GST e-Way Bill under Rule 138 — thresholds, validity, cancellation
An e-way bill must be generated under Rule 138 of the CGST Rules before goods worth more than ₹50,000 move, though some states set a different limit for intra-state movement. Validity is one day per 200 km for regular cargo, and a bill can be cancelled within 24 hours. Moving without one risks detention and penalty under Sec 129.
When e-Way Bill is mandatory
Generated by the supplier (or transporter / recipient in certain cases) before goods are moved if:
- Consignment value > ₹50,000 (including tax, excluding exempt portion)
- Movement is in relation to: supply, reasons other than supply (e.g., job-work, branch transfer), inward supply from unregistered
Some states have lower intra-state thresholds — Tamil Nadu: ₹1 lakh for select commodities; Bihar / West Bengal / others: ₹1 lakh for many categories. Check your state notification.
What goes on the e-Way Bill
Form GST EWB-01 has two parts:
- Part A (mandatory): GSTIN of supplier + recipient, invoice number, date, value, HSN, reason for transport, transporter ID
- Part B (mandatory before movement): Vehicle number OR transporter document number (Lorry Receipt / Bilty)
Part A without Part B = goods can't move. Generated separately because Part A often pre-printed at invoice time, Part B updated when actual vehicle is decided.
Validity — distance-based formula
| Distance | Validity (normal cargo) | Validity (Over-dimensional cargo) |
|---|---|---|
| Up to 200 km | 1 day | 1 day |
| Every additional 200 km | +1 day | +1 day (per 20 km for ODC) |
So a Chennai → Bengaluru consignment (350 km) = 2 days validity. Chennai → Delhi (~2,200 km) = 11 days. ODC (over-sized — e.g., heavy machinery) gets stricter 20 km/day clock.
"Day" is calculated from midnight to midnight, NOT 24 hours from issuance. e-Way Bill generated at 11pm has effectively 1 hour of "Day 1" before midnight rolls in.
Extending validity
If the consignment can't reach destination within validity (truck breakdown, delay, route change), you can extend the e-Way Bill — but only:
- Within 8 hours before expiry OR 8 hours after expiry
- By the transporter or by the original generator
- With a reason — system has predefined categories
Miss the 8-hour-after window and the e-Way Bill is dead. Goods continue on a dead Bill → detention if intercepted.
24-hour cancellation window
If a transaction falls through (sale cancelled, customer rejects, wrong vehicle assigned), the e-Way Bill must be cancelled within 24 hours of generation. After 24 hours, it's locked and cannot be cancelled — only allowed to expire.
Critical: an active but uncancelled e-Way Bill becomes evidence of an unreported outward supply. The AO can demand: "where's the GSTR-1 entry for this e-Way Bill?" If the goods didn't actually move, you have no GSTR-1 entry → reconciliation gap.
Vehicle change mid-journey
If the goods are transhipped (truck breaks down, sealed-container split), the transporter must update Part B with the new vehicle number via the portal. No re-generation needed; just update.
The 7 reasons consignments get detained
- e-Way Bill not generated (above threshold)
- e-Way Bill expired (validity over, not extended)
- Vehicle number on Bill doesn't match the actual transport
- HSN code mismatch on the invoice vs e-Way Bill
- Material description doesn't match physical inspection (e.g., declared "rice", actually "fabric")
- Value mismatch (under-invoicing detected)
- Multiple consignments on one e-Way Bill (or one consignment split across multiple Bills inappropriately)
Detention process
If officer detains under Sec 129:
- Issues Form MOV-01 (intimation of detention)
- Within 7 days, issues Form MOV-07 (notice for tax + penalty)
- Tax = applicable GST rate on the goods. Penalty = 100% of tax payable (for taxable supplies) or 25% of value (for exempt)
- Release: either pay the tax + penalty, OR furnish a bank guarantee for the same
- If unresolved within 14 days, goods can be confiscated under Sec 130
You have the right to appeal within 30 days. The appeal route is now faceless via DRC-03 + appellate authority.
📌 The "B2B genuine but no e-Way Bill" trap: Even genuine B2B supplies above ₹50K without e-Way Bill attract the full Sec 129 penalty stack. The defence "but we issued a tax invoice with GST" doesn't help — the e-Way Bill is the movement document, the invoice is the supply document. They're independent.
e-Way Bill vs e-Invoice — different beasts
Don't confuse:
- e-Invoice — IRN generation on the IRP for every B2B invoice (mandatory for businesses > ₹5 Cr turnover, see our brief)
- e-Way Bill — separate movement document, generated for every consignment > ₹50K
e-Invoice happens before / at invoice generation. e-Way Bill happens before goods movement. They're linked (e-Invoice auto-populates Part A of e-Way Bill if integrated) but logically distinct.
The Finclar take
e-Way Bill is the lowest-effort highest-risk piece of GST compliance. Generating one takes 90 seconds; missing one costs ₹10K-₹1 L per consignment. The discipline failure is almost always at the dispatch desk — someone forgets, the driver leaves, the truck gets stopped. The fix is procedural: any goods leaving the warehouse without an e-Way Bill printout taped to the invoice is the dispatch clerk's accountability. We've helped clients move from "monthly detention call" to "zero" with this single SOP change.
