Difference in E Way Bill and GSTR 3B Tax Liability

Eway Bill 1989 views 1 replies

One of our client had generated e way bill for transportation of goods but due to some issues the trade cancelled. They could not cancel the e way bill as 24 hrs was already lapsed. Now after many months GST Department sent notice to pay the differential tax liability.... E way bill generated in during July 2021. Any solutions to solve this issue....??

Replies (1)

Hey Sathya, here’s a breakdown of your issue:

Issue:

  • E-Way Bill (EWB) was generated for goods transport in July 2021.

  • Goods movement was canceled/trade didn’t happen.

  • EWB cancellation not done within 24 hours, so no cancellation possible.

  • GST department now raising a demand for differential tax liability (likely due to mismatch between EWB data and GSTR-3B returns).


Why is this happening?

  • The GST system matches EWB data with GSTR-1 and GSTR-3B.

  • If EWB shows outward supply but corresponding tax is not declared or paid in returns, the system flags a mismatch.

  • Canceling EWB after 24 hours is not allowed, so the system thinks the supply happened.

  • This leads to demand notices for tax and interest.


Possible Solutions:

  1. Show Proof of No Supply:

    • Try to provide documentary evidence that goods were not moved or supply was canceled.

    • Purchase orders, cancellation communication, or any correspondence with the customer.

  2. File Amendment in Returns:

    • If the supply was never completed, adjust your GSTR-1 and GSTR-3B returns for that tax period, showing no supply or reduced supply.

    • If already filed, you may need to file a revised return or rectification (if allowed).

  3. Representation to GST Authorities:

    • Submit a detailed explanation with evidence to your jurisdictional officer.

    • Request waiver of interest/penalty due to genuine reasons.

  4. Legal Remedy:

    • If demand is raised unjustly, you can file a GST appeal before the appropriate authority.

    • Consult a GST expert or tax lawyer for representation.


Preventive Tips:

  • Always cancel EWB within 24 hours if supply is canceled.

  • Keep documentary evidence of cancellations.

  • Regularly reconcile EWB data with returns.


CCI Pro

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