CA Final Student
1785 Points
Posted on 26 May 2010
Hi Garima!!!
As per Section 5, Any person may sell or draw foreign exchange to or from an authorised person if such a sale or drawal is a current account transaction. However, the central government in the public interest & in consultation with RBI may impose such reasonable restrictions as may be prescribed.
Current account transaction means a transaction which is not a capital transaction & includes -
1) Payment due in connection with foreign trade, other current business, services & short term banking & credit facilities in ordinary course of business.
2) Payment due as interest on loans & as net income from Investments.
3) Remittances for living expenses of parents, spouse and children residing abroad &
4) expenses in connection with foreign travel, education and medical care of parents, spouse and children;
Paymen to foreign company for marketing & promotion is made in connetion with business. Hence it falls under the current account transactions. Hence it is freely permissible under FEMA.
NOTE: The Answer is as per my understanding of the section. Please correct me if i am wrong.
Regards
Rahul Gupta