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Foreign Exchange Management Act 1999 SPOM Question for Set A Law 30 Most Important Question for Last Day Revision

Important Question

Sr No.QuestionsAnswers
1P&I club threshold limit exceeded – Permission from which authority?Ministry of Finance (Insurance Division)
2Container Detention Charges exceeded – Permission from which authority?Ministry of Surface Transport (Director General of
Shipping)
3Time taken by AA to dispose complaint from the date of receiptwithin 1 year
4Mr. Narayana, residing in Australia, wants to purchase a duplex house in India and transferred the required amount to a partnership firm to facilitate the
purchase.
Mr. Narayana must obtain prior approval from the Reserve Bank of India (RBI) for transferring funds
to a partnership firm.
5Limit for LRS+CAT$2,50,000
6Mr. X, a non-resident residing in America, purchased properties in America. He has now come to India and wants to settle here. He intends to sell the properties in America and invest the proceeds in foreign securities.Mr. X must obtain permission from the Reserve Bank of India (RBI) for repatriating the sale proceeds and investing in foreign securities
7Time limit of returning unused forex to Governmentupto $2000: No time limit
above $2000: 180 days
8John, a foreign national, has come to India on a work visa for a job with a multinational company. He earns a monthly salary of USD 3,000. During his stay, John wishes to remit a portion of his earnings back to his home country to support his family. He wants to ensure that the remittance does not exceed the regulatory limits set by the Foreign Exchange Management Act (FEMA) without requiring special permissions. For the purpose of this case study, the exchange rate is 1 USD = 81.3333 INR.John to remit his salary without requiring special permission, the maximum amount is set at INR 244,000.
& Since INR 243,990 is slightly below the limit of INR 244,000, John can remit his entire monthly salary of USD 3,000 without requiring special permission from the authorities.
9Commission to agent O/s india for sale of residential plot in India5% or $25000
10ABC Ltd. is planning to pay a commission to an agent abroad for facilitating an export transaction
What is the maximum commission ABC Ltd. can pay if the inward remittance
is USD 10,00,000?
USD 50,000
11Whether an Indian company can purchase residential property abroad and whether the indian company can purchase office abroad? If yes, then with
/without permission of RBI.
Yes, without permission of RBI
12Donation of Rs. 10 lakh by a person working abroad from his own personal savings to his college in india in which he has studied, in the college aluminiIf he has indian citizenship (NRI) then not considered as FC
otherwise treat as FC
13Case Study:ABC Ltd. has earned a commission from the sale of real estate property to a foreign entity.
Question:Is the commission earned from the sale of real estate to a foreign
entity subject to FEMA regulations?
Yes
14A person resident outside India wishes to invest in real estate in India. What are the limits and prior approvals required as per FEMA regulations?Prior approval from the Reserve Bank of India (RBI)
15Can PRI invest in foreign company whose biz is real estate of construction &
leasing residential complex
Prohibited.
Require prior permission of RBI
161) MAMP of ECB raised by manufacturing Co for working Capital purpose of USD 55 millionNormally: 3 years
Manufacturing Co less than $50M : 1 year Taken for WC purpose: 10 year
So, MAMP = 10 years
173) whether ruppee ECB used for repayment of loan taken in IndiaPermitted but refinancing not allowed
184) Whether ECB permitted for buying land or engaging in real estate activities in India? If permitted, what is the Minimum Average Maturity Period
(MAMP)?
ECB is not permitted for buying land or real estate activities.
192) eligible amt of ECB loan$750M
20Mr. X sent through authorised dealer $2,80,000 to his daughter for study. College fee is $1,00,000 w/o approval under LRS scheme. Did Mr. X contravene $250000 FEMA rule, if yes then penalty?Yes & penalty up to three times the sum involved in contravention, where such amount is up to Rs. 2,00,000
Penalty: ₹2,00,000
21Domestic company purchase commercial or residencial building required
permission of whom?
RBI
22MAMP for ECB raised upto 300 crore for the purchase of P&M?7 years
23Estimated foreign education fee- $200000 Send for personal expense – $60000
Need to guide the sender the limits under FEMA, 1999 under Schedule 3
invalid as , limit under Schedule 3 funder LRS is
_ 250000 and and hence contravention of act and penalty ₹200000
24Whether Foreign Office controlled by PRI is PRI/PROI or
Mr. Harsh, residing in India, established ABC Limited and later opened a branch in Australia named AUS for warehousing purposes, controlled by him.
What is the residential status of AUS?
PRI
25Whether foreign citizen & Indian citizen can purchase residential house in
abroad without permission of RBI if they both are non residents?
Yes
26ODI to be made from which channel?Bank and Financial Institutions
275) What exchange rate to be used to convert FCY ECB into INR ECBat rate prevailing on date of agreement for such change or at a rate less (not more) than that prevailing rate if agreed by lender
28Aprroval from which ministry req in case of remitance of prize
money/sponsorship
Human Resources Department (Department of
Youth Affairs & Sports)
29A person has come to India for a job. As per FEMA regulations, what is the
maximum amount he can export without permission?
INR 2,50,000
30While importing any product, what is the maximum time limit for making
payment without interest? .
3 years.
31Sponsorship of Sports activity limit and approval$100000 – Human Resources Department (Department of Youth Affairs & Sports)
32XYZ Ltd. has contravened the foreign exchange limit by making a payment of USD 3 lakhs without proper authorization under FEMA.
Question:
What is the penalty for contravention of the foreign exchange limit under FEMA?
penalty up to three times the sum involved in contravention, where such amount is up to Rs. 2,00,000
Penalty: ₹2,00,000

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