ABC Private Limited is a project engineering, procurement and construction company. The company has bagged a contract from the Government of State…

CA Intermediate · Corporate and Other Laws · MTP · January 2025
ABC Private Limited is a project engineering, procurement and construction company. The company has bagged a contract from the Government of State of Kerala for construction of Water Dam. The company has involved a project consultancy firm situated in Australia for preparing techno-economic feasibility report to enable it to start construction work of dam. The company had paid USD 7,000,000 to vendor of Australia. The company also availed the services of Software Company situated in Denmark for the migration of its accounting software from SAP to Oracle for which the company had paid USD 2,000,000 to the software company. Considering the provisions of Foreign Exchange Management Act, 1999, which of the below mentioned statement is correct:
(A) The company can make payment of USD 7,000,000 and USD 2,000,000 without any approval.
(B) The company can make payment of USD 7,000,000 without any approval and USD 2,000,000 after obtaining prior approval of the Reserve Bank of India (RBI).
(C) The company can make payment of USD 7,000,000 and USD 2,000,000 after obtaining prior approval of RBI.
(D) The company can make payment of USD 7,000,000 after obtaining prior approval of RBI and USD 2,000,000 without any approval.

Suggested Answer and Working Notes:

Correct Answer: Option (B)

The company can make payment of USD 7,000,000 without any approval and USD 2,000,000 after obtaining prior approval of the Reserve Bank of India (RBI).

Topics: The Foreign Exchange Management Act, 1999, Registration of Charges

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