Usually you do not have to go to RBI for permission to open account in USA. Your Bank, the Authorised Dealer can open one for you abroad as per remittance limits allowed by RBI, but it has to be declared to RBI and you have to fill forms with your Bank.
For an account like this the W8BEN may have been correctly issued as he is making remittance to himself.
If your income is not taxable in USA on account of being non-resident, you issue W8BEN to payer. A resident payee in US issues the W8BEN only if he is claiming treaty benefits. In the case what we are discussing, US is entitled to 15% WT. That would be extinguishing his tax liability in USA and claiming relief in India.
If his payers have deducted USA WT then he has no problem. He only has to claim relief in India. Only for service tax in india, being resident he has to bring in his remittance and connect them with his recepient of services. He will have to provide his USA tax bank statements for payments received by him and he should immediately remit them to India so that he complies with condition of bringing remittance to India. The fact is the moment he rceives the payment himself in USA, he is liable to pay service tax unless the foreign exchange comes to India. The Service Tax exemption is centered around forex coming to India. He has to bring it and he cannot control the dates to his expediency. He has to follow laws here. I have attached the Form W8BEN. You can refer to IRS website for more if you are interested in studying his compliance with US Laws. While filling this form, he would normally sign as individual or as 'disregarded entity'. In USA proprietorship concerns and registered SINGLE OWNER LLCs are classified as disregarded entities (an entity disregarded as being separate from the individual for Tax Purposes).
PS: Resident Indian Can open an account in USA for convenience of collecting and clearing his checks in USA and transferring them to India. The US Banks do this for an initial deposit of $5000 to 10000 but you have to maintain minimum balance as per rules and they give you a VISA Debit card. To fund this initial deposit you will have to apply to your bank in India who has been given powers in the FEMA act to send your remittance for such opening of a/c. You will have to comply with procedures in India and you have to give this W8BEN in USA to the bank as you are not doing business from a PE in USA and your income is not deemed to accrue in USA. However for the Indo US Treaty, if any of your income is taxable in USA even without a PE, you have to file a return there and your income may suffer WT. If you are not taxable in USA and you suffered WT, you can file a return and claim refund. It is important that you follow rules at both jurisdiction. I have known Indian students who start a disregarded entity in USA and then open a proprietorship in India of same name. They really create complex problems for themselves usually by wrong beliefs. Therefore Ibrahimji has done nothing wrong and may not be in any violation. But that depends on his professional receipts in USA for his responsibility to comply with their laws especially since he opened account there. You should use non resident accounts in USA only if you are sure your income is not taxable in USA. Eg. is an exporter who supplies goods on principal to principal basis without presence in US. However Indian FEMA Act has to be complied with. You have the liberty to do many things these days but not freedom.A thin dividing line between the two.
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