RSM India

Clarification on levy of SWS and extension of due date for furnishing GSTR-1 of earlier periods

Clarification on levy of Social Welfare Surcharge (SWS)

  • The Government has issued a Circular No.02/2020- Customs dated 10th January 2020 clarifying the levy of SWS on import of goods where basic custom duty is either exempt or paid through duty credit scripts issued under Foreign Trade Policy 2015-20.
  • Under Customs law, SWS is levied as a fixed percentage of Basic Custom Duty and accordingly, there is prevalent understanding in trade and industry that in the absence of basic custom duty, SWS is also not payable.
  • However, the circular clarifies that exemption of basic custom duty does not affect levy of SWS and accordingly the same will be levied and collected on imported goods irrespective of payment of basic custom duty. Further, it is also clarified that past cases should not be disturbed and this clarification should be applied prospectively.

Extension of due date for furnishing GSTR-1 for the period July 2017 to November 2019

  • The Government has provided an opportunity to a registered person who has not filed their GSTR-1 of earlier periods [July 2017 to November 2019], to waive the late fees applicable on said return provided these returns gets filed between 19th December 2019 to 10th January 2020. The said time line has been further extended to 17th January 2020 vide Notification No.04/2020- Central Tax dated 10th January 2020.

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