ABC Limited, an Indian company, holds a commercial plot in Chennai which it intends to sell. WXY, a real estate broker with its Head Office in the…

CA Intermediate · Corporate and Other Laws · MTP · September 2025
ABC Limited, an Indian company, holds a commercial plot in Chennai which it intends to sell. WXY, a real estate broker with its Head Office in the USA, has been appointed by ABC Limited to find some suitable buyers for the said commercial plot in Chennai which is situated at a prime location. WXY identifies Glory Estate Inc., based out of USA, as the potential buyer. It is to be noted that Glory Estate Inc. is controlled from India and hence, is a 'Person Resident in India' under the applicable provisions of Foreign Exchange Management Act, 1999. A deal is finalised and Glory Estate Inc. agrees to purchase the commercial plot for USD 600,000 (assuming 1 USD = 70). According to the agreement, ABC Limited is required to pay commission @ 7% of the sale proceeds to WXY for arranging the sale of commercial plot to Glory Estate Inc. and commission is to remitted in USD to the Head Office of WXY located in USA. Considering the relevant provisions of Foreign Exchange Management Act, 1999, which statement out of the four given below is correct (ignoring TDS implications arising under the Income-tax Act, 1961):
(A) There is no requirement of obtaining prior permission of Reserve Bank of India (RBI) for remittance of commission upto USD 25,000 by ABC Limited to WXY but for the balance commission of USD 17,000, prior permission of RBI is required to be obtained.
(B) There is no requirement of obtaining prior permission of Reserve Bank of India (RBI) for remittance of commission upto USD 30,000 by ABC Limited to WXY but for the balance commission of USD 12,000, prior permission of RBI is required to be obtained.
(C) There is no requirement of obtaining prior permission of Reserve Bank of India (RBI) for remittance of entire commission of USD 42,000 by ABC Limited to WXY.
(D) It is mandatory to obtain prior permission of Reserve Bank of India (RBI) for remittance of entire commission of USD 42,000 by ABC Limited to WXY.

Suggested Answer and Working Notes:

Correct Answer: Option (D)

It is mandatory to obtain prior permission of Reserve Bank of India (RBI) for remittance of entire commission of USD 42,000 by ABC Limited to WXY.

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

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