It & fema rules

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We are an importing company based in India. We have a branch office in Singapore. All our purchases are made from Indian head office. But all sales invoices are made from our singapore branch. So all the payments from our debtors gets collected in Singapore. we have to make payments to our creditors from Indian Head office. 

 

I want to know whether we can transfer the funds collected from our debtos in Singapore to our Indian Head office to enable us to make payemnt to our creditos. Is this a violation according to IT or FEMA rules? Please advice.

Replies (4)

I think there is no such voilation either in It and FEMA As well but u have to ensure that TAX implication in India as well as In Singapore. Altough its is daily business transaction almost for all the companies having branches outside india....So dont worry about the Violation.... 

Hovever u might violet the provisions of the FEMA ,...if u dont get back the foreign relised in Sigapore ...Bcs as per FEma section 2(y) and 8 - it required that when a Person Resident of India has due any amount in foreign currency he shall required to ge Repatriate the foreign curreny to india.....  

I hope the money bought into India is not taxable under IT (in India) as the whole amount is sales proceeds and not profit.

Yes as per fema i think within 6 months i have to get the money back into India that is owed by my Singapore branch.

Where can i read the FEMA rules relating to my query?

Go to this link https://finmin.nic.in/the_ministry/dept_eco_affairs/capital_market_div/FEMA_act_1999.pdf


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