Wednesday, June 1, 2016

Andhrapradesh Sales Tax: e-way bills and Transporter registrations/ declarations for inter-state movement of goods

                                                                      Office of the Commissioner (C.T.) 
Andhra Pradesh, Hyderabad
CCT’s Ref No. Enft/E3/329/2015                                            Dated:17-05-2016


          Sub:  APVAT Act & CST Act -Goods vehicles movement within the state
                  and inter State  movement- Certain instructions- Reg.

          Ref:     1. GO Ms No 26, Rev CT Dept dt 05-02-2015.
                    2. Circular  in CCT’s Ref no A.I(1)/45/2014 dt 18-03-2015,
                        02-04-2015,22-05-2015, 06-06-2015 and 15-09-2015
                    3. Circular in CCT’s Ref. No.  Enft/E3/422 /2015  dt:06.05.2015
                    4. CCT’s Ref No Enft /E3/329/2015 dated 04-06-2015
                    5. CCT’s Ref No  Enft/E3/421/2015 dt 14-03-2016
                 The circular instructions were issued in the references 2nd to 4th  cited on the system of e-way bills and Transporter registrations/ declarations for inter-state movement of goods. The intention of the instructions is to arrest the tax evasion  by preventing clandestine movement of goods vehicles and misuse of  waybills or rotating one waybill for multiple trips. At the same time, the genuine dealers should not suffer for unintentional mistakes in documents.

                     In the recent meetings with traders and tax practitioners’ associations, they have raised the following issues.

1.    Detention of vehicles without issuing proper notice for longer periods.
2.     Non approachability of the detained officer to the dealer/ transporter to know the cause and   solutions for detention.
3.    Detention of goods on the ground that the commodity is not included under VAT/ CST registration.
4. Detention of vehicles on the ground that the vehicle number changed on transhipment due to vehicle breakdown or due to logistical needs- supported by documentary and other evidence.
5.     Punishing heavily in the cases where the vehicle number is mistakenly typed with error.
6.    Non judicious application of penalties for technical and trivial offences where all other evidence confirms the genuineness of the transaction
7.    Detention of goods of a dealer covered by Bill and waybill (lorry number missing) in cases of non filing of 650 by the parcel Lorries.

                    The issues raised by the dealers  are examined. All the officers are hereby requested to follow the APVAT Act and Rules,2005  and the circular instructions issued from this office from  time to time without giving scope to the dealers to complain that they are being harassed.

                   Further, the following instructions are issued.

1.    The detention of goods vehicle for longer periods without issuing detention notice will not be tolerated.

2.    The officers who detain goods vehicles are required to be accessible to the dealers or in-charge of the goods vehicle till the issue is settled.

3.    In case of CST registration , it is compulsory to have the commodity registered before doing transactions in the commodity. In case of VAT it is it is compulsory to register only sensitive commodity. However for the convenience of the dealers if the dealer applies online and is pending for registeration with the department for more than 3 days system  allows for generation of way bill. Therefore such vehicles possessing way bills shall not be detained for not registering the commodity. For manual way bills , report on whether the application in the commodity is pending for more than 3 days can be checked online in VATIS. However if the commodity is nearly  matching with the registered/ applied such cases shall be ignored.

4.    In cases of transhipment of goods vehicle, the goods vehicles should not be detained if these are covered by all other documents. Where there is suspicion, proper enquiry to be conducted immediately before taking any action.

5. There may be certain mistakes inadvertently committed by the dealers like  typographical errors in mentioning  digits of vehicle numbers in eWaybill. Such mistakes may be treated as technical offences and action may be taken accordingly.

  1. If the details in the waybills do not correctly match with the goods in the vehicle, action can be taken as per the prescribed procedures. But, everything should be supported by the provisions of the APVAT Act and Rules.
  2. During the course of interstate movement, if any parcel lorry is found to be not covered by Transporter declaration, action to be taken against the transporter and penalty may be levied as instructed earlier.In such cases,the check post staff has to mandatorily conduct thorough physical verification of the parcel lorry not covered by Transporter declaration. They should enter minimum data to generate  a document similar to Transporter declaration with vehicle number on all the eWaybills  covered by the goods vehicle under transport and issue it to the transporter. There is no need to fix responsibility on the dealer for no vehicle number. However, if any other irregularities are noticed after physical verification necessary action to be taken against the dealer.
        The Deputy Commissioner(CT)s of the divisions shall ensure that the above instructions are followed scrupulously.

                                                                Sd/- J.Syamala Rao,
                                         COMMISSIONER OF COMMERCIAL TAXES,
                                            ANDHRA PRADESH, HYDERABAD.

All the Deputy Commissioners in the State.
All the persons-in-charge / Administrative Officers of the Check Posts.
Copy to the Senior Officers  O/o Commissioner(CT)
The  P.S. to  Commissioner(CT) ,AP.




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