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TMI BlogLevy and Collection of social welfare Surcharge (SWS) on import under various schemes such as Merchandise Export from India Scheme (MEIS), Services Export from India Scheme (SEIS) etcX X X X Extracts X X X X X X X X Extracts X X X X ..... lders is invited to the Circular No. 02/2020-Customs dated 10 01.2020 issued by OSD (Drawback), CBIC for levy of Social Welfare Surcharge (SWS) on imports made and present practice regarding its debit through duty credit scrips such as MEIS, SEIS etc. ofthe Foreign Trade Policy (FTP) 2. As per Section 110 of the Finance Act, 2018, SWS is levied and collected, on the goods imported into India, as a duty of Customs on the goods specified in the First Schedule to the Customs Tariff Act, 1975. The SWS is calculated at the rate of ten percent on the aggregate of duties, taxes and cesses which are levied and collected under Section 12 of the Customs Act, 1962. This surcharge is in addition to any other duties of Customs or tax or cess chargeab ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... upreme Court in the case of M/s Unicorn Industries Vs. Union of India and Others (Civil. Appeal Nos. 9237 9238 of 2019) wherein it has inter-alia been held that, A Notification has to be issued for providing exemption under the said source of power. In the absence of a notification containing an exemption of such additional duties in the nature of education cess and secondary and higher education cess, they cannot be said to have been exempted. The proposition urged that simply because one kind of duty is exempted, other kind of duties automatically fall, cannot be accepted as there is no difficulty in making the computa additional duties, which are payable under NCCD, education cess, secondary and higher education cess. Moreover, statut ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... bit in duty credit scrips may be accepted as revenue duly collected and recoveries in cash not be insisted for these cases. 9. All trade associations/members of Customs Brokers Association are requested to take note and publicize the contents of this Public Notice among their members/constituents. 10. For the departmental officers, this may be treated as Standing Order. 11. Difficulty, if any, may also be brought to the notice of the Additional Commissioner of Customs (Import), ICD, TKO, New Delhi 12 This issues with the approval of the Principal Commissioner of Customs, ICD/TKD, Import, New Delhi. Yours faithfully, (Hari Shankar) Additional Commissioner of Customs, ICD-Import, TKD, New Delhi. - Cir ..... X X X X Extracts X X X X X X X X Extracts X X X X
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