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Customs - Highlights / Catch Notes

Home Highlights February 2024 Year 2024 This

Levy of Social Welfare Surcharge (SWS) on Goods Imported under ...

Case Laws     Customs

February 29, 2024

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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