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Published on:
February 23, 2023
By
Pranjal Gupta

E-Way Bill in case of Transit Sale or delivery to third Party

Electronic Way Bill or E-Way Bill is a prerequisite for the movement of goods across India. The introduction of the E-Way Bill system in India was a crucial step towards ensuring the smooth and hassle-free movement of goods across the country. Under the GST regime, it is mandatory for businesses to generate an E-Way Bill whenever goods are moved from one place to another.

In the case of Transit Sale or delivery to a third party, the E-Way Bill rules are slightly different.

What is Transit Sale?

It is when the goods are sold by the original seller to a third party during the movement of goods from one place to another. This could happen due to a variety of reasons such as a change in the buyer's requirements, cancellation of the order, or any other reason.

When it comes to Transit Sale or delivery to a third party, the responsibility of generating the E-Way Bill lies with the person who is causing the movement of goods. In other words, if the original seller has already generated the E-Way Bill and during the transit, the goods are sold to a third party, then the responsibility of updating the E-Way Bill lies with the person who caused the movement of goods. This could be the original seller or the buyer who is causing the movement of goods.

Let us understand this with an example.

Mr. A sells goods to Mr. B and generates the E-Way Bill. During the transit, Mr. B sells the goods to Mr. C. In this case, the responsibility of updating the E-Way Bill lies with Mr. B as he is the person who caused the movement of goods. Mr. B will have to generate a new E-Way Bill or update the existing one with the details of the new buyer i.e. Mr. C. If Mr. B fails to do so, he will be held liable for any penalties or fines.

It is important to note that the E-Way Bill rules for Transit Sale or delivery to a third party are applicable only when there is a change in the buyer's details. If the goods are delivered to the original buyer, then the E-Way Bill generated by the original seller will suffice.

Another important point to note is that the E-Way Bill generated or updated for a Transit Sale or delivery to a third party must be done within the validity period of the original E-Way Bill. The validity of the E-Way Bill is dependent on the distance covered by the goods. For every 100 km or part thereof, the validity of the E-Way Bill is one day.

Conclusion

In conclusion, the E-Way Bill rules for Transit Sale or delivery to a third party are slightly different from the regular E-Way Bill rules. The responsibility of generating or updating the E-Way Bill lies with the person who is causing the movement of goods. It is important to follow these rules to avoid penalties or fines.

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Updated on:
March 16, 2024