TaxTMI 
TaxTMI 
Levy and Collection of social welfare Surcharge (SWS) on import under various schemes such as Merchandise Export from India Scheme (MEIS), Services Export from India Scheme (SEIS) etc
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....N/111/2018 Date-30.01.2020 PUBLIC NOTICE NO. 04/2020 Sub: Levy and Collection of social welfare Surcharge (SWS) on import under various schemes such as Merchandise Export from India Scheme (MEIS), Services Export from India Scheme (SEIS) etc- reg. Attention of Importers, Customs Brokers and all other stakeholders is invited to the Circular No. 02/2020-Customs dated 10 01.2020 issued by OSD (....
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....rters under the respective FTP. As per Para 3.02 of the Foreign Trade Policy 2015-20, these scrips can be used for payment of Basic Customs Duty a Customs Duty specified under sections 3 (l), 3(3) and 3 (5) of the Customs tariff Act, 1975 for import of inputs or goods and for payment of Central Excise duties on domestic procurement of inputs or goods. The relevant Customs exemption notifications a....
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....se of the said scrip is governed by an exemption notification. 5. In this regard, attention is invited to the judgment dated 06.12.2019 of the Hon'ble Supreme Court in the case of M/s Unicorn Industries Vs. Union of India and Others (Civil. Appeal Nos. 9237 & 9238 of 2019) wherein it has inter-alia been held that, "A Notification has to be issued for providing exemption under the said so....
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....to the issue at hand of levy of SWS on imported goods when the Basic Customs Duty and Additional Duties of Customs are debited through duty credit scrips. 6. Accordingly, there is no exemption from SWS in the FTP and the relevant Customs exemption notifications. Keeping in view the ratio laid down by Hon'ble Supreme Court in judgment dated 06.12.2019(Supra), it is clarified that SWS is not ex....