Foreign exchange Fluctuations gain on share capital raised in foreign country and repatriated to India on need basis for working capital not a revenue receipt. Due consideration be given to source of funds and not to the ultimate use of funds Jagjit industries (Del HC) 337 ITR 21

Loss on transfer of compensation bonds issued to assessee in consideration of assignment of debt receivable (in US dollars) from Iraq Govt.is not covered by head capital gain and hence no indexation can be made. However loss can be claimed as bad debt because payment received in form of bonds for services rendered under contract would not alter the character of income Ircon International Ltd. (Del HC ) 15.5.15 57TMC 336

Held by SC in Woodward Governor India (P.) Ltd.312 ITR 254 that an enterprise has to report outstanding liability relating to import of raw material using closing rate of foreign exchange and any difference, loss or gain, arising on conversion of said liability at closing rate should be recognized in profit and loss account for reporting period . Bombay High Court in Vassantram Mehta & Co. (P.) Ltd. [2015] 63 taxmann.com 102 (Bombay) 17-04-2015 has followed the same

Commission income of Indian company allowed to retained with U.S. client with RBI permission and to be utilized for purchase of capital goods. Due to devaluation of rupee cost of capital goods when realized resulted in profit on remittances .HC order that character of income changed on being reserved for capital goods hence profit is capital in nature-Tata Locomotive &Engg co.ltd.60 ITR405(SC)13.1.66

Profit on remittance of amount lying in Karachi as blocked or sterilized balance and not being used for internal banking operations in Pakistan is capital in nature Canara Bank 63 ITR 328 (SC)(1967)

Loss on amount remitted from Pakistan. Allowance depends upon whether amounts held in Pakistan as capital or revenue. The fact that loss is caused by act of state resulting devaluation of currency held makes no difference Sutlej Cotton Mills 116 ITR 1 (SC)

Loss on Forward Contracts for hedging foreign exchange fluctuations is not speculative. Followed CIT Vs. Soorajmull Nagarmull (1981) 5 Taxman 289 (Cal), CIT Vs, Badridas Gauridu (P) Ltd., (2004) 134 Taxman 376 (Bom), CIT Vs. Friends and Friends Shipping Pvt.Ltd., Tax Appeal No.251 of 2010 dated 23.8.2011 and CIT Vs. Panchmahal Steel Ltd. Tax Appeal No.131 of 2013 dated 28.3.2013 by the Hon’ble Gujarat High Court-M/s. LGW Limited ITA No.267/Kol/2013 Date of Pronouncement : 07.10.2015.

Relaxation in repatriation of export proceeds

RBI/2011-12/241A.P. (DIR Series) Circular No.40, Dated- November 01, 2011

Export of Goods and Software – Realisation and Repatriation of export proceeds – Liberalisation

Attention of Authorised Dealer Category-I (AD Category-I) banks is invited to A.P. (DIR Series) Circular No. 47 dated March 31, 2011 enhancing the period of realization and repatriation to India of the amount representing the full export value of goods or software exported, from six months to twelve months from the date of export. This relaxation wasavailable up to September 30, 2011.

CA Certificate required for import payments also

Given below is a RBI Circular which requires submission of CA certificate to the banker even in respect of import payments (A1 payments).

Going forward, businessmen now have to provide their banker with a CA certificate for import payments as well.

A. P. (DIR Series)CIRCULAR NO03/RBI., Dated: July 19, 2007

Advance Remittance for imports of services

RBI/2008-09/ 158 ,A.P.(DIR Series) Circular No. 15, September 08, 2008

Attention of all Authorized Dealer Category – I (AD Category – I) banks is invited to paragraph 3 of A. P.(DIR Series) Circular No.65 dated January 6, 2003, in terms of which AD Category – I banks are required to obtain a guarantee from a bank of international repute situated outside India or a guarantee from an AD Category – I bank in India, if such a guarantee is issued against the counter guarantee of a bank of international repute situated outside India for advance remittances exceeding USD 100,000 or its equivalent for import of services into India.

Advance Remittance for imorts

Presently, an AD category – I bank is required to obtain unconditional, irrevocable standby Letter of Credit (LC) or guarantee from an international bank of repute situated outside India, or a guarantee of an AD Category – I bank in India, if such a guarantee is issued against the counter guarantee of an international bank of repute situated outside India, for an advance remittance exceeding US $ 1 ,00,000 or its equivalent for imports of goods into India.  With a view to liberalizing the procedure, RBI has enhanced the aforesaid limit of US $ 100,000 to US $ 200,000 or its equivalent, for importers (other than a Public Sector Company or a Department/Undertaking of Central/State Governments where the requirement of bank guarantee is to be specifically waived by the Ministry of Finance, Government of India for advance remittances exceeding US$ 100,000 or its equivalent). The said amendment has become effective from 29 April 2011.

RBI allows exporters to receive advance payment for export of goods which would take more than one year to manufacture and ship

RBI/2011-12/403 A.P. (DIR Series) Circular No.81 February 21, 2012

Export of Goods and Services – 
Receipt of advance payment for export of goodsInvolving shipment (manufacture and ship) beyond one year

Attention of Authorised Dealer Category – I (AD Category I) banks is invited to the sub-regulation (2) of Regulation 16 of the Foreign Exchange Management (Export of Goods and Services) Regulations, 2000, notified videNotification No.FEMA.23/RB-2000, dated 3rd May 2000, as amended from time to time, in terms of which prior approval of the Reserve Bank is required to be obtained by an exporter for receipt of advance where the export agreement provides for shipment of goods extending beyond the period of one year from the date of receipt of advance payment.

2. With a view to liberalizing the procedure, it has been decided to permit AD Category- I banks to allow exporters to receive advance payment for export of goods which would take more than one year to manufacture and ship andwhere the ‘export agreement’ provides for shipment of goods extending beyond the period of one year from the date of receipt of advance payment subject to the following conditions:-

Enhancement of limit for foreign remittances

RBI/2007-08/ 146 A. P. (DIR Series) Circular No.9     Dated: September 26, 2007

Liberalised Remittance Scheme for Resident Individuals- Enhancement of limit from USD 100,000 to USD 200,000

1. Attention of Authorised Dealer Category – I (AD Category – I) banks is invited to A. P. (DIR Series) Circular No. 51 dated May 8, 2007 on the Liberalised Remittance Scheme for Resident Individuals (the Scheme). 

2. With a view to further liberalize the Scheme it has been decided, in consultation with the Government of India, to enhance the existing limit of USD 100,000 per financial year to USD 200,000 per financial year (April – March) with immediate effect. Accordingly, AD Category – I banks may now allow remittance up to USD 200,000, per financial year, under the Scheme, for any permitted current or capital account transaction or a combination of both.

Release of Foreign Exchange for Visits Abroad – Currency Component

RBI/2009-10/446 A.P. (DIR Series) Circular No. 50 A.P. (FL Series) Circular No. 7, May 4, 2010

Release of Foreign Exchange for Visits Abroad – Currency Component

Attention of  Authorised Persons in foreign exchange is invited to A.P.(DIR Series) Circular No. 19 dated October 30, 2000 and A.P. (DIR Series) Circular No.11 [A.P. (F.L. Series) Circular No.1] dated November 13, 2001, in terms of which Authorised  Dealers and Full Fledged Money Changers are permitted to sell foreign exchange in the form of foreign currency notes and coins, up to USD 2,000 or its equivalent, to the travellers proceeding to countries other than Iraq, Libya, Islamic Republic of Iran, Russian Federation and other Republics of Commonwealth of Independent States. The existing limits have been reviewed and it has been decided to increase this ceiling, with immediate effect, to USD 3,000 (US Dollar Three thousand only) to the travellers proceeding to these countries, without the prior permission from the Reserve Bank. Authorised Dealers and Full Fledged Money Changers may accordingly sell foreign exchange in the form of foreign currency notes and coins, up to USD 3,000 or its equivalent, out of the overall foreign exchange released.

Increase in limit to USD 5000 for foreign exchange remittance towards imports without any documentation formalities

RBI/2011-12/404
A.P. (DIR Series) Circular No. 82

February 21, 2012

To

All Authorised Dealers in Foreign Exchange

Madam / Sir,

Release of Foreign Exchange for Imports – Further Liberalisation

Attention of all the Authorised Dealers (ADs) in foreign exchange is invited to the A.P.(DIR Series) Circular No. 106 dated June 19, 2003 in terms of which applications by persons, firms and companies for making payments, exceeding USD 500 or its equivalent towards imports into India must be made in Form A-1.

2. Based on suggestions received from the various stake holders, the said limit has been reviewed and it has been decided as a measure of liberalization to raise the above limit for foreign exchange remittance towards imports without any documentation formalities, from USD 500 or its equivalent to USD 5000 or its equivalent, with immediate effect.

3. It is clarified that the ADs need not obtain any document, including Form  A-1, except a simple letter from the applicant containing the basic information viz., the name and the address of the applicant, name and address of the beneficiary, amount to be remitted and the purpose of remittance, as long as the exchange being purchased is for a current account transaction (and is not  included in the Schedules I and II of the Foreign Exchange Management (Current Account Transactions) Rules, 2000 framed by Government of India vide Notification No. G.S.R.381 (E) dated May 3, 2000, as amended from time to time, the amount does not exceed USD 5000 or its equivalent and the payment is made by a cheque drawn on the applicant’s bank account or by a Demand Draft.