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FEMA

Latest Articles


Regulatory Compliance for Wholly Owned Subsidiaries of Foreign Companies in India

Fema / RBI : Learn key regulatory requirements for wholly owned subsidiaries of foreign companies in India, including compliance under the Comp...

March 4, 2025 630 Views 0 comment Print

Residential Status- ITA vs FEMA

Income Tax : Understand the differences in residential status under the Income Tax Act and FEMA for Indians working abroad. Know tax implicatio...

February 25, 2025 642 Views 0 comment Print

FEMA Compounding Regulations and Process

Fema / RBI : Introduction to Compounding Compounding of contraventions is a voluntary process where an individual or entity admits a contravent...

February 18, 2025 600 Views 0 comment Print

Compounding Regulations under FEMA

Fema / RBI : Learn about the FEMA compounding process, authorities, and rules for resolving foreign exchange contraventions with the updated Fo...

February 17, 2025 738 Views 0 comment Print

Establishment of Project Office in India: Process & Requirements

Fema / RBI : Foreign companies can establish a project office in India for specific operations. Learn about RBI approval, documentation, and co...

February 5, 2025 459 Views 0 comment Print


Latest News


FEMA Regulations Amended for Forex Violation Settlement

Fema / RBI : New FEMA rules allow settlement of foreign exchange violations with penalties up to ₹5 crore. Pending cases will follow earlier ...

February 6, 2025 171 Views 0 comment Print

FEMA Regulations Amended: Compounding Violations Up to ₹5 Crore

Fema / RBI : The Government amended FEMA regulations, enabling resolution of violations up to ₹5 crore by paying fines. Ongoing cases follow ...

November 28, 2024 621 Views 0 comment Print

BCAS Provides Feedback on RBI’s Draft FEMA Regulations

Fema / RBI : BCAS submits feedback on RBI's draft FEMA regulations, highlighting liberalized rules aimed at enhancing Ease of Doing Business. B...

September 1, 2024 285 Views 0 comment Print

The IFSCA Banking Handbook General Directions- V 5.0 (GEN)

Finance : Understand the legal framework, regulations, and licensing requirements outlined in the IFSCA Banking Handbook General Directions ...

April 5, 2024 990 Views 0 comment Print

Review of Foreign Direct Investment Policy on Space Sector

Fema / RBI : Explore the latest Foreign Direct Investment (FDI) policy amendments in Indias space sector. Understand the changes in caps, entry...

March 5, 2024 510 Views 0 comment Print


Latest Judiciary


ED’s Inaction on Seized Assets Violates Income Tax Act Section 132B & FEMA Section 37(3)

Income Tax : Directorate of Enforcement cannot sit over the seized assets, and the failure to release them is a violation of Section 132B of th...

January 6, 2024 906 Views 0 comment Print

Lack of Evidence for FEMA Act Contravention in Bogus Import of Service via Cash Bean App: Writ Petition Dismissed

Fema / RBI : Assessee-company was engaged in the business of providing unsecured short-term loans to its customers/borrowers in India via its D...

December 25, 2023 831 Views 0 comment Print

Rajasthan high court directs to release goods seized by Enforcement Directorate

Fema / RBI : Read Rajasthan High Court's judgment in Bhagwati Jewellers regarding release of seized gold bullion and goods by Enforcement Direc...

October 9, 2023 2397 Views 0 comment Print

Cognizance taken under repealed law is valid if it is provided by provision of ‘Repeal and Savings’ under the new Law

Fema / RBI : In present facts of the case, the Hon’ble Supreme Court observed that the Enforcement Officer appointed under Section 3 of FERA,...

September 27, 2023 1407 Views 0 comment Print

Provisional attachment order passed without valid reasoning is untenable

Income Tax : Karnataka High Court held the provisional attachment order unjustifiable as the same was passed simply stating that there is likel...

December 29, 2022 1686 Views 0 comment Print


Latest Notifications


RBI Guidelines on $120M Credit Line to Vietnam for Guard Boats

Fema / RBI : RBI outlines Exim Bank’s $120M credit line to Vietnam for High-Speed Guard Boats. Includes disbursement details, export complian...

February 13, 2025 63 Views 0 comment Print

RBI Guidelines on $180M Credit Line to Vietnam for Patrol Vessels

Fema / RBI : RBI issues guidelines for Exim Bank’s $180M credit line to Vietnam for Offshore Patrol Vessels. Details on disbursement, export ...

February 13, 2025 162 Views 0 comment Print

RBI Amends FEMA Rules on Payment Methods for ACU Members

Fema / RBI : RBI revises FEMA regulations, modifying payment rules for Asian Clearing Union (ACU) members, excluding Nepal and Bhutan. Changes ...

February 10, 2025 414 Views 0 comment Print

RBI Amends Foreign Exchange Receipt and Payment Rules

Fema / RBI : RBI updates FEMA regulations, revising payment rules for ACU member countries. The amendment affects foreign exchange transactions...

February 4, 2025 678 Views 0 comment Print

RBI Revises FEMA Regulations to encourage INR Trade Settlement

Fema / RBI : RBI updates FEMA regulations to encourage Indian Rupee and local currencies for cross-border transactions. Learn about the revised...

January 16, 2025 642 Views 0 comment Print


Government approval not be required for paying royalty to foreign firms

December 18, 2009 711 Views 0 comment Print

Indian companies paying royalty to foreign firms for technology transfer, use of brand name or trademark will no longer require government approval, as such payments have been allowed under the automatic route. “. it has been decided to permit, with immediate effect, payments for royalty, lump sum fee for transfer of technology and payments for use of trademark/brand name on the automatic route.

Press Note on Liberalization of Foreign Technology agreement policy

December 17, 2009 3085 Views 0 comment Print

The existing policy of Government of India on the payment of royalties under Foreign Technology Collaboration provides for automatic approval for foreign technology transfers involving payment of lumpsum fee of US$ 2 million and payment of royalty of 5% on domestic sales and 8% on exports. In addition, where there is no technology transfer involved, royalty up to 2% for exports and 1% for domestic sales is allowed under automatic route on use of trademarks and brand names of the foreign collaborator. Separate norms are available for the hotel sector vide Press Note 18 (1991 Series) and Press Note 1 (1995 Series). Technology transfers involving payments above these limits required prior permission of the Government of India (Project Approval Board, Department of Industrial Policy and Promotion).

FEMA – Summons issued by Enforcement Directorate in exercise of power vested in them cannot be quashed: Madras HC

December 9, 2009 5606 Views 0 comment Print

A summons issued by the Enforcement Directorate, Government of India, under Section 37 of the Foreign Exchange Management Act, 1999 could not be interdicted by the High Court on the ground that there was no application of mind and the documents sought for would amount to a roving enquiry by the Directorate, the Madras High Court has held.

ED claimed to have proof of violation of FDI guidelines by Emaar MGF

December 7, 2009 1047 Views 0 comment Print

The Enforcement Directorate(ED) on Friday claimed to have found evidence of “large-scale” violations of Foreign Direct Investment(FDI) guidelines by real-estate major Emaar MGF in purchase of land. During its searches carried out at 13 premises of the group on Thursday, ED also claimed to have recovered about Rs nine crore in cash, two kg of gold and foreign currency worth Rs 5 lakh.

Changes to Indian exchange regulations relating to receipt and remittance of remuneration outside India

December 5, 2009 2194 Views 0 comment Print

Payment of salary outside India to employees of a foreign company who are on secondment to an office, branch, subsidiary or joint venture in India (Indian entity) of the foreign company. The remittance of salary received by foreign nationals whilst resident in India who are employees of Indian companies.

FDI applicants must furnish three years audited financial statements to FIPB: Revenue Department

December 5, 2009 712 Views 0 comment Print

The Revenue Department, which scrutinises all foreign investments from the tax angle, has asked the Foreign Investment Promotion Board (FIPB) to ensure that FDI applicants furnish three years audited financial statements of the investor.Such disclosures will be useful to determine the source of funds as also to assess the ability of the actual and the immediate investor to make such investments.

Absence of tax free climate affected inflows of foreign investment in the shipping sector

December 4, 2009 649 Views 0 comment Print

Absence of tax-free climate has affected inflows of foreign investment in the shipping sector, reducing its competitiveness, the government informed Rajya Sabha. “The Indian flag suffers from certain barriers in terms of tax and duty structures which may have impeded the growth of foreign direct investment (FDI),” shipping minister GK Vasan told Rajya Sabha. As per him new taxes in the form of service tax, FBT etc reduced its competitiveness.

17 FDI proposal worth Rs. 4500 crore cleared by Govt.

December 2, 2009 730 Views 0 comment Print

Based on the recommendations of Foreign Investment Promotion Board (FIPB) in its meeting held on November 20, 2009, Government has approved 17 Proposals of Foreign Direct Investment amounting to Rs. 4551.05 Crore approximately, the largest chunk of which is likely to be invested by a Russian government agency in telecom company Sistema Shyam.

Governments have no plan to further liberalize FDI in retail sector

November 27, 2009 691 Views 0 comment Print

The government has no plan to further liberalize foreign investment in retail sector, the commerce and industry minister said.India, currently, does not permit foreign direct investment (FDI) in multiple-brand retailers, restricting global firms like Wal-Mart Stores and Carrefour from selling directly to customers in the country. Foreign holdings in single-branded retailers are capped at 51%.

State governments to monitor violation of FDI regulation in retail sector

November 26, 2009 958 Views 0 comment Print

It has directed them to create a “suitable mechanism” to hold periodic scrutiny against violation of Foreign Exchange Management Act (FEMA). The move comes after it was found that some foreign retail companies or joint ventures, which had permission to undertake only “cash & carry wholesale trading” were violating the rules. They were apparently selling directly for personal consumption, which is prohibited. It was also noticed that companies that were allowed to operate single-brand retail outlets sold multiple brands in violation of permission.

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