MASTER CIRCULAR NO. 8/2011-12, DATED 1-7-2011 If any person contravenes any provision of FEMA, 1999, or contravenes any rule, regulation, notification, direction or order issued in exercise of the powers under this Act, or contravenes any condition subject to which an authorization is issued by the Reserve Bank, he shall, upon adjudication, be liable to a penalty up to thrice the sum involved in such contravention where the amount is quantifiable or up to Rupees Two lakh, where the amount is not quantifiable and where the contravention is a continuing one, further penalty which may extend to Rupees Five thousand for every day after the first day during which the contravention continues (Section 13(1), Chapter IV of FEMA, 1999). In terms of rule 4 of the Foreign Exchange (Compounding Proceedings) Rules, 2000, the powers to compound the contraventions have been prescribed for compounding authorities with regard to the sum involved in such contravention and no contravention shall be compounded unless the amount involved in the contravention is quantifiable.
Import of Goods and Services into India is being allowed in terms of section 5 of the Foreign Exchange Management Act, 1999 (42 of 1999), read with Notification No. G.S.R. 381(E), dated May 3, 2000 viz. Foreign Exchange Management (Current Account Transactions) Rules, 2000 as amended from time to time. This Master Circular consolidates the existing instructions on the subject of ‘Import of Goods and Services’ at one place. The list of underlying circulars consolidated in this Master Circular is also furnished.
The acceptance of deposits by an Authorised Dealer/Authorised bank from persons resident outside India are regulated by the provisions of sub-sections (1) and (2) of section 6 of the Foreign Exchange Management Act, 1999 read with FEMA Notification No. 5/2000 RB dated May 3, 2000, as amended from time to time.2. This Master Circular consolidates the existing instructions on the subject of ‘Non-Resident Ordinary Rupee (NRO) Account’ at one place. The list of underlying circulars/notifications consolidated in this Master Circular is furnished in the Appendix.
ORDER S.O.1492(E), DATED 1-7-2011 SECTION 50 OF THE FOREIGN CONTRIBUTION (REGULATION) ACT, 2010 – POWER TO EXEMPT IN CERTAIN CASES – ACT NOT TO APPLY TO ALL BODIES CONSTITUTED OR ESTABLISHED BY OR UNDER A CENTRAL ACT OR A STATE ACT REQUIRING TO HAVE THEIR ACCOUNTS COMPULSORILY AUDITED BY THE COMPTROLLER AND AUDITOR GENERAL OF INDIA
MASTER CIRCULAR NO. 5/2011-12, This Master Circular consolidates the existing instructions on the subject of ‘Memorandum of Instructions for Opening and Maintenance of Rupee/Foreign Currency Vostro Accounts of Non-resident Exchange Houses’ at one place. The list of underlying Circulars/notifications is set out in the Appendix. 2. This Master Circular is issued with a sunset clause. This circular will stand withdrawn on July 1, 2012 and be replaced by an updated Master Circular on the subject.
MASTER CIRCULAR NO. 4/2011-12, DATED 1-7-2011 Acquisition and transfer of immovable property in India by NRIs/PIOs/Foreign Nationals of Non-Indian Origin is regulated in terms of sub-sections (3), (4) and (5) of section 6 of the Foreign Exchange Management Act, 1999 read with Notification No. FEMA 21/2000-RB, dated May 3, 2000. The regulatory framework and instructions issued by the Reserve Bank in this regard have been compiled in this Master Circular. The list of underlying circulars/notifications is furnished in Appendix.2. This Master Circular is being issued with a sunset clause of one year. This circular will stand withdrawn on July 1, 2012 and be replaced by an updated Master Circular on the subject.
MASTER CIRCULAR NO. 3/2011-12, DATED 1-7-2011 Establishment of Branch/Liaison/Project Offices in India is regulated in terms of section 6(6) of Foreign Exchange Management Act, 1999, read with Notification No. FEMA 22/2000-RB, dated May 3, 2000 as amended from time to time. 2. This Master Circular consolidates the existing instructions on the subject of ‘Establishment of Branch/Liaison/Project Offices in India by Foreign Entities’ at one place. The list of underlying circulars/notifications consolidated in this Master Circular is furnished in the Appendix.
MASTER CIRCULAR NO. 2/2011-12 Remittance facilities for Non-Residents/Persons of Indian Origin/Foreign Nationals are being governed by sub-sections (1) and (2) of section 6 of the Foreign Exchange Management Act, 1999 read with FEMA Notification No.13/2000-RB and FEMA Notification No. 21/2000-RB dated May 3, 2000, as amended from time to time. 2. This Master Circular consolidates the existing instructions on the subject of ‘Remittance facilities for Non-Resident Indians/Persons of Indian Origin/Foreign Nationals’ at one place. The list of underlying circulars/notifications consolidated in this Master Circular is furnished in Appendix.
MASTER CIRCULAR NO. 1/2011-12, DATED 1-7-2011 Miscellaneous remittance facilities for residents are allowed in terms of section 5 of the Foreign Exchange Management Act, 1999, read with Government of India Notification No. G.S.R 381(E) dated May 3, 2000, as amended from time to time. 2. This Master Circular consolidates the existing instructions on the subject of Miscellaneous Remittances from India – Facilities for Residents at one place. The list of underlying circulars/notifications consolidated in this Master Circular is furnished in Appendix-1.
Power Pack Conductors v ITO (ITAT Mumbai)-When an assessment is reopened on a particular ground but during the course of assessment being finalised, no addition is made in respect of the ground on which assessment is reopened, other additions cannot be made in the course of such assessment proceedings.
