Mr. Pravesh, an Indian National desires to obtain Foreign Exchange for the following purposes: (i) US$ 140,000 for studies abroad on the basis of…

CA Intermediate · Corporate and Other Laws · MTP · May 2024
Mr. Pravesh, an Indian National desires to obtain Foreign Exchange for the following purposes: (i) US$ 140,000 for studies abroad on the basis of estimates given by the foreign university. (ii) U.S. $ 10,000 for remittance towards hiring charges of transponders. Advise him whether he can get Foreign Exchange, as per the provisions of the Foreign Exchange Management Act, 1999.

Suggested Answer and Working Notes:

(i) Remittance of Foreign Exchange for studies abroad: According to the provisions of the Foreign Exchange Management Act, 1999, foreign exchange may be released for studies abroad up to a limit of US $ 250,000 for the studies abroad without any permission from the Reserve Bank of India (RBI). Above this limit, RBI's prior approval is required. Further, proviso to Para I of Schedule III states that individual may be allowed remittances exceeding USD 250,000 based on the estimate received from the institution abroad. In this case since US $ 140,000 is the drawal of foreign exchange, so permission of the RBI is not required by Mr. Pravesh. (ii) Under section 5 of the Foreign Exchange Management Act, 1999, and Rules relating thereto, some current account transactions require prior approval of the Central Government, some others require the prior approval of the Reserve Bank of India, some are freely permitted transactions and some others are prohibited transactions. This is a current account transaction, where Pravesh is required to take approval of the Central Government for drawal of foreign exchange for remittance of hire charges of transponders. In all the cases, where remittance of Foreign Exchange is allowed, either by general or specific permission, the remitter has to obtain the Foreign Exchange from an Authorised Person as defined in Section 2(c).

Topics: The Foreign Exchange Management Act, 1999

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