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The Madras High Court considered the liability to pay Social Welfare Surcharge (SWS) and the use of MEIS/SEIS Scrips for discharging the same. The Court held that notifications u/s 25(1) of the Customs Act do not automatically grant exemption from all levies, requiring a deeper analysis of the notification's substance. Notifications Nos. 24 and 25 of 2015 were found to be limited to customs duty and do not exempt SWS. Debiting duty scrips was deemed a valid mode of discharging duty obligations u/r the Customs Act, contrary to the appellant's argument. The Court clarified that duty need not reach the Consolidated Fund of India for a levy to be valid. The Court upheld the original decision, dismissing the writ appeals.
The Madras High Court considered the liability to pay Social Welfare Surcharge (SWS) and the use of MEIS/SEIS Scrips for discharging the same. The Court held that notifications u/s 25(1) of the Customs Act do not automatically grant exemption from all levies, requiring a deeper analysis of the notification's substance. Notifications Nos. 24 and 25 of 2015 were found to be limited to customs duty and do not exempt SWS. Debiting duty scrips was deemed a valid mode of discharging duty obligations u/r the Customs Act, contrary to the appellant's argument. The Court clarified that duty need not reach the Consolidated Fund of India for a levy to be valid. The Court upheld the original decision, dismissing the writ appeals.
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