News & Media 4th Feb 2022

Social Welfare Surcharge: Much Awaited Relief For The Importers

Latest Thought Leadership

Investment Funds
Alerts & Updates 29th Jul 2026

IFSCA Informal Guidance Addresses Use of PSP Payment Accounts for Fund Subscriptions and Redemptions

Read More
Alerts & Updates 29th Jul 2026

Labour and Employment – Recent Judicial Developments

Read More
Investment Funds
Alerts & Updates 29th Jul 2026

The India-Mauritius DTAA Protocol and the Principal Purpose Test: Treaty Entitlement, Substance and the Post-2017 Investment Landscape

Read More
international trades
Alerts & Updates 24th Jul 2026

USTR Finalises Section 301 Forced Labour Tariffs

Read More

Many companies are currently facing an investigation from the Directorate of Revenue of Intelligence (“DRI”) for non-payment of Social Welfare Surcharge (“SWS”) on imports undertaken by claiming exemption from payment of customs duty. Central Board of Indirect Taxes and Customs (CBIC) vide Circular No. 03/2022 dated 01.02.2022 has issued a much-awaited clarification on this. The circular clarifies that if the aggregate customs duty payable on import of goods is zero on account of an exemption, the SWS shall be computed as 10% of the value of “Nil” i.e. zero.

  • Against this backdrop, JitendraMotwani, Partner and Rinkey Jassuja, Principal Associate, Economic Laws Practice (ELP) have co-authored an article titled ‘Social Welfare Surcharge: Much Awaited Relief For The Importers’ published by Taxsutra. In their article, Jitendra and Rinkey discuss the background for issuance of the aforesaid clarification. The article further explains as to what happens to the levy of SWS when imports are undertaken using duty scrips issued under MEIS/SEIS. Finally, the article ends on the note of how the aforesaid circular is interpreted by the Courts while deciding the issue of whether SWS can be levied in case of imports undertaken claiming benefit under MEIS, SEIS duty credit scrips.

    Read the detailed article: Click Here

Privacy Policy

As per the rules of the Bar Council of India, lawyers and law firms are not permitted to solicit work or advertise. By clicking on the "I Agree" button, you acknowledge and confirm that you are seeking information relating to Economic Laws Practice (ELP) of your own accord and there has been no advertisement, personal communication, solicitation, invitation or any other inducement of any sort whatsoever by or on behalf of ELP or any of its members to solicit any work through this website.