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30% crypto tax becomes law in India following Finance Bill approval

India’s new crypto tax policy is based on its gambling and lottery ticket win tax rules, that is set to come into effect from April 1.

The Indian Finance Bill 2022 with new 30% crypto tax rules was approved by the Rajya Sabha, the upper house of the Indian parliament, to make it a law today that will come into effect starting on April 1.

The approval of the bill by the upper house of the parliament comes within a week of the lower house (Lok Sabha) approval.

The Finance Bill was introduced during the budget session 2022-23 of the parliament in January. The Finance Bill amended tax rules to impose a 30% crypto tax on digital asset holdings and transfers. Apart from that, traders cannot offset their losses against profits and each trading pair will be considered independently for the tax deduction.

If 30% tax was not regressive enough, the government also imposed a 1% tax deduction at source (TDS) on each trade, claiming it would help them track the movement of funds. However, exchange operators have warned that the 1% TDS would dry up liquidity.

Related: Taxman: India’s new tax policies could prove fatal for crypto industry

The infamous bill has been scrutinized by various experts, traders and exchange operators alike. However, the government decided to carry forward with its regressive approach without taking input from the stakeholders of the crypto ecosystem.

Another reason for outrage from the crypto community is the fact that the new crypto tax has been heavily inspired by countries' gambling and horse betting tax rules. This signifies that the Indian government likens the crypto market to gambling.

The new crypto tax policy in India was finalized and approved within two months, while the Finance Ministry is yet to offer a regulatory framework around the nascent market despite years of assurance. Many crypto entrepreneurs in the country believe it would lead to a brain drain of talent and traders would eventually turn to decentralized exchanges and foreign platforms to conduct their crypto trade.

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Indian taxman recovers $6.62M from WazirX for evading tax on commission

Government officials from CGST Mumbai Zone recovered the funds from crypto exchange WazirX after detecting a GST evasion of $5.43 million on trade commissions.

Indian crypto exchange WazirX has reportedly paid over $6.6 million (49.2 crore rupees) following non-payment of Goods and Services Tax (GST) on trade commissions. The total recovery includes the pending tax of $5.43 million (40.5 crore rupees), the interest and a penalty for non-payment.

Government officials from the Central GST and Central Excise committee (CGST Mumbai Zone) recovered the funds from the crypto exchange after detecting a GST evasion of $5.43 million on the commissions. A typical GST fraud involves creating fake invoices without actually moving the goods between the seller and the buyer.

According to local media Economic Times, the tax department detected that WazirX uses its in-house WRX tokens for commissions, which were distributed by Zanmai Labs. Further investigation revealed that the crypto exchange missed out on paying 18% tax on the total tokens issued based on its market price.

The investigators revealed that WazirX paid GST on the 0.2% commission it charges users for making trades with local currency i.e. the rupee, clarifying:

“But in cases where the trader opts for transaction in WRX coins, the commission charged is 0.1% of trading volume and they were not paying GST on this commission.”

It is also important to note that WazirX and WRX tokens are owned by Binance, the world’s biggest crypto exchange in terms of the trading volume. According to a Zanmai Labs spokesperson, the non-payment of tax was related to the misinterpretation of GST rules:

“We voluntarily paid additional GST in order to be cooperative and compliant. There was and is no intention to evade tax.”

WazirX CEO Nischal Shetty previously told Cointelegraph about the importance of regulatory clarity for retail adoption. He also warned that an overnight regulation may harm the progress of the crypto ecosystem and leave open loopholes for bad actors:

“There is a $2.5-trillion market out there, and it is not going to wait for any nation to come on board. I’ve been tweeting ‘#IndiaWantsCrypto’ for over 1,000 days with the sole objective of having crypto regulation in India.”

While the concept of GST is fairly new in the region, the government of India has previously agreed to show leniency to defaulters and fraudsters — typically settling such cases with a monetary penalty and a lower probability of jail time. 

WazirX has not yet responded to Cointelegraph’s request for comment.

Related: Indian trade group recommends ‘special class security’ status for crypto

In an attempt to help the Indian government decide crypto laws, the Confederation of Indian Industries (CII) proposed to treat cryptocurrencies as securities of a special class.

A report released by the non-government trade association showed the CII proposes to formulate new regulations around the nascent crypto market instead of regulating them under existing securities law.

As Cointelegraph reported, the CII recommended a special provision of income tax and GST laws, which will treat cryptocurrencies as an asset class for tax purposes unless specifically treated as “stock in trade“ by a participant.

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Indian police commissioner issues a public warning against crypto frauds

On behalf of the Hyderabad City Police, Addl. Commissioner Shikha Goel asked Indian citizens to invest in crypto only through reputed and long-established players in this field.

Goel highlighted the various methods that are actively being used by fraudsters to dupe investors such as lucrative investment opportunities, illegitimate bank transfers and cryptocurrencies. Acknowledging the growth of Indian crypto users, Goel added:

“They [fraudsters] ask you to share your cryptocurrency details. And once you put it in your wallet, then the money is taken away.”

After simplifying the elaborate fraud in a sentence, Goel also highlighted that sixteen such cases have been registered involving cryptocurrencies.

The Additional Commissioner of Police Shikha Goel warned Indian citizens about the rise in cybercrime in an event hosted by the city police of Hyderabad, India, suggesting not to transfer cryptocurrencies to unauthorized private wallets.

As a fair warning to the Indian crypto investors, the commissioner said:

“If you are going to be using or investing in cryptocurrency, please go only to the reputed and long-established players in this field.”

Speaking to local news The Hindu, Goel revealed that 14 out of the 16 crypto fraud cases were directly related to investment and trading. Typically, the fraudsters convince the victims to transfer their newly purchased cryptocurrencies for higher profits, which according to Goel:

“People have been cheated of 3.45 crore rupees (roughly $458,000) in their greed for higher returns against investment in cryptocurrency.”

“Once you get cheated, it is a dead-end. Virtual money can never be traced back and returned to the original owner,” she concluded.

Related: Indian state government to accredit Web 2.0 and Web 3.0 blockchain startups

The state government of Telangana also leads India’s blockchain efforts as it launches India Blockchain Accelerator program to foster early-stage Web 2.0 and Web 3.0 startups and blockchain developers.

Speaking to Cointelegraph, Rama Devi Lanka, Telangana government’s director of emerging technology, shared her interest to use blockchain technology for solving real-world problems, adding:

“The Telangana government will help provide the required regulatory framework to enable and promote blockchain growth.”

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Singaporean crypto exchange enters India amid regulatory uncertainty

Singapore's Coinstore crypto exchange has allotted $20 million for opening up three new offices in the Indian market.

Despite India’s unpredictive stance towards crypto regulations, Singaporean crypto exchange Coinstore has allocated a $20 million fund to set up three new offices in the Indian cities of Bangalore, Delhi and Mumbai.

Coinstore announced to launch its web and app platform in India for spot and futures trading, opening up a new crypto investment avenue for Indian investors. The platform mandates Know Your Customer verification before allowing users to purchase and sell over 50 cryptocurrencies.

Citing Coinstore’s goal to simplify crypto adoption and trading experience, co-founder Jennifer Lu said:

“We are truly excited to have launched our app in India, with over 20% of our active users from India, we decided to start local operations to fully support our Indian users.”

Complimenting the plan to set up offices in India, Coinstore has also announced 100 immediate local openings for customer support, marketing and operations division. According to Lu:

“The $20 million fund allocated for India expansion will be utilized mainly for marketing, hiring talent, and development of crypto-related products & services for the Indian market.”

Related: Crypto prices in India tumble after crypto bill announced

The Indian parliament announced it would introduce 26 new bills in the Winter Session, which included a crypto bill that aims to ban private cryptocurrencies while creating an official digital currency.

While the bill is yet to clarify the meaning of the word “private”, the announcement sparked a temporary panic selling phase on the WazirX crypto exchange. As a result of the massive sell-off, the Bitcoin (BTC) price dropped 14.8% locally on the exchange within two hours.

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Crypto prices in India tumble after crypto bill announced

The token prices on the Indian crypto exchange WazirX crashed following the announcement of a bill that would ban all private crypto.

Regulatory discussions in India around a crypto ban caused panic selling on major crypto exchange WazirX, resulting in massive price drop on leading cryptocurrencies including Bitcoin (BTC) and Ether (ETH). 

Crypto prices in India crashed soon after the parliament announced to introduce and list 26 new bills in the Winter Session, which included the Cryptocurrency and Regulation of Official Digital Currency Bill, 2021. As Cointelegraph reported, the bill seeks a legislative vote on creating an official digital currency while imposing a ban on “all private cryptocurrencies,” starting Nov. 29.

A mass sell-off on WazirX in the morning of Nov. 24 at 3:30 a.m. UTC tanked the price of Bitcoin from nearly Rs. 4,600,000 ($61,820.73) to Rs. 3,917,659 ($52,650.55), a drop of –14.8% within two hours. Similarly, other popular tokens including Ether and Cardano (ADA) experienced double-digit price depreciation locally on the exchange.

Bitcoin price crash on WazirX. Source: WazirX

Speaking to Cointelegraph, WazirX CEO Nischal Shetty highlighted that the Indian crypto market usually trades at a premium compared to the global market:

“This event of panic selling has led the Indian market to correct and the prices to reach the global level.”

Shetty also pointed out the various use cases of cryptocurrencies as an asset or utility and quoted the former Finance Secretary of India Subhash Chandra Garg’s suggestion that “there should be a prohibition on the ‘currency’ use case of crypto,” if any.

Jay Hao, CEO of crypto exchange OKEx, told Cointelegraph about the need for a nuanced approach towards regulating crypto assets in India:

“India is home to the highest number of crypto owners in the world and the onus lies on the government to protect the interest of a large number of crypto investors in the country.”

Commenting on India's crypto ban, BTC Markets CEO Caroline Bowler said, “This ban won’t work in the long-term and would be a step backwards,” adding that “banning is not an option to protect investor interest.” Bowler stated:

“The thing with cryptocurrency is that while governments may try to ban it or try to contain it, the very decentralised nature of the technology somewhat prohibits that.”

As a final word of advice to the Indian inventors, Shetty believes in the need to have faith in our lawmakers. “Let’s not panic,” he concluded.

Related: Right-wing Indian group calls for stricter crypto regulations

This comes after a parliamentary panel discussion on cryptocurrency on Nov. 15, where a plurality of regulators concl that, although crypto can’t be stopped, it should be regulated more heavily.

In August, a representative from the Reserve Bank of India said that it planned to commence preliminary trials for a central bank digital currency before the end of 2021. India is currently one of the largest markets in the world, with over 20 million crypto investors.

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India’s top payment firm Paytm reportedly considers Bitcoin services

In India, the regulatory environment surrounding Bitcoin is still in a "grey area."

Paytm, India's leading digital payments company, said Thursday that it would consider Bitcoin services if the country's regulatory framework for cryptocurrencies was more definite.

Speaking to Haslinda Amin and Rishaad Salamat during an interview on Bloomberg TV, Paytm's chief financial officer Madhur Deora stated that the rules surrounding Bitcoin (BTC) remain in a “grey area” in India.

“Bitcoin is still in a regulatory grey area if not a regulatory ban in India. [...] At the moment Paytm does not do Bitcoin. If it was ever to become fully legal in the country then clearly there could be offerings we could launch.”

The Reserve Bank of India (RBI) had initially prohibited cryptocurrencies, but the decision was reversed by India's Supreme Court in March 2020. Since then, there has been little in the way of concrete action from either the government or the RBI regarding cryptocurrency regulations.

Even though the government has considered crypto legislation, the RBI has steadfastly opposed it and is still pushing for a ban. As reported by Cointelegraph, Nirmala Sitharam, the country's finance minister, said that while the government is "not against cryptocurrencies," it will look at how they might assist India's financial technology sector.

Deora's remarks come as Paytm prepares for its initial public offering, which is expected to occur in mid-November and will value at $2.5 billion. According to reports, the IPO is set to become India's biggest ever capital market debut.

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