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FEMA Compliance

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FEMA Compliance

The Foreign Exchange Management Act, 1999 (FEMA) is an Act of the Parliament of India “to consolidate and amend the law relating to foreign exchange with the objective of facilitating external trade and payments and for promoting the orderly development and maintenance of foreign exchange market in India”. It was passed in the winter session of Parliament in 1999, replacing the Foreign Exchange Regulation Act (FERA). FEMA Compliance is required to do any foreign exchange transaction in India. Non compliance under FEMA may lead to compounding under FEMA. It extends to the whole of India, replacing FERA, which had become incompatible with the pro-liberalisation policies of the Government of India. It enabled a new foreign exchange management regime consistent with the emerging framework of the World Trade Organisation (WTO). It also paved the way for the introduction of the Prevention of Money Laundering Act, 2002, which came into effect from 1 July 2005.

Activities Under FEMA

  • Activities such as payments made to any person outside India or receipts from them, along with the deals in foreign exchange and foreign security is restricted. It is FEMA that gives the central government the power to impose the restrictions.
  • Without general or specific permission of the MA restricts the transactions involving foreign exchange or foreign security and payments from outside the country to India – the transactions should be made only through an authorised person.
  • Deals in foreign exchange under the current account by an authorised person can be restricted by the Central Government, based on public interest generally.
  • Although selling or drawing of foreign exchange is done through an authorized person, the RBI is empowered by this Act to subject the capital account transactions to a number of restrictions.
  • Residents of India will be permitted to carry out transactions in foreign exchange, foreign security or to own or hold immovable property abroad if the currency, security or property was owned or acquired when he/she was living outside India, or when it was inherited by him/her from someone living outside India.

Rules and Regulation Under FEMA

  • Foreign Exchange Management (Current Account Transactions) Rule, 2000
  • Foreign Exchange Management (Permissible Capital Account Transactions) Regulations, 2000
  • Foreign Exchange Management (Transfer or Issue of any Foreign Security) regulations, 2004
  • Foreign Exchange Management (Foreign currency accounts by a person resident in India)Regulations, 2000
  • Foreign Exchange Management (Acquisition and transfer of immovable property in India) regulations, 2000
  • Foreign Exchange Management (Establishment in India of branch or office or other place of business) regulations, 2000
  • Foreign Exchange Management (Manner of Receipt and Payment) Regulations, 2000
  • Foreign Exchange Management (Export of Goods and Services) regulations, 2000
  • Foreign Exchange Management (Realisation, repatriation and surrender of Foreign Exchange)regulations, 2000
  • Foreign Exchange Management (Possession and Retention of Foreign Currency) Regulations, 2000
  • Foreign Exchange (g proceedings) rules, 2000

Why We?

We at Chartered Accountant India advise our client how to handle your affairs with regard to any foreign exchange transactions in India for all your inflow and outflow. If you are looking for FEMA Advisory and compliance services, then feel free to contact us. We will be happy to help you.

CLIENT TESTIMONIALS

Rohit Ohri

“Keeping up with the constant changes in the legal and taxation environment is becoming harder by the day. People with busy work lives, like myself, find doing this enormously challenging. Thanks to the super dynamic team at DSRV and Co LLP, Chartered Accountants that all my tax returns were filed smoothly. I don’t have to worry about the timely and correct filing of tax returns, investment planning, digital compliances, representations, etc. I am glad to have hired a competent team of professionals and I am completely satisfied with their services.”

Satya Bonala

“Partnering with DSRV and Co. LLP, Chartered Accountants for all our monthly financial compliances and other tax related issues has been immensely beneficial from the perspective of Vox Populi Research. Their quality of work is highly professional with a proactive approach. We can always count on them for all our accounting and taxation needs without worrying about the deadlines. We have been working with them since the inception of Vox in 2008 and we never had to look back at this relationship. Not only on regular matters, they have also given us very sound guidance, counsel and options when we have had service tax issues with the dept. (which have since been resolved by the dept. to our satisfaction). We truly value this partnership with DSRV and look forward to working with them for a very long time to come.”

Mahesh Pahwa

“We are pleased to confirm that we have been working with DSRV and CO. LLP, Chartered Accountants for more than two decades. Their invaluable tax advisory & support services has helped our WELCO group grow manifold. They have extensive knowledge about all Indian tax matters and act in the best interest of business.

Over the years a healthy business relationship has been built , which is based on trust, reliability and timely service

Based on our satisfaction of services provided ,we are of the opinion that it is one of the best CA firms in Gurgaon.”

Vinod Kapur

“I sincerely thank DSRV and Co. LLP, Chartered Accountants for their valuable insights and customised handling of our tax compliances including matters relating to International Tax, transfer pricing etc. Your active assistance in handling tax litigation procedures has helped us immensely. You entertain the requirements of the direct & indirect taxes in a personalised & efficient way.. Your wide coverage of the Income Tax & Goods and Services Tax helps your clients, not only to avoid but to prevent any future litigations most effectively.

I extend best wishes to you and your team particularly Mr Utkarsh and am sure your firm will touch new heights in upkeeping professional demands of the CA profession in coming times.”

Pramod Bhambani

“I am happy to provide you with my feedback on my experience of dealing with your firm on Personal and family tax services including planning, advisory on domestic and overseas investments. The services have been appreciated and very valuable indeed.

“I have been dealing with DSRV and Co. LLP, Chartered Accountants since last more than 16 years. The dealings have been very professional and advise is always customised based on their extensive knowledge with regards to domestic tax, International Tax, FEMA regulations etc. In my over 16 years of experience of them managing my and my family tax returns I have always found them to be a very reliable partner. I would have no hesitation to recommend DSRV and Co. LLP for all matters related to Personal Tax Advisory and Consultancy services.”

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