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Court Rules No Social Welfare Surcharge Due on Exempted Customs Duties; SWS Must Match Zero Duty Payment.
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....A legal challenge was raised regarding the requirement to pay the Social Welfare Surcharge (SWS) on imported goods when the basic customs and additional duty were exempted through a scrip. The court examined Section 110 of the Finance Act, 2018, which levies SWS at 10% on the aggregate of duties collected under the Customs Act. The petitioner argued that since no customs duty was paid due to the exemption, the SWS, being a percentage of the duty paid, should also be zero. The court agreed with this reasoning, distinguishing it from previous cases on NCCD where the issue was the absence of a notification for levy. The court held that upon obtaining an exemption, the liability to pay duty is discharged, and no duty collection follows the levy.........