In terms of Rule 138E (a) and (b) of the CGST Rules, 2017, the E-Way Bill (EWB) generation facility of a taxpayer is to be blocked, in case the taxpayer fails to file their returns in Form GSTR-3B or Statement in Form CMP-08, for two or more consecutive tax periods. For unblocking of this facility, taxpayers need to apply to jurisdictional Tax Official in Form GST EWB 05.
A facility has now been provided to the taxpayers on the GST Portal from 28th November 2020 onwards, to file an application online for unblocking of their EWB generation facility (in Form EWB-05), in case their EWB generation facility has been blocked on the EWB portal.
Note: So far taxpayers were applying to tax officials vide manual application for unblocking of their EWB generation facility and tax officials were issuing orders online on GST Portal, in Form GST EWB 06. Now, this facility is being discontinued.
To file an online application for unblocking EWB generation facility on GST Portal, a taxpayer need to:
Login to the portal and navigate to Services> User services> My Applications
Select application type as “Application for unblocking of E-way bill” and click New Application
Submit application in Form EWB-05, with the upload of up to 04 documents
The application so filed is populated to the dashboard of the jurisdictional tax official. The tax official can issue a Notice for a personal hearing to the taxpayer. Then the taxpayer can file their reply to the notice online, along with supporting documents.
At the conclusion of the proceedings, the Tax Officer can issue an order (in Form EWB-06) approving the taxpayer application for unblocking the EWB generation facility. After which their EWB generation facility will be restored for the duration specified in the order.
If the Tax Officer rejects the taxpayer’s application vide order in Form EWB-06, the EWB generation facility will remain blocked and the taxpayer shall be required to file their pending returns (in Form GSTR-3B / Statement in FORM CMP-08, so as to reduce the pendency to less than two tax periods), for the restoration of the EWB generation facility.
Notice(s)/ Order issued by Tax Officer will be sent via SMS and mail to the taxpayer and will be made available on the taxpayer dashboard (Services > User Services > View Additional Notices/Orders option).