Are UPI payments going to become chargeable? This question has raised concerns among customers and merchants across India. Many people want to know whether they will have to pay additional charges when making or receiving payments through the Unified Payments Interface (UPI).

The key distinction is between charges imposed on customers and the Merchant Discount Rate (MDR) that may apply to eligible merchant transactions. MDR is a merchant-side payment-processing fee and does not automatically mean that customers must pay an additional charge for using UPI.

The reported changes to the UPI MDR framework require merchants to review their payment-processing arrangements, accounting practices and settlement statements. However, the proposed rates and implementation date should be verified against the latest official notifications before being treated as effective.

What Is Chargeable Under the UPI MDR Framework?

The Merchant Discount Rate (MDR) is a fee charged to a merchant for accepting and processing certain payment transactions. It is distinct from a customer transaction fee.

Under the reported UPI MDR framework, the key provisions include:

• Person-to-person (P2P) payments: Transfers between individuals remain outside the scope of merchant MDR.
• Merchant payments up to ₹2,000: These are reported to remain exempt from MDR under the proposed framework.
• Specified merchant payments above ₹2,000: An MDR of 0.4% has been reported for eligible transaction categories, subject to the applicable conditions.
• High-value transactions: A cap of ₹300 per transaction has been reported for transactions of ₹75,000 or more.
• Specified merchant categories: Categories such as railways, telecommunications, insurance and fuel have been reported to attract a flat MDR of ₹5 for qualifying transactions above ₹2,000.
• Eligible small merchants: Qualifying merchants may continue to benefit from zero-MDR provisions, subject to the applicable rules.

These rates, thresholds and exemptions should be confirmed against the relevant official notification or circular before publication.

Importantly, the ₹2,000 threshold is not a general limit on UPI payments. Customers may make payments exceeding this amount, subject to the applicable bank, UPI app and transaction limits. The threshold relates to the reported MDR framework for specified merchant transactions.

Who Pays the MDR Charge?

MDR is a merchant-side charge. Depending on the applicable rules and the agreement with the acquiring bank or payment aggregator, the fee may be deducted from the settlement amount or billed separately to the merchant.

Customers should not automatically be charged an additional fee simply because they choose UPI as their payment method. Merchants should verify the applicable legal and contractual restrictions before attempting to recover payment-processing charges from customers.

Example: MDR on a Merchant Transaction

Suppose a customer purchases goods worth ₹50,000 from a merchant in a category subject to a 0.4% MDR.

The calculation would be:

• Value of goods: ₹50,000
• Assumed MDR rate: 0.4%
• MDR amount: ₹200
• Net settlement before any other applicable adjustments: ₹49,800

The customer pays ₹50,000 for the goods. The merchant receives the settlement amount after the applicable processing fee is deducted, assuming the fee is calculated on the full transaction value and no other deductions apply.

Merchants should review their agreements with acquiring banks or payment aggregators to understand the applicable merchant category, fee calculation, settlement cycle and invoicing arrangements.

GST and Accounting Implications

The use of UPI as a payment method does not, by itself, attract GST on the transfer of money. GST is determined by the nature and taxability of the underlying supply of goods or services.

The following points are important for businesses.

1. GST on the underlying sale

Where a registered merchant makes a taxable supply, GST must be charged and reported in accordance with the applicable provisions. The customer’s choice to pay through UPI does not, by itself, change the GST treatment of the sale.

For example, if a merchant makes a taxable supply worth ₹10,000, the applicable GST treatment will depend on the nature of the supply and the relevant tax rules—not on the use of UPI.

2. GST on payment-processing fees

A payment aggregator or another service provider may charge separate fees for payment processing or related services. GST may apply to these fees, subject to the applicable provisions and exemptions.

A GST-registered merchant may claim input tax credit (ITC) on eligible GST charged on such services, provided the statutory conditions are satisfied and the required documentation is available.

3. Accounting treatment of MDR

Businesses should generally record sales at the gross invoice value and account for payment-processing charges separately.

For example, if a merchant records a sale of ₹10,000 and the payment provider deducts an MDR of ₹40, the accounting treatment would generally be:

• Sales revenue: ₹10,000
• Payment-processing expense: ₹40
• Net bank settlement: ₹9,960

The example assumes that ₹40 is the processing fee before any applicable GST on that fee. GST charged on the processing service should be recorded separately, with ITC claimed only where eligible.

What Should Businesses Do?

Businesses accepting UPI payments should take the following steps to maintain accurate financial records and ensure compliance:

• Verify the applicable MDR: Confirm the merchant category, applicable fee and exemptions with the acquiring bank or payment aggregator.
• Review settlement statements: Check MDR deductions, refunds, chargebacks, failed transactions and other adjustments.
• Reconcile transaction records: Match UPI transaction references with sales invoices, payment-provider settlement reports and bank credits.
• Reconcile GST returns: Ensure that sales and taxable turnover recorded in the books are consistent with the relevant GST returns, including GSTR-1 and GSTR-3B, where applicable.
• Maintain supporting documentation: Preserve invoices, settlement reports, fee statements and other relevant records.

Businesses should record sales at the appropriate gross invoice value and account for MDR and any related GST separately.

They should also avoid treating every UPI-related bank credit as a sale. Loans, capital contributions, transfers between own accounts, reimbursements and other non-sales receipts must be classified according to their actual nature.

Merchants should not impose an MDR surcharge on customers without verifying that such a charge is legally permitted under the applicable rules and contractual arrangements.

Conclusion

The introduction of an MDR framework for specified merchant transactions does not mean that all UPI payments automatically become chargeable to customers. The distinction between customer transaction fees and merchant-side processing charges is essential.

The reported framework includes an MDR rate of 0.4% for specified transactions above ₹2,000, along with a reported ₹300 cap for certain high-value transactions. However, businesses should confirm the final rates, exemptions and effective date through official notifications before relying on these provisions.

Merchants should review their payment-processing agreements, reconcile settlement statements and maintain accurate accounting records to minimise compliance risks.

How TaxAcumen Can Help

TaxAcumen provides practical insights into taxation, GST, company law and business compliance. Follow TaxAcumen for regulatory updates, tax explainers and compliance guidance to help your business stay informed and make timely, well-informed decisions. For assistance with specific tax or compliance matters, consult a qualified professional.

Disclaimer: The information provided in this article is for general informational and educational purposes only and does not constitute tax, legal, financial, investment, accounting, or other professional advice. Laws, regulations, tax provisions, and financial information are subject to change and may vary based on individual circumstances. While every effort has been made to provide accurate and up-to-date information, readers should verify the applicable provisions and consult a qualified professional before making any decision or taking any action based on this content. TaxAcumen is not responsible for any loss or consequence arising from reliance on the information provided.

Many businesses in India accept payments through the Unified Payments Interface (UPI) and may incur fees charged by banks, payment aggregators or other payment service providers. With changes to the Merchant Discount Rate (MDR) framework potentially affecting certain merchant transactions, businesses may have questions about whether these charges are deductible as business expenses.

In general, expenses incurred wholly and exclusively for business or professional purposes may qualify for a deduction under the applicable income-tax provisions, subject to the prescribed conditions. UPI-related charges, including eligible payment-processing fees, may therefore be claimed as business expenses when they are incurred for business purposes, properly documented and not otherwise disallowed under the applicable tax laws.

1. When Are UPI Charges Deductible as a Business Expense?

UPI-related charges may qualify as deductible business expenses when the following conditions are satisfied:

• Business purpose: The charges must relate to accepting payments for goods or services supplied in the course of business or profession.
• Actual expense or liability: The expense must be incurred or become payable in the relevant accounting period, in accordance with the applicable accounting method and tax provisions.
• Proper documentation: Businesses should retain merchant agreements, settlement reports, bank statements, fee invoices and other relevant records to substantiate the expense.
• Revenue rather than capital expenditure: Routine payment-processing charges are generally revenue expenses. However, expenditure relating to the acquisition of a capital asset must be examined separately under the applicable tax rules.

Example: Accounting for UPI Charges

Suppose a merchant makes a sale of ₹10,000 and the payment aggregator deducts a processing fee of ₹40 before transferring the balance to the merchant’s bank account.

The accounting treatment would generally be as follows:

• Sales revenue: ₹10,000
• Payment-processing expense: ₹40
• Net bank settlement: ₹9,960

The merchant should record the gross sale value as revenue and account for the processing fee separately. Any GST charged on the processing fee should also be recorded separately, with input tax credit claimed only where eligible.

The example assumes that ₹10,000 is the total sale value and that ₹40 is the processing fee before any applicable GST on that fee.

2. GST Applicability on UPI Charges

The use of UPI as a payment method does not, by itself, create an additional GST liability. GST is determined by the nature and taxability of the underlying supply of goods or services.

Businesses should consider the following points:

• GST on sales: Where a business makes a taxable supply, GST must be charged and reported in accordance with the applicable provisions. The customer’s choice to pay through UPI does not, by itself, change the GST treatment.
• GST on processing fees: Banks, payment aggregators or other service providers may charge GST on payment-processing or related services, subject to the applicable provisions and exemptions.
• Input Tax Credit (ITC): A GST-registered business may claim eligible ITC on GST charged on these services if the statutory conditions are satisfied, including the relevant documentation and business-use requirements.
• No additional GST merely for using UPI: Businesses should not add a separate GST charge solely because a customer chooses UPI. GST, where applicable, relates to the underlying supply and other taxable services provided.

Businesses should review their service-provider invoices and the applicable GST provisions to determine the correct treatment of processing fees and related ITC.

3. Accounting and Record-Keeping Requirements

Accurate accounting and regular reconciliation of UPI transactions help businesses maintain reliable financial records and meet their tax-compliance obligations.

Businesses should follow these practices:

• Match sales invoices with UPI transactions: Ensure that collections can be traced to the relevant invoices or sales records.
• Reconcile settlement reports with bank statements: Account for settlement delays, deductions and other differences between transaction values and bank credits.
• Record processing fees separately: Identify MDR and other payment-processing charges instead of adjusting them against sales without proper accounting.
• Track refunds and failed transactions: Record refunds, reversals, chargebacks and failed payments accurately.
• Reconcile GST returns: Compare sales and taxable turnover recorded in the books with the relevant figures reported in GSTR-1 and GSTR-3B, as applicable.
• Maintain supporting documents: Preserve transaction references, settlement statements, invoices and other records needed for audit and verification.

Not every credit received in a business bank account or UPI account represents a sale. Loans, capital contributions, transfers between the business’s own accounts, reimbursements and customer advances should be identified and classified according to their nature. Their accounting and tax treatment may differ from that of ordinary sales receipts.

4. Common Errors Businesses Should Avoid

Businesses should be careful to avoid the following mistakes when accounting for UPI collections and related charges:

• Recording only the net bank settlement as sales instead of recording the gross sale value and the processing fee separately.
• Automatically classifying payment-processing charges as part of the cost of goods sold without considering the appropriate accounting treatment.
• Claiming ITC on GST charged on processing fees without satisfying the applicable statutory conditions.
• Treating loans, capital contributions or internal transfers as business turnover.
• Failing to reconcile UPI transaction records, payment-provider settlements, bank statements and GST returns.
• Adding a separate surcharge to customer bills solely to recover MDR or other payment-processing charges without checking the applicable legal and contractual restrictions.

A consistent reconciliation process can help businesses identify errors early and maintain accurate financial and tax records.

5. Conclusion

UPI-related payment-processing charges incurred for business purposes may generally qualify as deductible business expenses, subject to the applicable income-tax provisions and proper documentation. Businesses should record sales at the appropriate gross invoice value, account for eligible processing fees separately and claim input tax credit on GST charged on those fees only where permitted.

Maintaining an adequate audit trail and reconciling UPI transactions with invoices, bank statements, settlement reports and GST returns can help businesses improve the accuracy of their financial reporting and reduce compliance risks.

Businesses should also verify the latest official notifications and circulars before relying on changes to the MDR framework, including any new rates, transaction thresholds or effective dates.

How TaxAcumen Can Help

TaxAcumen provides practical insights into taxation, GST, company law and business compliance. Follow TaxAcumen for regulatory updates, tax explainers and compliance guidance to help your business stay informed and make well-informed decisions. For assistance with specific tax or compliance matters, consult a qualified professional.

Disclaimer: The information provided in this article is for general informational and educational purposes only and does not constitute tax, legal, financial, investment, accounting, or other professional advice. Laws, regulations, tax provisions, and financial information are subject to change and may vary based on individual circumstances. While every effort has been made to provide accurate and up-to-date information, readers should verify the applicable provisions and consult a qualified professional before making any decision or taking any action based on this content. TaxAcumen is not responsible for any loss or consequence arising from reliance on the information provided.

The Unified Payments Interface (UPI) has transformed digital payments in India by enabling businesses to receive payments quickly and conveniently. From small retailers to large enterprises, businesses increasingly rely on UPI to manage their day-to-day transactions.

However, questions remain about UPI charges, the applicability of Goods and Services Tax (GST), accounting treatment and income-tax compliance. Understanding these aspects can help businesses maintain accurate financial records and meet their statutory obligations.

1. Understanding Merchant Discount Rates (MDR)

The Merchant Discount Rate (MDR) is a fee that merchants may pay for accepting and processing certain digital payments. The applicable charges depend on the payment instrument, merchant category, transaction type and the terms agreed with the acquiring bank or payment service provider.

The following points are important for businesses:

• Person-to-person (P2P) payments: These are generally not subject to merchant discount charges.
• Bank-account-based UPI payments: These generally operate under the zero-MDR framework.
• Merchant payments: The applicable charges may vary depending on the payment instrument and the relevant regulatory framework.
• RuPay credit card payments through UPI: These may be governed by different merchant-acquiring and credit-network arrangements.
• Eligible small merchants: Specific exemptions or zero-MDR provisions may apply, subject to the applicable conditions.

Businesses should verify the applicable charges with their acquiring banks or payment service providers. Any new MDR rates, transaction thresholds or fee caps should be confirmed through an official notification or circular before being treated as effective.

2. GST Applicability on UPI Transactions

GST is generally levied on taxable supplies of goods and services, rather than on the payment method used to settle a transaction. Therefore, receiving payment through UPI does not, by itself, create an additional GST liability on the transfer of money.

Businesses should consider the following points:

• GST on sales: GST is applicable to the underlying supply of goods or services, subject to the relevant provisions. The payment method does not, by itself, change the taxability of the supply.
• Payment-processing fees: Fees charged by banks, payment aggregators or other service providers may attract GST, depending on the nature of the service and any applicable exemption.
• Input Tax Credit (ITC): A registered business may claim eligible ITC on GST charged on payment-processing services, provided the statutory conditions are satisfied.
• No additional GST merely for using UPI: Businesses should not charge GST solely because a customer chooses UPI as the payment method. GST should be determined by the underlying supply and the applicable tax provisions.

Businesses should review their service-provider invoices and the relevant GST provisions to determine the correct tax treatment of payment-processing charges.

3. Accounting Treatment of UPI Receipts

Proper accounting and reconciliation of UPI transactions are essential for accurate financial reporting, GST compliance and statutory audits.

Businesses should follow these practices:

• Record sales accurately: Record sales against the relevant invoices or sales records, rather than treating every bank credit as a new sale.
• Reconcile settlement statements: Match UPI transaction records and payment-provider settlement reports with the corresponding bank credits, allowing for settlement delays.
• Maintain transaction references: Preserve UPI transaction IDs, settlement references, invoices, refund records and relevant supporting documents.
• Account for processing charges separately: Record applicable MDR and other processing fees separately from sales revenue.
• Reconcile GST returns: Compare sales recorded in the books with the relevant GST returns and investigate discrepancies.

For example, if a business makes a sale of ₹10,000 and the payment provider deducts a processing fee of ₹40 before settlement, the business would generally record ₹10,000 as sales revenue and ₹40 as a payment-processing expense. Any GST charged on the fee should be recorded separately, with ITC claimed only where eligible.

Maintaining a clear audit trail helps businesses identify discrepancies, verify settlements and support the figures reported in their financial statements and tax returns.

4. Income-Tax Implications of UPI Receipts

UPI is a payment method and does not independently determine the income-tax treatment of a receipt. Businesses must classify receipts according to their actual nature and comply with the applicable provisions of the Income-tax Act, 2025.

4.1 Business Turnover and Gross Receipts

Payments received through UPI against business sales or professional services should be recorded as business turnover or gross receipts, as applicable. However, not every credit appearing in a bank account constitutes turnover. Loans, capital contributions, transfers between own accounts and genuine refunds should be identified and classified separately.

4.2 Presumptive Taxation

Section 58 of the Income-tax Act, 2025 contains presumptive-taxation provisions for eligible taxpayers. The applicable scheme, eligibility conditions and prescribed method of calculating presumptive income must be examined before claiming any benefit.

Receiving payments through UPI does not automatically make a taxpayer eligible for a lower presumptive-tax rate. The applicable rules concerning the type of business or profession, receipt mode and other statutory conditions must be satisfied.

4.3 Tax Audit Requirements

Section 63 of the Income-tax Act, 2025 deals with tax audit requirements. Whether an audit is necessary depends on the applicable turnover or gross-receipts thresholds, prescribed cash transaction limits, presumptive-taxation conditions and other relevant provisions.

Businesses should assess their individual circumstances rather than assuming that accepting digital payments automatically exempts them from a tax audit.

4.4 Tax Deduction at Source (TDS)

Businesses must also review their TDS obligations when making payments to professionals, contractors and other service providers. The applicability of TDS depends on the nature of the payment, the payer’s status and the relevant statutory thresholds and conditions.

The payment method, including UPI, does not by itself determine whether TDS is required.

5. Conclusion

UPI has simplified payment collection for businesses across India. However, businesses must understand the applicable merchant charges, GST treatment, accounting requirements and income-tax implications to ensure accurate reporting and regulatory compliance.

While the use of UPI does not, by itself, create an additional GST liability on the transfer of money, the underlying supply and any separately charged payment-processing services must be assessed under the applicable tax provisions.

Businesses should regularly reconcile UPI transactions with invoices, bank statements, settlement reports and GST returns. They should also verify the latest official notifications and circulars before relying on changes to MDR rates or other compliance requirements.

How TaxAcumen Can Help

TaxAcumen provides practical insights into taxation, GST, company law and business compliance. Follow TaxAcumen for regulatory updates, compliance guidance and informative articles to help your business stay updated on important legal and tax developments.

Disclaimer: The information provided in this article is for general informational and educational purposes only and does not constitute tax, legal, financial, investment, accounting, or other professional advice. Laws, regulations, tax provisions, and financial information are subject to change and may vary based on individual circumstances. While every effort has been made to provide accurate and up-to-date information, readers should verify the applicable provisions and consult a qualified professional before making any decision or taking any action based on this content. TaxAcumen is not responsible for any loss or consequence arising from reliance on the information provided.

Customers can make UPI transactions from a linked bank account or, where available, a RuPay credit card. For merchants and finance teams, the real-world question is whether the payment source affects charges, GST treatment or income-tax reporting. The underlying sale is taxed the same way in both cases, but the charges on the payment source and the settlement treatment could differ.

This distinction is important, as a credit card UPI transaction represents a credit, whereas a bank account UPI payment is funded directly from the customer’s account. Merchants should therefore assess their payment agreements and settlement statements rather than assuming that both routes have the same cost.

How the Two Routes Work

A UPI payment from a bank account debits the customer’s savings or current account and credits the merchant with the UPI system. A UPI payment from a RuPay credit card spends the customer’s credit limit on the card. The customer repays the card issuer later, subject to his card agreement.

NPCI’s RuPay Credit Card on UPI product lets a customer link his RuPay credit card to pay a merchant by scanning a UPI QR code and authenticating with a UPI PIN. NPCI also says that credit-card UPI payments are for merchant payments and are not permitted for categories like person-to-person transfer, cash withdrawal, mutual funds, IPO and certain others.

For a merchant, the customer’s payment source doesn’t affect the invoice value or the GST treatment of the sale. The merchant should recognise the full sale value and charge GST where applicable on the underlying supply.

Charges and MDR

A bank-account UPI payment and a credit-card UPI payment can have different merchant-side cost arrangements. MDR is a fee charged to a merchant for accepting a payment, which depends on the payment instrument, merchant category, and acquiring arrangement.

Under the UPI MDR framework effective from 15 October 2026, specific person-to-merchant UPI transactions above ₹2,000 may incur a MDR at 0.4%. Additionally, the MDR for person-to-merchant UPI transactions of ₹75,000 or more will be capped at ₹300 per transaction. Certain notified categories may have a flat ₹5 MDR above ₹2,000. Eligible small merchants under the applicable P2PM framework may continue to enjoy zero MDR. Credit-linked UPI products, such as RuPay credit cards, will be governed by credit-network terms.

A uniform rate for MDR for all credit card UPI payments cannot be specified since the applicable rate depends on the category and acquiring arrangement. Merchants must verify the exact charge with their acquiring banks or aggregators and must not presume a credit card UPI payment carries the same MDR as a bank account UPI payment.

GST and Accounting Treatment

A GST does not apply because the customer has paid by UPI. GST applies to a taxable supply of goods or services. If a registered business sells goods worth ₹10,000 and GST and receives the money in UPI, the GST will apply to the taxable supply regardless of whether the customer has paid by a bank account or a credit card.

If the payment aggregator charges MDR or other fees, GST may apply to these. A registered merchant can claim a credit for GST charged on such a fee, provided the statutory conditions are met, such as a valid tax invoice and receipt of service, business use, etc.

For accounting, the revenue should be recorded on the gross invoice value. If a customer pays ₹10,000, but the payment provider deducts ₹40 for MDR, then ₹10,000 should be accounted for as sales and ₹40 should be accounted for as a payment-processing charge. The GST charged on the MDR invoice should be accounted for separately and subject to eligibility for input tax credit.

Income Tax and Compliance Points

In terms of income tax, the receipts from the sale of goods and services through UPI would form part of business receipts, whether collected through a bank account or credit card.

However, it may not represent turnover in all cases. Payments received through UPI should be examined to identify loans, capital contributions, advances, transfers, repayments, and refunds, and these should be segregated.

The merchants should also reconcile the UPI reference numbers with sales, bank credits, payment-aggregator settlements and GST returns to identify sales that may not have been recorded and refund credits, duplicate credits and MDR charges.

Conclusion

A sale through UPI using a credit card or a bank account will have no bearing on the GST or income tax liability. The difference will be in the customer’s payment method and the merchant’s processing charges. The merchants must check their MDR terms and ensure that the settlement process is transparent and that the fees are accounted separately.

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TaxAcumen provides clear, practical insights on taxation, GST, company law and business compliance. Stay informed with our latest updates to make timely and well-informed decisions. Get in touch with us for a professional consultation.

Disclaimer: The information provided in this article is for general informational and educational purposes only and does not constitute tax, legal, financial, investment, accounting, or other professional advice. Laws, regulations, tax provisions, and financial information are subject to change and may vary based on individual circumstances. While every effort has been made to provide accurate and up-to-date information, readers should verify the applicable provisions and consult a qualified professional before making any decision or taking any action based on this content. TaxAcumen is not responsible for any loss or consequence arising from reliance on the information provided.

India’s Goods and Services Tax (GST) system, which went into effect on July 1, 2017, simplifies compliance and enforcement by combining several indirect taxes under one framework. Sections 129 and 130 of the Central Goods and Services Tax (CGST) Act, 2017, which deal with detention, seizure, and confiscation during the transfer of goods, are among its essential provisions. These two provisions have different objectives, even though they deal with violations of goods transportation. Commencing on January 1, 2022, and strengthened by changes in 2024 and 2025, these sections work independently to ensure compliance and penalise noncompliance.

Understanding Section 129: Detention, Seizure, and Release of Goods in Transit

Goods carried or held in violation of GST regulations, such as when an accurate e-invoice or e-way bill is missing, are governed by Section 129. Until the fine is paid, it permits officials to temporarily hold or seize the goods and the vehicle.

The current system of penalties is:

• 200% of the tax due on taxable goods if the owner comes forward.
• In the event that the owner remains silent: 200% of the tax due or 50% of the good’s value (less any taxes paid).
• For exempt goods: 2% of the value or ₹25,000, whichever is lower, if the owner shows up; 5% of the value or ₹25,000, whichever is lower, if the owner does not.

A detention notice (FORM GST MOV-06) and a show cause notice (MOV-07) for the penalty must be issued by the appropriate official within seven days. The officer has an additional seven days to issue an order (MOV-09) after granting representation. After the order, payment must be made within 15 days. These fines are documented in the Unified AIS (Form 168) under the Income Tax Act of 2025 and are not deductible from business expenses. By paying a maximum penalty of ₹100,000 or the good’s penalty, whichever is smaller, a carrier can obtain the vehicle’s release.

Understanding Section 130: Confiscation of Goods and Conveyance

Cases involving intentional tax evasion are covered by Section 130. This includes providing goods without registering, intentionally utilising a vehicle to transport goods in contravention of the law with the intention of evading taxes, and intentional tax noncompliance. The goods and carriage are subject to confiscation in certain situations. Instead of confiscating something, the officer may issue a fine. This fine must be at least equivalent to the penalty specified in Section 129 and cannot be greater than the market value of the items (after deducting tax). Furthermore, a Section 122 penalty is frequently imposed. To ensure procedural justice prior to the commodities becoming government property, confiscation necessitates a separate show cause notice (MOV-10) and a chance to be heard.

Key Differences Between Sections 129 and 130

Aspect	Section 129 (Detention & Seizure)	Section 130 (Confiscation)
Nature	Procedural: Ensures compliance during transit	Penal: Punishes intentional tax evasion
Causes	Document violations like missing E-Way Bill	Clear intent or motive to evade tax
Objective	Detain goods until the penalty is paid	Confiscate goods as they are “tainted”
Outcome	Release after penalty or security	Transfer of ownership to the Government
Appeal Deposit	25% of the penalty amount	Generally 10% of the disputed tax
IT Act 2025	Non-deductible penalty in Form 168	Non-deductible fine in Form 168

Conclusion

The CGST Act’s Sections 129 and 130 deal with multiple levels of GST violations. Section 129 addresses document-related concerns during transportation and is focused on procedural compliance. Section 130 permits the complete confiscation of goods in order to deal with outright tax evasion. These provisions have been further divided under the current 2025–2026 tax framework so that failure to pay a Section 129 penalty does not immediately result in Section 130 confiscation. The only approach for businesses to avoid the significant financial impact of these provisions is to maintain a clean digital record in the Invoice Management System (IMS).

It can be challenging for operational staff to ensure a smooth transfer of goods for your business while maintaining complete regulatory compliance. The uncertainty around transportation laws and the requirement to wait for documentation are two major causes of inefficiency for finance executives. The Electronic Way Bill (E-Way Bill) system, which was incorporated into India’s Goods and Services Tax (GST) system, is the main digital tool designed to expedite this process. By guaranteeing that every significant goods transfer is documented and tracked, it reduces the chance of tax evasion and makes the entire transportation process transparent.

What is an E-Way Bill?

Before starting the movement of goods, a registered individual must create an electronic document called an E-Way Bill on the official portal. When a single invoice, bill, or delivery challan covers a cargo for more than ₹50,000, this bill is required. A distinct E-Way Bill Number (EBN) is assigned and made available to the transporter, the supplier, and the recipient after it has been generated.

The bill is constructed from two primary components:

Part A: This captures details of the goods and the transaction, including the recipient’s GSTIN, place of delivery PIN code, invoice details, value of goods, and the reason for transportation. This section also requires accurate HSN codes: 4 digits for turnover up to ₹5 crores and 6 digits for turnover exceeding ₹5 crores.

Part B: This focuses solely on transportation logistics, requiring the vehicle number and transporter details.

Applicability and Mandatory Requirements

E-Way Bills must be generated whenever goods are moved in a conveyance of value more than ₹50,000, whether the movement is:

• In relation to a formal supply such as a sale or transfer.
• For reasons other than a supply, such as a goods return.
• Due to an inward supply from an unregistered person.

Importantly, for certain specific goods, the E-Way Bill must be generated regardless of the consignment value:

• Inter-state movement of goods by the principal to a job worker.
• Inter-state transport of handicraft goods by an exempted dealer.
• Intra-state movement of gold and precious stones if the state has notified a threshold (typically ₹2 lakhs) under Rule 138F.

Who is Responsible for Generation?

The responsibility for generating the E-Way Bill typically falls on the registered consignor or consignee.

Registered Person: They must generate the bill for movements over ₹50,000 and can also choose to generate it for lower-value movements. If the person is required to issue e-invoices, the E-Way Bill should ideally be generated via the Invoice Reference Number (IRN) on the E-Invoice portal.

Unregistered Persons: If an unregistered person makes a supply to a registered person, the receiver is responsible for ensuring all compliance is met, acting as if they were the supplier.

Transporter: The transporter must generate the bill if the supplier or recipient has not done so. For multiple consignments in a single vehicle, a transporter can generate a consolidated E-Way Bill using Form GST EWB-02.

E-Way Bill Validity and Time Limits

The validity of an E-Way Bill is calculated from the date and time of its generation, based on the distance the goods must travel:

Type of Cargo	Distance (or part thereof)	Validity Period
Other than Over Dimensional Cargo (ODC)	Every 200 Kms	1 Day
Over Dimensional Cargo (ODC)	Every 20 Kms	1 Day

The validity can be extended by the generator eight hours prior to or within eight hours following expiration. The entire extension is only available in extraordinary circumstances and is limited to 360 days from the initial generation date. Furthermore, only documents dated within the last 180 days are eligible for creating E-Way Bills.

Situations in Which an E-Way Bill Is Not Necessary

1. In several situations, the e-way bill is exempt, including:
2. movement of a non-motor vehicle.
3. goods that are carried under seal or customs supervision.
4. Transport goods to or from Bhutan or Nepal.
5. Movements caused by defence formations.
6. Transportation within 20 km between a company location and a weighbridge, as long as a delivery challan is present.
7. Certain commodities are free from state regulations; for example, in states like Tamil Nadu and Delhi, certain intrastate movements are subject to higher limitations of ₹1 lakh.

Conclusion

A significant step toward digital and transparent logistics management under GST is the E-Way Bill system. Making sure logistics data corresponds with the digital footprint in the Unified Annual Information Statement (Form 168) is important in the current Income Tax Act 2025 framework. Any firm must correctly calculate validity periods and comply with required Multi-Factor Authentication (MFA). Following these guidelines not only guarantees smooth logistical operations but also protects your business from severe fines under Section 129 of the CGST Act.

It can be challenging for operational staff to ensure a smooth transfer of goods for your business while maintaining complete regulatory compliance. The uncertainty around transportation laws and the requirement to wait for documentation are two major causes of inefficiency for finance executives. The Electronic Way Bill (E-Way Bill) system, which was incorporated into India’s Goods and Services Tax (GST) system, is the main digital tool designed to expedite this process. By guaranteeing that every significant goods transfer is documented and tracked, it reduces the chance of tax evasion and makes the entire transportation process transparent.

What is an E-Way Bill?

Before starting the movement of goods, a registered individual must create an electronic document called an E-Way Bill on the official portal. When a single invoice, bill, or delivery challan covers a cargo for more than ₹50,000, this bill is required. A distinct E-Way Bill Number (EBN) is assigned and made available to the transporter, the supplier, and the recipient after it has been generated.

The bill is constructed from two primary components:

Part A: This captures details of the goods and the transaction, including the recipient’s GSTIN, place of delivery PIN code, invoice details, value of goods, and the reason for transportation. This section also requires accurate HSN codes: 4 digits for turnover up to ₹5 crores and 6 digits for turnover exceeding ₹5 crores.

Part B: This focuses solely on transportation logistics, requiring the vehicle number and transporter details.

Applicability and Mandatory Requirements

E-Way Bills must be generated whenever goods are moved in a conveyance of value more than ₹50,000, whether the movement is:

• In relation to a formal supply such as a sale or transfer.
• For reasons other than a supply, such as a goods return.
• Due to an inward supply from an unregistered person.

Importantly, for certain specific goods, the E-Way Bill must be generated regardless of the consignment value:

• Inter-state movement of goods by the principal to a job worker.
• Inter-state transport of handicraft goods by an exempted dealer.
• Intra-state movement of gold and precious stones if the state has notified a threshold (typically ₹2 lakhs) under Rule 138F.

Who is Responsible for Generation?

The responsibility for generating the E-Way Bill typically falls on the registered consignor or consignee.

Registered Person: They must generate the bill for movements over ₹50,000 and can also choose to generate it for lower-value movements. If the person is required to issue e-invoices, the E-Way Bill should ideally be generated via the Invoice Reference Number (IRN) on the E-Invoice portal.

Unregistered Persons: If an unregistered person makes a supply to a registered person, the receiver is responsible for ensuring all compliance is met, acting as if they were the supplier.

Transporter: The transporter must generate the bill if the supplier or recipient has not done so. For multiple consignments in a single vehicle, a transporter can generate a consolidated E-Way Bill using Form GST EWB-02.

E-Way Bill Validity and Time Limits

The validity of an E-Way Bill is calculated from the date and time of its generation, based on the distance the goods must travel:

Type of Cargo	Distance (or part thereof)	Validity Period
Other than Over Dimensional Cargo (ODC)	Every 200 Kms	1 Day
Over Dimensional Cargo (ODC)	Every 20 Kms	1 Day

The validity can be extended by the generator eight hours prior to or within eight hours following expiration. The entire extension is only available in extraordinary circumstances and is limited to 360 days from the initial generation date. Furthermore, only documents dated within the last 180 days are eligible for creating E-Way Bills.

Situations in Which an E-Way Bill Is Not Necessary

1. In several situations, the e-way bill is exempt, including:
2. movement of a non-motor vehicle.
3. goods that are carried under seal or customs supervision.
4. Transport goods to or from Bhutan or Nepal.
5. Movements caused by defence formations.
6. Transportation within 20 km between a company location and a weighbridge, as long as a delivery challan is present.
7. Certain commodities are free from state regulations; for example, in states like Tamil Nadu and Delhi, certain intrastate movements are subject to higher limitations of ₹1 lakh.

Conclusion

A significant step toward digital and transparent logistics management under GST is the E-Way Bill system. Making sure logistics data corresponds with the digital footprint in the Unified Annual Information Statement (Form 168) is important in the current Income Tax Act 2025 framework. Any firm must correctly calculate validity periods and comply with required Multi-Factor Authentication (MFA). Following these guidelines not only guarantees smooth logistical operations but also protects your business from severe fines under Section 129 of the CGST Act.

The Goods and Services Tax (GST) system was designed to simplify indirect taxation by merging multiple levies into a single framework. To maintain compliance and prevent tax evasion during the movement of goods, Section 129 of the CGST Act governs the detention, seizure, and release of goods and vehicles when rules are breached. In the current 2026 tax environment, this section acts as a high-stakes enforcement tool, integrated with digital tracking and the new Income Tax Act 2025 reporting standards.

Inspection of Goods in Transit

Under GST, an E-Way Bill is mandatory for transporting goods valued above ₹50,000. The person in charge of the vehicle must carry the invoice (or e-invoice), e-way bill, and delivery challan. Authorised GST officers now use real-time data from the Invoice Management System (IMS) and Fastag logs to intercept and inspect vehicles. If documentation is missing or if the digital status of the invoice shows a discrepancy, the officer has the power to detain the consignment.

Notice, Hearing, and Order Timeline

The legal process follows a strict 7-7-15-day cycle:

• Notice: The officer must issue a written notice in FORM GST MOV-07 within 7 days of detention.
• Order: After giving the taxpayer a chance to be heard, a final order in FORM GST MOV-09 must be passed within 7 days from the date of service of the notice.
• Payment: The taxpayer then has 15 days to pay the penalty.

Penalty Structure (As of 2026)

Situation	Penalty on Taxable Goods	Penalty on Exempted Goods
Owner Comes Forward	200% of tax payable	2% of value or ₹25,000 (Whichever is less)
Owner Does Not Come Forward	50% of value or 200% of tax (Whichever is higher)	5% of value or ₹25,000 (Whichever is less)

Note: If the transporter wishes to release only the vehicle, they may do so by paying a penalty of ₹1 lakh or the applicable penalty on goods, whichever is less.

Release of Goods and Vehicle

Section 129(2) provides that detained items shall be released upon the payment of the penalty or the furnishing of a security (such as a bank guarantee) equal to the penalty amount. If the taxpayer chooses to appeal the order, they must now pre-deposit 25% of the penalty amount to the department.

Confiscation and Fine

If the penalty is not paid within 15 days of the order, the officer may initiate confiscation proceedings under Section 130 using FORM GST MOV-10. Once confiscated, the goods become the property of the central government. The owner can only reclaim them by paying a redemption fine (in addition to the tax and penalty), which cannot exceed the market value of the goods. Under the Income Tax Act 2025, such fines are strictly non-deductible as business expenses.

Conclusion

Section 129 is central to enforcing GST compliance in India’s growing economy. With the shift to the tax year 2025-26 and the implementation of Section 74A for unified tax determination, the focus has moved toward digital transparency. Businesses must ensure their physical movement of goods perfectly matches their digital records in the IMS and E-Way Bill portal to avoid significant financial penalties and the risk of confiscation.

 

India are developing their GST system into more of a technology-based framework within compliance. The government has implemented numerous ways to lessen tax evasion, use of false invoices, and taking advantage of input tax credit through digital means. The use of a track and trace mechanism would fall under this category of new technology as introduced in Section 148A of the CGST Act. The intent of this system is to keep track of goods that are subject to tax evasion without being solely reliant on the physical documentation and inspection of the goods but, instead, through digitally linking the movement of goods with the tax records that are produced for those goods.

As of 2026, the framework is active in certain sectors and has become an important part of GST enforcement.

Purpose of the Track and Trace System

The government introduced this mechanism mainly to control tax evasion in industries where underreporting and fake transactions are common. Certain products move through long supply chains, making it difficult to track whether the correct amount of tax has been paid.

Under this system, notified goods are required to carry a unique identification marking, commonly known as a UIM. This mark may appear in the form of a QR code, RFID tag, or another secure digital marking placed on the product or packaging.

The marking helps authorities verify the following:

• Whether the goods are genuine
• Whether tax has been correctly reported
• Whether the movement of goods matches GST records
• Whether fake Input Tax Credit claims are being made

This system creates better transparency because every stage of movement can be digitally traced.

Legal Framework

The legal foundation of the mechanism comes from Section 148A of the CGST Act. This provision was introduced through the Finance Act, 2025 and became effective from 1 October 2025 through Notification No. 16/2025 Central Tax.

The section gives power to the government to notify the following:

• Specific goods
• Certain classes of persons
• The manner in which goods must be marked and tracked

Another important provision is Section 2(116A), which defines the Unique Identification Marking. The law states that the marking should be secure and difficult to remove or alter.

The penalty provision has also become stricter. Under Section 122B, failure to comply with the track and trace requirements may result in the following:

• A penalty of ₹100,000
• Or 10 per cent of the tax payable on such goods
• Whichever amount is higher

This shows that the government considers non-compliance a serious offence rather than a small procedural error.

Current Position as of April 2026

The system has now moved beyond the planning stage. The government has already notified certain high-risk sectors, including tobacco product, pan masala, and selected pharmaceutical items. Manufacturers dealing in these sectors are required to follow additional compliance measures. They must submit declarations regarding production capacity, packaging machinery, and operational details through prescribed forms such as Form CE DEC 01.

Another major development is the integration of the UIM system with existing GST tools. The track-and-trace mechanism now works together with the following:

• E-invoicing
• E-waybill systems
• GST portal verification systems

For notified goods, businesses cannot generate a valid e way bill unless the Unique Identification Marking is verified through the GST portal. This has enhanced real-time monitoring of goods movement across the supply chain.

Impact on Businesses

The mechanism has changed the compliance responsibilities of manufacturers and dealers operating in notified sectors. Businesses now need stronger internal systems and accurate digital records.

Companies are expected to maintain manufacturing batch records, packaging details, transport records linked with digital markings, and proper reconciliation between stock and GST filings. Many businesses have also invested in digital printing and scanning technologies to ensure that their products comply with legal requirements.

The system has improved supply chain authenticity because authorities can now identify suspicious consignments more quickly. It has also reduced the chances of fake invoices and fraudulent transactions.

Conclusion

GST’s Track and Trace Mechanism marks a significant change in India’s indirect tax system, as it will now provide not only a digital identification for goods but also ‘real-time’ tracking for determining if goods are being produced and if they comply with rules, thereby moving away from being reliant mostly upon physical inspections and manual verifications to improve compliance via the use of these technical means.

As of 2026, the Track and Trace Mechanism has begun operations across multiple high-risk industries and is expected to continue to be implemented over time. Businesses that handle notified goods should take compliance very seriously because of the serious penalties associated with non-compliance.

The ‘Goods and Services Tax (GST) Return Filing’ is the process of reporting information about your company’s sales, purchases, the taxes you have collected from customers and the taxes you have paid to the government. All registered companies are required to report their activities regularly (periodically, monthly, quarterly, or annually) on the basis of their category, turnover, and type of registration.

You may file returns online via the GST Portal at www.gst.gov.in. This system helps in maintaining accountability and transparency, and it enables you to comply with applicable laws. Additionally, submitting returns will help in collecting accurate input tax credits (ITC) when you make purchases.

Why should you submit your GST returns?

1. Required for all registered GST taxpayers.
2. Helps companies collect ITC for purchases resulting in a lower tax burden.
3. Maintains accurate records for accounting purposes and builds credibility with other stakeholders.
4. Avoids fines, late payment charges and interest linked with delays.
5. Facilitates smooth financial management and audit compliance.

Types of GST Returns

Return Type	Purpose	Filing Frequency	Due Date	Applicable To
GSTR-1	Details of outward supplies (sales)	Monthly / Quarterly (QRMP)	11th of next month (monthly) / 13th of month after quarter (QRMP)	All regular taxpayers
GSTR-1A	Amendment to GSTR-1 for current period	Monthly	Before filing GSTR-3B	Regular taxpayers correcting sales data
GSTR-3B	Summary of sales, ITC, and tax payment	Monthly / Quarterly (QRMP)	20th of next month (monthly); 22nd or 24th depending on state (QRMP)	All regular taxpayers
GSTR-4	Annual return for Composition Scheme	Annually	30th June of following financial year	Composition scheme dealers
GSTR-5	Return for non-resident taxable persons	Monthly	20th of next month	Non-resident taxpayers
GSTR-6	Return for Input Service Distributors (ISD)	Monthly	13th of next month	ISDs (Mandatory registration for common ITC)
GSTR-7	Return for entities deducting TDS	Monthly	10th of next month	TDS deductors under GST
GSTR-8	Return for e-commerce operators collecting TCS	Monthly	10th of next month	E-commerce operators
GSTR-9	Annual return summarising year transactions	Annually	31st December following financial year	Regular taxpayers with turnover > ₹2 crore
GSTR-9C	Self-certified reconciliation statement	Annually	31st December following financial year	Taxpayers with turnover > ₹5 crore
GSTR-10	Final return when registration is cancelled	One-time	Within 3 months of cancellation/order	Cancelled/Surrendered registrations

Key Updates (Effective 2025 and 2026)

• GSTR-3B Locking: From July 2025, it will no longer be possible to make changes to tax liabilities directly within GSTR-3B. Any corrections made to returns can now only be done through editing the corresponding information contained in GSTR-1A.
• IMS (Invoice Management System): IMS is a tool designed for suppliers who receive invoices from their customers. Suppliers are able to have their customers either accept or reject these invoices prior to having the invoice added as an input service credit on the customer’s GSTR-2B.
• Mandatory ISD: As of April 2025, if any registered entity has common inputs to use in more than one registration, this entity must establish an Input Service Distributor using the ISD mechanism (GSTR-6).

Conclusion

Legal compliance requires timely filing of GST returns. Businesses may operate transparently, get input tax credits, and keep records by filing GST. Through the Integrated Management Systems (IMS), your GST return is directly related to suppliers, and as of the 2026 GST amendments, GSTR-1A amendments are closely related to supplier transactions. Fines and interest may be applied to the total amount payable if you fail to file on time.