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TMI BlogLevy and Collection of Social Welfare Surcharge(SWS) on imports under various schemes such as Merchandise Exports from India Scheme(MElS), Services Exports from India Scheme (SEIS), etcX X X X Extracts X X X X X X X X Extracts X X X X ..... RAJAJI SALAI, CHENNAI- 600 001. F. No. S.Misc. 02/2018-19-AM-CH-II Dated: 16.01.2020 PUBLIC NOTICE No. 03/2020 Sub: Levy and Collection of Social Welfare Surcharge(SWS) on imports under various schemes such as Merchandise Exports from India Scheme(MElS), Services Exports from India Scheme (SEIS), etc- reg. Attention of the Importers, Exporters, General Trade, Custom Brokers and all other st ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... zero. The levy of SWS has also been challenged in various High Courts by the trade on the said ground. 3. The matter has been examined. 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 per cent on th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... al Duties of Customs in the duty credit scrips. It is inform that the debit of SWS through duty credit scrip is not envisaged in the FTP and the exemption notifications. 5. Further, as per para 3.15 of the FTP, Basic Customs Duty paid through debit in the duty credit scrip is allowed to be adjusted for duty drawback. Duties debited in duty credit scrip are taken into account while determining the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ued for Providing exemption from additional duties in the nature of education cess and secondary and higher education cess, the same cannot be said to have been exempted and as per Article 141 or the constitution, the law declared by the Supreme Court is binding on all Courts within the territory of India, the same occupies the field. It was further opined that therefore there appears to be no leg ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... this regard. 9. With regard to the past cases of debits of SWS already made in the duty credit scrips, it has been decided by the Board that for ensuring ease of doing business, such past cases should not be disturbed and the payments made through debit in duty credit scrips may be accepted as revenue duly collected and recoveries in cash not be insisted for these cases. 10. Difficulties faced, ..... X X X X Extracts X X X X X X X X Extracts X X X X
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