NRI Commodities Trading Profit/Loss?

Question

If a NRI is trading commodities on Indian echanges, is it possible to suppliment losses with transfers of capital from US accounts? Is it possible to transfer profits on such trading from Indian clearing account back to US account?

Answer 1

In my view, trading commodities on Indian Exchange amounts to speculative trade within the meaning of Section 43(5) of the I T Act.

As per the provision of the I T Act, income of an NRI arisen or received or deemed to be received or accrued or deemed to accrue in INDIA is only taxable . Thus the taxman here will not take into account your losses incurred outside India for computing profit or loss out of transaction in India.

However, you can get benefit of Double Taxation Avoidance Agreement between India and your country(which you have not indicated) according to which there are provision of some relief of tax paid in another country.

As far as repatriation of the profits on account of such trade is concerned ,the question relates to FEMA (Foreign Exchange Management Act) . As per the provision of the FEMA , an NRI can repatriate the profit out of commodities business through NRE or NRO account opened in an Indian bank

Answer 2

The following circular from RBI prohibits repatriation benefits to NRI, meaning that free flow of capital from overseas to India and vice versa is not permitted. I am ascertaining the latest position and will let you know:
http://www.rbi.org.in/scripts/NotificationUser.aspx?Mode=0&Id=1324

Answer 3

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