TaxTMI 
TaxTMI 
Levy and Collection of Social Welfare Surcharge (SWS) on imports under various schemes such as Merchandise Exports from India Scheme (MEIS), Services Exports from India Scheme (SEIS) etc.
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.... of Customs (Preventive) North Eastern Region Custom House, 110 M. G. Road, Shillong - 793001 C. No. VIII(48)06/CUS/TECH/MISC/2018/16470-92(A) Dated: 10.02.2020 Standing Order No. 01/2020 Subject: Levy and Collection of Social Welfare Surcharge (SWS) on imports under various schemes such as Merchandise Exports from India Scheme (MEIS), Services Exports from India Scheme (SEIS) etc. ....
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....e duty credit scrips issued under schemes such as MEIS, SEIS etc. are granted as rewards/ incentives for exporters under the respective FTP. As per Para 3.02 of the Foreign Trade Policy 2015-20, these scrips can be used for payment of BCD and Additional Customs Duty specified under section 3(1), 3(3) and 3(5) of the Customs Tariff Act, 1975 for import of inputs or goods and for payment of Central ....
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....e said scrip is governed by an exemption notification. 5. In this regard, Hon'ble Supreme Court vide its judgement dated 06.12.2019 (supra) in the case of M/S Unicorn Industries Vs. Union of India and Others (Civil Appeal Nos. 9237 & 9238 of 2019), inter- alia held that "A Notification has to be issued for providing exemption under the said source of power. In the absence of a notification ....
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....stoms exemption notification. Therefore, SWS is not exempted and has to be levied and collected on the imported goods. 3. As per past practice, SWS was being allowed to be debited in the duty credit script along with Basic Customs Duty and Additional Duties of Customs. However, in view of the current judgement it has emerged that SWS cannot be debited through duty credit scrips and therefore ha....