The GST Council is scheduled to consider proposals on October 7 to include metro rail among the transport modes covered by e-way bill rules and to classify permanent transfers of intellectual property rights (IPR) as supplies of services. The Law Committee has recommended both changes as part of a broader set of proposals.

Under the existing Goods and Services Tax framework, goods transported by rail, air or vessel above the prescribed threshold generally require an e-way bill. However, GST rules do not define the term railways, while metro systems such as Delhi Metro Rail Corporation are legally separate from Indian Railways. Explicitly naming metro rail could address compliance and operational difficulties for operators and businesses using metro networks to move cargo.

Delhi Metro Rail Corporation has planned a pilot for depot-to-depot cargo movement through Urban Freight Services, using the metro network for middle-mile connectivity. The current e-way bill portal is designed around Indian Railways and does not adequately support goods transported through metro systems, creating difficulties for the proposed pilot. The clarification could also assist metro systems in other cities that are exploring freight services.

The Council may also examine the GST treatment of permanent IPR transfers. Such transfers are currently notified as taxable supplies of both goods and services, but the absence of a distinct tariff classification has created uncertainty. The Law Committee has proposed treating both temporary and permanent IPR transfers as supplies of services.

The proposed approach could clarify the treatment of cross-border IPR transactions. Permanent transfers from overseas recipients into India could be taxed as imports of services, while transfers to recipients outside India could qualify as exports of services, allowing zero-rated treatment and refunds of unutilised input tax credit without goods-export documentation. For businesses, including MSMEs using metro networks for urban cargo, the changes could reduce procedural uncertainty. An e-way bill is generally required under Rule 138 of the Central Goods and Services Tax Rules for consignments valued above Rs. 50,000, subject to applicable exceptions and state-level provisions.