The Act defines the term 'current account transaction'
as a transaction other than a capital account transaction and without
prejudice to the generality of the foregoing such transaction includes,
- Payments due in connection with
- Foreign trade,
- Other current business
- Services, and
- Short-term banking and credit facilities in the
ordinary course of business;
- Payments due as
- Interest on loans and
- Net income from investments,
- Remittances for living expenses of parents, spouse and
children residing abroad, and
- Expenses in connection with
- Foreign travel,
- Education and
- Medical care of parents, spouse and children.
In the above definition, the words “without prejudice
to the generality of the foregoing such transaction includes” imply
that even if the transactions listed above may fit into the definition
of capital account transactions, such transactions shall be treated current
account transactions. For example, resident of India imports goods from
outside India on a short term credit (for a period of less than 6 months),
he is creating a liability outside India and thus, it can be treated a
capital account transaction but, it is specifically included in the above
definition as a current account transaction.
As a general rule, any person may sell or draw foreign
exchange if such sale or drawal is a current account transaction. Under
the Act, Central Government may, in public interest and in consultation
with the Reserve Bank, impose such reasonable restrictions for current
account transactions as may be prescribed. Accordingly, the Central Government
has issued the Foreign
Exchange Management (Current Account Transaction) Rules, 2000. It
contains the list of current account transactions for which drawal of
foreign exchange is:-
- Totally prohibited;
- Permitted, subject to the prior approval of concerned
Ministry, Central Government;
- Permitted, subject to prior approval of the Reserve
Bank of India;
- No restrictions or limits are applicable for undertaking
the transactions that are not covered by the above rules and the authorized
dealers are free to release foreign exchange upon the satisfaction that
the transactions will not involve and is not designed
for the purpose of, violation of the Act, or any rules, regulations
made thereunder.
In today's changed scenario, Indian rupee has become fully
convertible so far as current account transactions are concerned. This
implies that foreign exchange is freely available to the residents for
remittance on account of current account transactions for the various
purposes like foreign travel, foreign education, and medical treatment
abroad etc. The non residents are also freely allowed to remit outside
India the income or capital gain generated in India. But, even today,
the Indian rupee, in respect of capital account transactions, is not fully
convertible.