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CESTAT allowed the appeals and set aside the impugned order dated 28-4-2022, holding that Social Welfare Surcharge (SWS) is computed on Basic Customs Duty (BCD) and, where BCD is nil, SWS is nil notwithstanding the absence of an express exemption. The Tribunal relied on the authoritative decision of the Bombay HC and subsequent dismissal of review, together with CBIC clarification, concluding the issue is finally settled and no SWS payment is exigible in cases where BCD aggregates to zero. Directions follow for refund/adjustment where SWS was collected, and the appeals are disposed of in favour of the appellants.
CESTAT allowed the appeals and set aside the impugned order dated 28-4-2022, holding that Social Welfare Surcharge (SWS) is computed on Basic Customs Duty (BCD) and, where BCD is nil, SWS is nil notwithstanding the absence of an express exemption. The Tribunal relied on the authoritative decision of the Bombay HC and subsequent dismissal of review, together with CBIC clarification, concluding the issue is finally settled and no SWS payment is exigible in cases where BCD aggregates to zero. Directions follow for refund/adjustment where SWS was collected, and the appeals are disposed of in favour of the appellants.
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