Notification No. G.S.R. 349(E) Dated : 22/05/2009

In exercise of the powers conferred by sub-section (1) and clause (a) of sub-section (2) of section 46 of the Foreign Exchange Management Act, 1999 (42 of 1999) and in consultation with the Reserve Bank, the Central Government, having considered it necessary in the public interest, hereby makes the following further amendments in the Foreign Exchange Management (Current Account Transactions) Rules, 2000, namely:—

1.    Short title and commencement – (1) These rules may be called the Foreign Exchange Management (Current Account Transactions) (Amendment) Rules, 2009

(2)   They shall come into force on such date as specified in the provisions of these rules.

2. In the Foreign Exchange Management (Current Account Transactions) Rules, 2000, in Schedule III,-

(1)   (i)   for item numbers 2 and 3 and the entries relating thereto, the following item numbers and the entries shall be substituted, namely :—

“2. Release of exchange exceeding US$ 10,000 or its equivalent in one financial year for one or more private visits to any country (except Nepal and Bhutan).

3. Gift remittance exceeding US$ 5,000 per financial year per remitter or donor other than resident individual;”

(ii)   the amendments made to item numbers 2 and 3 shall be deemed to have come into force on the 20th December, 2006.

(2)   for item 4 and the entries relating thereto, the following item number and the entries shall be substituted, namely:—

“4. (i) Donation exceeding US$ 5,000 per financial year per remitter or donor other than resident individual;

Online GST Certification Course by TaxGuru & MSME- Click here to Join

(ii) Donations by corporate, exceeding one per cent of their foreign exchange earnings during the previous three financial years or US$ 5,000,000, whichever is less, for,-

(a) creation of Chairs in reputed educational institutes;

(b) to funds (not being an investment fund) promoted by educational institutes; and

(c) to a technical institution or body or association in the field of activity of the donor company.

Explanation : For the purposes of these item numbers 3 and 4, remittance of gift and donation by resident individuals are subsumed under the Liberalised Remittance Scheme.”

(3)   for item number 15 and the entries relating thereto, the following item number and the entries shall be substituted, namely :—

“15.   Remittances exceeding US$ 10,000,000 per project, for any consultancy services in respect of infrastructure projects and US$ 1,000,000 per project for other consultancy services procured from outside India.

Explanation : For the purposes of this item number ‘infrastructure project’ is those related to –

(i)      Power,

(ii)      Telecommunication,

(iii)     Railways,

(iv)     Roads including bridges,

(v)     Sea port and airport,

(vi)     Industrial parks, and

(vii)    Urban infrastructure (water supply, sanitation and sewage)”.

(4)   after item number 16 and the entries relating thereto, the following item number and the entries shall be inserted, namely :-

“17   Remittances exceeding five per cent of the investment brought into India or US$ 1,00,000 whichever is higher, by an entity in India by way of reimbursement of pre-incorporation expenses.”

(5)   the amendments made to item numbers 4, 15 and 17 shall be deemed to have come into force on the 30th April, 2007.

More Under Fema / RBI

Posted Under

Category : Fema / RBI (3272)
Type : Notifications (15267) Notifications/Circulars (30265)
Tags : fema (531) Fema Notifications (721) Gift (80) RBI Notifications (1869)

0 responses to “Foreign Exchange Management (Current Account Transactions) (Amendment) Rules, 2009”

  1. Sachin Shah says:

    I make a payment to ASME for participate their meet in USD in their USA bank now i want to know what this payment is exempted in TDS or not if yes then give clarification & no then also give clarification

  2. Subhajit Mukherjee says:

    Re:- Foreign Payment through Bank (Fund transfer or though Demand Draft)

    We facing a problem, please see the details below and advice me

    Type of Company from where the Foreign remittance made Partnership firm
    Principal Activity Legal Consultancy
    Details of Payment For the purpose of client’s work we engage the farm/individual for various work related to “legal”, mainly advice or appearance or any other work.
    Payment Under the head of “Technical Service and Expenses”
    Paid in Foreign currency
    Paid Out of India
    Mode of Payment Through Bank transfer or Draft (in foreign currency)
    Procedure we generally follow 1) After received an invoice from the foreign party first send to CA for examine and obtain a certificate (15CB)
    2) File 15CA online.
    3) Fill up Outward Telegraphic Transfer I Demand Draft Application Cum Form A2.
    My Question 1) If by mistake CA certify that there is no TDS applicable as per Double Taxation Avoidance Rule and we do not deduce any TDS from the Third Party (Foreign Firm) but after that it is found the mistake in certificate than according to TAX AUTHORITY who is responsible for such mistake and what is penalty or anything they charge from the Firm “Partnership firm” ?
    2) If the certificate is OK and mistake from our part then according to TAX AUTHORITY who is responsible for such mistake and what is penalty or anything they charge from the Firm “Partnership firm” ?
    3) It is mandatory to deduct TDS if there is no PAN No. or anything relating to Tax information of the “Foreign Firm” to whom we paid ?

    Regards

    Subhajit

Leave a Reply

Your email address will not be published. Required fields are marked *