Levy of Social Welfare Surcharge (SWS) on Goods Imported under ...
Tribunal Confirms Social Welfare Surcharge Exemption for Imports with Zero Basic Customs Duty Under MEIS Scheme.
February 29, 2024
Case Laws Customs AT
Levy of Social Welfare Surcharge (SWS) on Goods Imported under MEIS Scheme - Benefit of Exemption Notification No. 32/2005-Cus. - benefit of Zero duty SWS - The Tribunal held that since BCD was 'zero' due to exemption, the SWS calculated at 10% of such 'zero' BCD should also be 'zero'. The Tribunal relied on Section 110(3) of the Finance Act, 2018 and Circular No. 3/2022-Customs dated 01.02.2022, clarifying that SWS is 'Nil' where the aggregate of customs duties is zero. The appeals were allowed in favor of the appellants.
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