Referring to the provisions of the Foreign Exchange Management Act, 1999, state the kind of approval required for the following transactions: (i) A…

CA Intermediate · Corporate and Other Laws · MTP · January 2025
Referring to the provisions of the Foreign Exchange Management Act, 1999, state the kind of approval required for the following transactions: (i) A requires U.S. $ 5,000 for remittance towards hiring charges of transponders. (ii) B requires U.S. $ 2,000 for payment related to call back services of telephones.

Suggested Answer and Working Notes:

Under provisions of section 5 of the Foreign Exchange Management Act, 1999 certain Rules have been made for drawal of Foreign Exchange for Current Account transactions. As per these Rules, Foreign Exchange for some of the Current Account transactions is prohibited. As regards some other Current Account transactions, Foreign Exchange can be drawn with prior permission of the Central Government while in case of some Current Account transactions, prior permission of Reserve Bank of India is required. Accordingly, (i) It is a current account transaction, where A is required to take approval of the Central Government for drawal of foreign exchange for remittance of hire charges of transponders. (ii) Withdrawal of foreign exchange for payment related to call back services of telephone is a prohibited transaction. Hence, Mr. B cannot obtain US $ 2,000 for the said purpose. 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.

Topics: The Foreign Exchange Management Act, 1999

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