(c)VISTA Chains Ltd., incorporated in 2012, is a large construction and engineering conglomerate. They are involved in nearly all heavy civil infrastructure. The Company wants to remit USD 8 million to a consultancy firm based in Germany for advisory services related to a new highway infrastructure project in India.
On the other hand, the company has taken consultancy services from Germany for upgradation of software on a different project for which it wants to remit USD 1.2 million. According to opinion of CFO, VISTA Chains Ltd. can freely remit USD 9.2 million (8 million + 1.2 million) without any kind of approval.
Decide with reference to provisions of the Foreign Exchange Management Act, 1999, whether opinion of Mr. CFO is correct or not? (4 Marks)
(c)As per Schedule III of the Foreign Exchange Management (Current Account Transactions) Rules, 2000, remittances by persons other than individuals shall require prior approval of the Reserve Bank of India (RBI) in the following cases- Remittances exceeding USD 10,000,000 per project for any consultancy services in respect of infrastructure projects and USD 1,000,000 per project, for other consultancy services procured from outside India.
In this scenario:
The proposed remittance of USD 8 million for consultancy on a highway infrastructure project is within the USD 10 million threshold. Therefore, VISTA Chains Ltd. can remit this amount without prior approval from the RBI.
The remittance of 1.2 million for software consultancy on a different project exceed USD 1 million threshold, so RBI approval is required for this transaction.
It is to be noted that the two remittances cannot be aggregated to determine compliance with the limits, because the prescribed limits operate per project and different limits apply depending upon whether the consultancy relates to an infrastructure project or other consultancy services. Thus, the CFO's view that the entire USD 9.2 million can be freely remitted without approval is incorrect.
Source: ICAI Suggested Answers, September 2026, 1(c) (New Scheme).