oppn parties Crypto: Tax Levied But Status Remains Grey

News Snippets

  • The Indian envoy in Bangladesh was summoned by the country's government over the breach in the Bangladesh mission in Agartala
  • Bank account to soon have 4 nominees each
  • TMC and SP stayed away from the INDIA bloc protest over the Adani issue in the Lok Sabha
  • Delhi HC stops the police from arresting Nadeem Khan over a viral video which the police claimed promoted 'enmity'. Court says 'India's harmony not so fragile'
  • Trafiksol asked to refund IPO money by Sebi on account of alleged fraud
  • Re goes down to 84.76 against the USD but ends flat after RBI intervenes
  • Sin goods like tobacco, cigarettes and soft drinks likely to face 35% GST in the post-compensation cess era
  • Bank credit growth slows to 11% (20.6% last year) with retail oans also showing a slowdown
  • Stock markets continue their winning streak on Tuesday: Sensex jumps 597 points to 80845 and Nifty gains 181 points to 24457
  • Asian junior hockey: Defending champions India enter the finals by beating Malaysia 3-1, to play Pakistan for the title
  • Chess World title match: Ding Liren salvages a sraw in the 7th game which he almost lost
  • Experts speculate whether Ding Liren wants the world title match against D Gukesh to go into tie-break after he let off Gukesh easily in the 5th game
  • Tata Memorial Hospital and AIIMS have severely criticized former cricketer and Congress leader Navjot Singh Sidhu for claiming that his wife fought back cancer with home remedies like haldi, garlic and neem. The hospitals warned the public for not going for such unproven remedies and not delaying treatment as it could prove fatal
  • 3 persons died and scores of policemen wer injured when a survey of a mosque in Sambhal near Bareilly in UP turned violent
  • Bangladesh to review power pacts with Indian companies, including those of the Adani group
D Gukesh is the new chess world champion at 18, the first teen to wear the crown. Capitalizes on an error by Ding Liren to snatch the crown by winning the final game g
oppn parties
Crypto: Tax Levied But Status Remains Grey

By Linus Garg
First publised on 2022-02-02 07:15:00

About the Author

Sunil Garodia Linus tackles things head-on. He takes sides in his analysis and it fits excellently with our editorial policy. No 'maybe's' and 'allegedly' for him, only things in black and white.

The Union Budget 2022 has showed a peculiar ambivalence towards cryptocurrencies and non-fungible tokens (NFTs). On the one hand, it has sought to levy a 30% tax on gains arising out of sale or transfer of crypto assets without allowing any deductions on the transactions and has also levied a 1% TDS on payouts from crypto platforms, it has not spelled out the legal status of crypto transactions, thereby keeping lakhs of investors in India on the tenterhooks. It has also provided that losses arising out of crypto transactions will be allowed to be set off from income from these assets only and not from any other income.

Although it is a settled principle of law that the legal status of an income earned does not have a bearing on its taxability, still when an emerging technology is being used to trade in something that remains illegal till a law is made to decide its position and since lakhs of tech-savvy investors are transacting on crypto platforms daily, it was needed that the legal position of crypto should have been addressed, more so as the government has held meetings with stakeholders and has applied its mind to it.

With the announcement that the RBI will use blockchain technology to come up with an official digital currency in the next financial year it can be treated as a pointer that all other forms of crypto will cease to be recognized as legal tender in India. But that will not prevent them from being treated as crypto assets. Perhaps the government is moving in that direction. It will most likely treat crypto as a class of assets and not as currency.

Hence, it is imperative that either before, or simultaneously with the announcement of the RBI digital currency, the government must come out with a comprehensive crypto bill that would spell out the legal status of all private crypto transactions. People are not worried about the tax on gains (although it might pinch). They are more worried about the status of their investments. Hence, the earlier the government clears this issue the better for the lakhs of investors.