CA Final Student
1785 Points
Joined February 2008
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