the IGST Act) in FORM GST DRC-07 for every consignment. A record of all such consignments where proceedings under section 129 of the CGST Act have not been invoked in view of the situations listed in paragraph 5 above shall be sent by the proper officer to his controlling officer on a weekly basis.

7. Difficulty, if any, in implementation of this Circular may please be brought to the notice of the Board. Hindi version would follow.

(Upender Gupta)

Commissioner (GST)

More Under Goods and Services Tax

36 Comments

  1. Rohan Modi says:

    Dear Sir,
    My One Vehicle Is Catch By GST officer Near Dhuliya, Maharshtra, and They Tell Me your mistake is WRONG Transaction Type. is it any penalty for this mistake?

  2. ARAVIND says:

    MADURAI TO CHENNAI TRUCK ARRIVED CHENNAI.
    VEHICLE IS BREAK DOWN I HAVE CHANGE LOAD IN ANOTHER TRUCK BUT UNFORTUNATELY FORGOT CHANGE THE Vehicle no what is the fine amount

    sale tax officer is bargaining to me give amount 15000

    what is fine amount

    how to handle this problem i have document this load and eway bill also

  3. nayyar says:

    Dear Sir,
    Transportation of each good to same party same goods less than 50000 but we continue supply upto 14 to 15 days for such invoice arise more than 10 lakhs e way bill apply or not

  4. PATTABIRAMAN says:

    GENERATED MORETHAN ONE INVOICE FOR SAME DESTINATION IN VARIOUS MATERIALS AND RAISED ONE EWAY BILL WRONGLY, BY MISTAKELY RAISED IN CONSIGNEE ADDRESS IN CONSIGNOR PLACE AND SHIP TO ADDRESS IN CONSIGNEE PLACE (CONSIGEE ADDRESS & GODOWN/SHIPTO ADDRESSES ARE SAME PLACE (IGST)). THE DESTINATION SHOWS 16 KMS INSTEAD OF 1600 KMS. NOW EWAY BILL IS EXPIRED AND GOT SEIZED. HOW TO RECTIFY THIS. INSPECTOR ASKING PENALTY, BUT WE WRONGLY RAISED EWAY BILL AND NOT INVOICE.

  5. sadashiv pet , pune 411030 says:

    at the time of making e way bill i have edited the old e way bill i have done mistake that , i have not edited dispatched form ashok sugars inspite of vishwaraj sugars industries ltd , but i have paid gst correctly as per rule of gst act . then what should be result it my document were checked on the checkpost of karnataka maharashtra border in karnatka directly panalty show the officer Panaled the IGST Amt & same panalty me can claim the this double paid gst amt and panalty

  6. Anil kumar illendula says:

    Dear Sir,
    The truck No. mentioned by us in the E way bill-Part-B and transporting material is different , due to NO ENTRY INTO THE city .the distance is 12 km only.
    Truck was detained at Telangana due to
    The truck No. mismatch. What is the fine to be paid there.

  7. Rayan says:

    Dear Sir,
    We have sent a cargo from Chennai to Aurangabad.
    The truck No. is wrongly mentioned by us in the E way bill-Part-B
    Truck was detained at Telangana due to
    The truck No. mismatch. What is the fine to be paid there.

  8. Ramji says:

    Dear Sir i am Ramjil, I have one question , My goods was send from jaipur to sitarganj on 07.01.2021 , but one mistake done by me unfortunately i have entered 07.01.2021 in waybill instead of 01.01.2021 because invoice date was 01.01.2021 and time of removel is mentioned in invoice is 07.01.2021. Only the difference between eway bill & sales invoice is the date & truck was catch by GST office , he charged 200% of GST amount. MY Gst amount is 397000 he charged me 794000, is that any law of this mistake , this is human error only the date is mismatch , all material data & value is same.
    reply me as soon as possible.

  9. Ramji says:

    Dear sir,
    Date of document in tax invoice is 01.01.2021 but wrongly entered in ewaybil 07.01.2021 because ewaybill generation date is 07.01.2021 and time of removle 07.01.2021 also mentioned in invoice.
    All over after release the vehicle in transit tracked by gst department and penalized 200% of tax amount.
    Now please suggest me how I can get refund of penalty.

  10. Ankit Jain says:

    sir the taxable value as per invoice is 740000 (which is correct) but when I have raised the eway bill the value of goods is 7600000.00 by mistake. pl. give the suggestin. the bill date & eway bill date is nov 2018

    Thanking You

  11. SUSHIL PATHAK says:

    Sir,
    If one e-way bill is generated for four invoices. Is there any penalty imposed by sale tax authorities if vehicle checked during transportation.

  12. HEMANT SHARMA says:

    we have raised the Eway bill to our cosutomer address this is Delhi but shiping address is Maharashtra and we issue eway bill is Delhi address, our customer remand is change the eway bill but after 24 hours we cant canceled the e way bill, party demand we issue the declaration if this eway bill related any future problem responsible to us , pls. suggest any declaration matter .

  13. HEMANT SHARMA says:

    To base on invoice tax we can generate e way bill only to bill to party AVANT GARDE as IGST is applied on invoice. As per your point of view you want e way bill on name of BHARAT SERUM, but how it is possible if we are delivered the material at Maharashtra State and SGST/CGST is applicable for BHARAT SERUM if material will deliver within Maharashtra to Maharashtra State.

  14. Karthik B says:

    Dear Sir,

    Iam a transporter I have moved one cargo from port to my client factory in that while preparing waybill I have given my truck as xxxx due to breakdown of that truck we changed the truck and moved the cargo, while unloading the cargo at the factory sales tax officer examined and stating truck number mentioned in EwayBill is different and we have to put fine. Cargo value is 900,000/- and they demanding 250,000/- I don’t no it is correct or not. Kindly give some clarification in this issue please

  15. roshan says:

    Hello sir,

    I have one issue with my waybill in the year 18-19, invoice value and e waybill value mismatch.Will there be any penalty on this clerical mistake

  16. MUKESH says:

    Ihave entered wrong rate in ewaybill,instead of 100 rupees i have typed 1000.& material delivered to party by trpt from Delhi to Gujrat now what should i do .72 hours also crossed.help me with this

  17. AM says:

    If we imported some material, in E-Way bill wrongly mentioned different supplier name than what happen?? how to resolve this issue ??

  18. Chand says:

    I have entered wrong rate in ewaybill,instead of 100 rupees i have typed 1000.now what should i do .72 hours also crossed.help me with this

  19. LITAN says:

    I have generated eway bill wrongly with gst number of other customer.but goods are collected by correct customer.what about that wrong eway bill .i could not cancel then what i have to do

  20. MOHAN says:

    We raised a e way bill, by mentioning Quantity in place of Value of the commodity. But Invoice Raised correctly. What is the penalty for above said e-way bill mistake under GST Act.

  21. dinesh says:

    we have issued E-way bill but officer hold vehicle due to excess kilometer mentioned in E-way bill
    two rout for reaching destination one is 130 km and 2nd 80 km but vehicle moved through short rout so vehicle hold can u reply what is implication in GST act

  22. Jay says:

    I have generated eway bill wrongly with gst number of other customer.but goods are collected by correct customer.what about that wrong eway bill .i could not cancel then what i have to do

  23. Alok Rastogi says:

    We have dispatched One Machine (Goods of one invoice are being moved in multiple vehicles) loaded in 4 Lorries,
    We have issued 1 GST Invoice, Four Delivery Challan with Four E Waybill mention of Split Value in proportion, to the value of goods loaded.
    GST Invoice has mention of 4 Challan & 4 E waybill generated online, Also 4 Challan have mention of GST Invoice, Sachal DAl has detained 1 lorry and issued detention + penalty MOV1-4 and issued notice under section 129 of CGST Act,
    Can they issue Notice and hold goods in spite of GST Invoice + E waybill
    How can we rebut them and get goods released

  24. Pritesh Turakhia says:

    I require a suggestion on what can be the impact of the E way bill generated for the same invoice on different dates and not canceled within the time frame.
    Do we have to pay the full tax amount for the extra Eway bill.

  25. Pankaj Bothra says:

    What is the Clause For Minor mistakes as if Wrong Kilometers are mentioned in the E – Way Bill by human typing error ( Eg. 534 instead of 1534 KM )

    Does the Authority have any right to Levy a penalty on it or can be just overseen as all the other details including the destination, and all the other details are properly mentioned.

    Thanks & Regards.

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