Non-Generation of E-Way Bill Under GST: Penalties and Common Mistakes

Non-Generation of E-Way Bill Under GST: Penalties and Common Mistakes

Under the Goods and Services Tax (GST) regime, the E-Way Bill system ensures seamless tracking of the movement of goods and prevents tax evasion. However, failure to generate an E-Way Bill can lead to serious consequences. This blog covers the key aspects of E-Way Bill generation, penalties for non-compliance, common mistakes, and best practices for businesses.

What is an E-Way Bill?

Under GST, anyone transporting goods worth more than ₹50,000 must generate an E-Way Bill. It ensures accountability and transparency during the movement of goods and is applicable in the following scenarios:

  • Inter-State supply of goods
  • Intra-State movement (in specific states as notified)
  • Movement due to sale, job work, branch transfer, exhibition, or return

As per Rule 138 of the CGST Rules, 2017, the supplier or transporter must generate the E-Way Bill before starting the movement of goods.

13 Key Points to Keep in Mind While Generating E-Way Bill

1. Value of Consignment

    Mandatory if the invoice value exceeds ₹50,000, including GST.

    2. Required Details

    To generate a valid E-Way Bill, the following details must be provided:

    • Invoice/Challan Number and Date
    • Consignor and Consignee Name, Address, and GSTIN
    • HSN Code and Description of goods
    • Quantity and Value of goods
    • Transport details (Transporter ID or vehicle number)
    3. Modes of Transport

    E-Way Bill can be generated for movement via:

    • Road
    • Rail
    • Air
    • Ship
    4. Validity Period Based on Distance
    • Up to 200 km – 1 day
    • Every additional 200 km – +1 additional day

    Note: Validity is calculated from the date and time of generation of Part B.

    5. Part A and Part B
    • Part A: Contains business and invoice details – filled by the supplier or recipient.
    • Part B: Contains transporter and vehicle details – must be updated before movement.
    6. Bill To – Ship To Model

    Ensure accurate matching of addresses and names to avoid mismatch errors and possible detention.

    7. E-Way Bill for Exempted Goods

    Not required when transporting goods fully exempt under GST (e.g., fresh vegetables, milk, salt, etc.), unless notified otherwise.

    8. Cases Where E-Way Bill is Not Required
    • Transportation of goods by a non-motorised conveyance
    • Goods transported under Customs supervision
    • Empty cargo containers
    • Transport to/from defence formations
    9. E-Way Bill for Export/Import
    • Required for movement of goods to/from port, airport, ICD, or CFS.
    • Must include proper documentation (e.g., shipping bill).
    10. E-Way Bill for Oversized Cargo

    Allowed to move on Part A only, with specific provisions for delayed movement and relaxation in Part B.

    11. One Invoice – Multiple Vehicles

    When goods are shipped in parts using different vehicles, the supplier must generate multiple E-Way Bills for the same invoice, with each E-Way Bill referring to the original invoice.

    12. CKD/SKD Shipments

    In case of goods transported in completely knocked down (CKD) or semi knocked down (SKD) condition, separate E-Way Bills for each part are mandatory.

    13. Time Limit to Cancel or Extend E-Way Bill
    • Cancellation: Within 24 hours of generation if goods not moved.
    • The Extension Must be done within 8 hours before or 8 hours after expiry of validity.

    🚫 Consequences of Non-Generation of E-Way Bill

    Failure to generate an E-Way Bill when required is a serious non-compliance and invites penal action:

    Penalty Under Section 122 of CGST Act

    • ₹10,000 or the tax sought to be evaded (whichever is higher).

    Detention and Seizure – Section 129

    • The Goods and vehicle can be detained by officers.
    • Release only upon payment of penalty:
      • 200% of the tax (if owner comes forward)
      • 50% of the Value or 200% of the tax, which ever is higher (if owner doesn’t come forward)

    Prosecution and Further Proceedings

    • May lead to prosecution in case of repeated offenses.

    Section 130 can be invoked for confiscation of goods and conveyance.

    Common Mistakes in E-Way Bill Generation

    • Using wrong GSTIN or incorrect HSN codes
    • Not updating Part B (vehicle details) before transport
    • Wrong invoice value or mismatched values with invoice
    • Expired E-Way Bill validity especially in long-distance journeys
    • Creating multiple E-Way Bills for the same invoice
    • Incorrect or under-reported distance
    • Not generating E-Way Bill in Bill-to-Ship-to scenarios

    Best Practices to Avoid Non-Compliance

    • Integrate E-Way Bill generation with your billing/invoicing software
    • Regularly verify GSTIN and address of customers
    • Train staff responsible for E-Way Bill preparation
    • Keep printed and digital copies of E-Way Bills handy during transit
    • Communicate regularly with transporters about compliance requirements
    • Keep detailed records of transport documents for audit purposes

    Conclusion

    Non-generation of E-Way Bill can cause shipment delays, seizure, and financial penalties. For businesses engaged in the supply of goods, E-Way Bill compliance is critical not only to ensure smooth logistics but also to stay audit-ready.

    Understanding the rules, generating E-Way Bills accurately, and avoiding common errors can save time, money, and reputation.