Rule - 138A, Documents and devices to be carried by a person-in-charge of a conveyance (CGST Rules, 2017)

Rule - 138A, Documents and devices to be carried by a person-in-charge of a conveyance (CGST Rules, 2017)

Goods & Services Tax

Documents and devices to be carried by a person-in-charge of a conveyance.

(1) The person in charge of a conveyance shall carry-



(a) the invoice or bill of supply or delivery challan, as the case may be; and


(b) a copy of the e-way bill in physical form or the e-way bill number in electronic form or mapped to a Radio Frequency Identification Device embedded on to the conveyance in such manner as may be notified by the Commissioner:


Provided that nothing contained in clause (b) of this sub-rule shall apply in case of movement of goods by rail or by air or vessel.


*4*[Provided further that in case of imported goods, the person in charge of a conveyance shall also carry a copy of the bill of entry filed by the importer of such goods and shall indicate the number and date of the bill of entry in Part A of FORM GST EWB-01.]


(2)  A registered person may obtain an Invoice Reference Number from the common portal by uploading, on the said portal, a tax invoice issued by him in FORM GST INV-1 and produce the same for verification by the proper officer in lieu of the tax invoice and such number shall be valid for a period of thirty days from the date of uploading.


(3)  Where the registered person uploads the invoice under sub-rule (2), the information in Part A of FORM GST EWB-01 shall be auto-populated by the common portal on the basis of the information furnished in FORM GST INV-1.


(4)  The Commissioner may, by notification, require a class of transporters to obtain a unique Radio Frequency Identification Device and get the said device embedded on to the conveyance and map the e-way bill to the Radio Frequency Identification Device prior to the movement of goods.


(5)  Notwithstanding anything contained in clause (b) of sub-rule (1), where circumstances so warrant, the Commissioner may, by notification, require the person-in-charge of the conveyance to carry the following documents instead of the e-way bill 


(a)  tax invoice or bill of supply or bill of entry; or


(b)  a delivery challan, where the goods are transported for reasons other than by way of supply.]


Notes:-


*1*. Inserted vide Notification no. 27/2017 dated 30-8-2017, w.e.f .....



*2*. Substituted vide Notification No. 3/2018 Dated 23-01-2018, w.e.f. 1st February, 2018, before it was read as, “Notwithstanding anything contained”


*3*. Substituted vide Notification No.12/2018 - Dated 07-03-2018, before it was read as,


"[1]138A. Documents and devices to be carried by a person-in-charge of a conveyance.-


(1) The person in charge of a conveyance shall carry-


(a)  the invoice or bill of supply or delivery challan, as the case may be; and


(b)  a copy of the e-way bill or the e-way bill number, either physically or mapped to a Radio Frequency Identification Device embedded on to the conveyance in such manner as may be notified by the Commissioner.


(2)  A registered person may obtain an Invoice Reference Number from the common portal by uploading, on the said portal, a tax invoice issued by him in FORM GST INV-1 and produce the same for verification by the proper officer in lieu of the tax invoice and such number shall be valid for a period of thirty days from the date of uploading.


(3)  Where the registered person uploads the invoice under sub-rule (2), the information in Part A of FORM GST EWB-01 shall be auto-populated by the common portal on the basis of the information furnished in FORM GST INV-1.


(4)  The Commissioner may, by notification, require a class of transporters to obtain a unique Radio Frequency Identification Device and get the said device embedded on to the conveyance and map the e-way bill to the Radio Frequency Identification Device prior to the movement of goods.


(5) *2*[Notwithstanding anything contained in] clause (b) of sub-rule (1), where circumstances so warrant, the Commissioner may, by notification, require the person-in-charge of the conveyance to carry the following documents instead of the e-way bill-


(a)  tax invoice or bill of supply or bill of entry; or


(b)  a delivery challan, where the goods are transported for reasons other than by way of supply."


*4*. Inserted vide Notification No. 39/2018 – Central Tax dated 04-09-2018

CONCEPTS