Foreign Currency – Section 2(47) | Income-tax Act, 2025 vs 1961
Foreign currency
Has the same meaning as assigned to it in section 2(m) of the Foreign Exchange Management Act, 1999. Accordingly, "foreign currency" means any currency other than Indian currency — that is, any currency other than currency expressed or drawn in Indian rupees.
- Existed in the 1961 Act via Explanation to Section 2(47A) — the 2025 Act elevates it to a standalone Section 2 definition; both Acts cross-refer to Section 2(m) of FEMA, 1999
- Relevant for forex gain/loss computations on capital assets and transfer pricing
- FEMA definition ensures alignment with the RBI-regulated foreign exchange framework
Gains on foreign currency fluctuations on capital assets are treated as capital gains — not business income, unless you're in the forex trading business.
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