oppn parties Crypto: Tax Levied But Status Remains Grey

News Snippets

  • The home ministry has notified 50% constable-level jobs in BSF for direct recruitment for ex-Agniveers
  • Supreme Court said that if an accused or even a convict obtains a NOC from the concerned court with the rider that permission would be needed to go abroad, the government cannot obstruct renewal of their passport
  • Supreme Court said that criminal record and gravity of offence play a big part in bail decisions while quashing the bail of 5 habitual offenders
  • PM Modi visits Bengal, fails to holds a rally in Matua heartland of Nadia after dense fog prevents landing of his helicopter but addresses the crowd virtually from Kolkata aiprort
  • Government firm on sim-linking for web access to messaging apps, but may increase the auto logout time from 6 hours to 12-18 hours
  • Mizoram-New Delhi Rajdhani Express hits an elephant herd in Assam, killing seven elephants including four calves
  • Indian women take on Sri Lanka is the first match of the T20 series at Visakhapatnam today
  • U19 Asia Cup: India take on Pakistan today for the crown
  • In a surprisng move, the selectors dropped Shubman Gill from the T20 World Cup squad and made Axar Patel the vice-captain. Jitesh Sharma was also dropped to make way for Ishan Kishan as he was performing well and Rinku Singh earned a spot for his finishing abilities
  • Opposition parties, chiefly the Congress and TMC, say that changing the name of the rural employment guarantee scheme is an insult to the memory of Mahatma Gandhi
  • Commerce secreatary Rajesh Agarwal said that the latest data shows that exporters are diversifying
  • Finance Minister Nirmala Sitharaman said that if India were a 'dead economy' as claimed by opposition parties, India's rating would not have been upgraded
  • The Insurance Bill, to be tabled in Parliament, will give more teeth to the regulator and allow 100% FDI
  • Nitin Nabin took charge as the national working president of the BJP
  • Division in opposition ranks as J&K chief minister Omar Abdullah distances the INDIA bloc from vote chori and SIR pitch of the Congress
U19 World Cup - Pakistan thrash India by 192 runs ////// Shubman Gill dropped from T20 World Cup squad, Axar Patel replaces him as vice-captain
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.