1. E-Way Bill Rules for Intra-State Movement of Gold, Precious Stones, etc.: Key Highlights

    In the context of INTRA-STATE movement of gold, precious stones, and similar items, new rules for the generation of e-way bills have been outlined in Notification No. 38/2023, dated 04-08-2023 – The CGST (Second Amendment) Rules, 2023. It’s crucial to note that the implementation of these rules depends on the issuance of notifications by individual states. As of now, West Bengal has not yet notified these rules.

    Key Points:

    1. Applicability:

      • Pertains to Intra-State Supply, i.e., movement within the state only.
    2. Threshold Limit:

      • Each state will notify the consignment value, not below Rs. 2 lakhs, for applicability.
      • Consignment value includes CGST/SGST charged and excludes the value of exempt supply of goods when the invoice covers both exempt and taxable supplies.
    3. Items Covered:

      • a) Jewellery, goldsmiths’ and silversmiths’ wares, and other articles (Chapter 71).
      • b) Natural or cultured pearls, precious or semi-precious stones; precious metals and metals clad with precious metal (Chapter 71).
      • (Imitation Jewellery (7117) continues to follow normal e-way bill procedures)
    4. E-Way Bill Required for:

      • a) Supply.
      • b) Reasons other than supply, e.g., job work, goods sent on approval, goods sent for hallmarking, movement to/from Karigar, intra-branch transfers within the state, etc.
      • c) Inward supply from an unregistered person, like purchase from unregistered vendors.

      In-Store Sales/Purchases:

      • For in-store sales or old gold purchases in the store, it’s likely that e-way bill provisions may not apply as movement is initiated by customers, not the supplier.
      • Similarly, for unregistered customers visiting the store for exchange or sale, e-way bill may not be required as there is no movement caused by the registered person.
    5. Procedural Aspect:

      • Only Part A of FORM GST EWB-01 needs to be generated.
      • E-commerce operators or courier agencies can also furnish this when transporting goods supplied through them.
      • Part B details, including vehicle number and transporter details, are not required for e-way bills related to gold.
    6. Exemption from E-Way Bill Generation:

      • Goods transported from customs port, airport, air cargo complex, or land customs station to an inland container depot or a container freight station for Customs clearance.
      • Goods transported under customs bond from an inland container depot or a container freight station to a customs port, airport, air cargo complex, or land customs station.
      • Goods transported under customs supervision or under customs seal.

      Key Points:

      • E-way bill portal:
      • Extension of e-waybill is allowed without updating Part-B details.
      • Cancellation or rejection by a registered recipient can be done within 24 or 72 hours of e-way bill generation.
      • The e-Waybill for Gold is available as a separate option in the main menu.
      • Validity is based on the pin-to-pin distance of origin and destination.
      • In case of hand delivery, specific clarifications for the jewellery industry are awaited.

    These rules aim to streamline the intra-state movement of gold and precious items, but practitioners await further clarifications for specific scenarios within the jewellery industry.