Circular No. 61/35/2018-GST
Government of India
Department of Revenue
Central Board of Indirect Taxes and Customs
GST Policy Wing
New Delhi, Dated the 4th September, 2018
The Principal Chief Commissioners / Chief Commissioners / Principal Commissioners /
Commissioners of Central Tax (All)
The Principal Directors General / Directors General (All)
Subject: E-way bill in case of storing of goods in godown of transporter – regarding
Various representations have been received on the matter pertaining to the textile sectorand problems being faced by weavers & artisans regarding storage of their goods in the warehouseof the transporter. It has been stated that textile traders use transporters’ godown for storage of their
goods due to their weak financial conditions. The transporters providing such warehousing facilitywill have to get themselves registered under GST and maintain detailed records in cases where thetransporter takes delivery of the goods and temporarily stores them in his warehouse for furthertransportation of the goods till the consignee/recipient taxpayer’s premises. The transport industry isfacing difficulties due to the same and a request has been made to treat these godowns as transitgodowns.
2. In view of the difficulties being faced by the transporters and the consignee/recipient taxpayerand to ensure uniformity in the procedure across the sectors and the country, the Board in exerciseof its power conferred under section 168(1) of the Central Goods and Services Tax Act, 2017
(hereafter referred to as the CGST Act) hereby clarifies the issues in the succeeding paragraphs.
3. As per rule 138 of the Central Goods and Services Tax Rules, 2017 (hereinafter referred to asthe CGST Rules) e-way bill is a document which is required for the movement of goods from thesupplier’s place of business to the recipient taxpayer’s place of business. Therefore, the goods in
movement including when they are stored in the transporter’s godown (even if the godown islocated in the recipient taxpayer’s city/town) prior to delivery shall always be accompanied by avalid e-way bill.
4. Further, section 2(85) of the CGST Act defines the “place of business” to include “a placefrom where the business is ordinarily carried out, and includes a warehouse, a godown or anyother place where a taxable person stores his goods, supplies or receives goods or services or
Circular No. 61/35/2018-GST
both”. An additional place of business is the place of business from where taxpayer carries outbusiness related activities within the State, in addition to the principal place of business.
5. Thus, in case the consignee/ recipient taxpayer stores his goods in the godown of thetransporter, then the transporter’s godown has to be declared as an additional place of business bythe recipient taxpayer. In such cases, mere declaration by the recipient taxpayer to this effect withthe concurrence of the transporter in the said declaration will suffice. Where the transporter’s
godown has been declared as the additional place of business by the recipient taxpayer, thetransportation under the e-way bill shall be deemed to be concluded once the goods have reachedthe transporter’s godown (recipient taxpayer’ additional place of business). Hence, e-way billvalidity in such cases will not be required to be extended.
6. Further, whenever the goods are transported from the transporters’ godown , which has beendeclared as the additional place of business of the recipient taxpayer, to any other premises of therecipient taxpayer then, the relevant provisions of the e-way bill rules shall apply. Hence, whenever
the goods move from the transporter’s godown (i.e, recipient taxpayer’s additional place ofbusiness) to the recipient taxpayer’s any other place of business, a valid e-way bill shall be required,as per the extant State-specific e-way bill rules.
7. Further, the obligation of the transporter to maintain accounts and records as specified insection 35 of the CGST Act read with rule 58 of the CGST Rules shall continue as a warehousekeeper. Furthermore, the recipient taxpayer shall also maintain accounts and records as requiredunder rules 56 and 57 of the CGST Rules. Furthermore, as per rule 56 (7) of the CGST Rules, books
of accounts in relation to goods stored at the transporter’s godown (i.e., the recipient taxpayer’sadditional place of business) by the recipient taxpayer may be maintained by him at his principalplace of business. It may be noted that the facility of declaring additional place of business by therecipient taxpayer is in no way putting any additional compliance requirementon the transporters.
8. It is requested that suitable trade notices may be issued to publicize the contents of thisCircular.
9. Difficulty, if any, in implementation of this Circular may please be brought to the notice ofthe Board. Hindi version would follow.