Maharashtra postpones e-Way Bill roll-out to 31st May

NIMESH K. CHOTHANI
B.Com., LL.B., F.C.A., C.S., D.I.S.A

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MANSI PAREKH
B.Com., A.C.A

Maharashtra postpones e-Way Bill roll-out to 31st May

GST Commissioner of Maharashtra notified that e-Way Bill for intra-State supplies will be applicable from May 31, 2018 in Maharashtra vide Notification dated 25th April 2018 (Notification No. 15C/2018–State Tax).

e-Way Bill enforcement
Tax evasion was one of the reasons cited by the government for the fall in revenue collection in October 2017. Thus, the GST Council has empowered GST officers to implement and enforce all regulations relating to e-Way Bill for transporting goods and to intercept any conveyance to verify the e-Way Bill. Few points to be remembered in the enforcement of the e-Way Bill are as follows:

The physical verification of conveyances may be carried out by the officer.
Physical verification of the specific conveyance should be carried out only on the basis of trusted information on evasion of tax.
Any physical verification of the conveyance should be carried out after obtaining permission from the Commissioner.
A Summary Report of every inspection of goods in transit should be recorded online by the officer in Part A of Form GST EWB (e-Way Bill) – 03 within 24 hours of the inspection.
The Final Report in Part B of Form GST EWB-03 should be recorded within 3 days of such inspection.
Once a physical verification of the goods is carried out within or outside the state, no other verification inspection shall be carried out anywhere unless a specific information relating to evasion of tax is made available subsequently.
Consequences of not carrying e-Way Bill
The consequences of not generating and carrying the e-way bill can result in both monetary and non-monetary losses to the taxpayer. The penalties are as follows:
Monetary Penalty
As per Section 122 of the CGST Act, 2017, a taxable person who transports any taxable goods without the cover of specified documents (e-Way Bill is one of the specified documents) would be liable to a penalty of Rs.10,000/- or the tax sought to be evaded whichever is greater.
Detention and Seizure
Any goods not listed in a GST e-Way Bill that are  found being transported or stored will be liable to detention or seizure as per Section 129 of CGST Act, 2017.