Taxation Of Cryptocurrencies In India: Legal Challenges Under The Income Tax Act And GST
- IJLLR Journal
- Sep 3
- 1 min read
Sanjam Sant Pal Singh Sidhu, BBA LLB, Jindal Global Law School
ABSTRACT
Taxes on cryptocurrencies in India present a unique set of problems at the intersection of income tax and indirect tax regimes. Since the Finance Act, 2022, added Sections 115BBH and 194S to the Income Tax Act, virtual digital assets (VDAs) have been subjected to a flat 30% tax, 1% TDS on transactions, and disallowance of set-off of loss. While this regime is a policy preference towards revenue extraction and deterrence, it disproportionately affects retail investors and constrains market growth. Indirect taxation-wise, the absence of explicit classification of cryptocurrencies under the CGST Act as goods, services, or actionable claims has created huge uncertainty, particularly in cross-border, peer-to-peer, and barter transactions involving NFTs. Drawing upon doctrinal analysis and comparative experience from the United States, United Kingdom, and Singapore, this paper highlights how India's tax treatment deviates from global best practices in favour of punitive compliance over facilitative regulation. The paper argues that the current regime poses a risk of violating constitutional principles of proportionality and equality under tax law. The paper concludes with suggested reforms, including the creation of a single digital asset tax code, reconsideration of the 30% levy as a capital gains-based regime, permitting loss offsets, and issuance of a GST notification following Singapore's exemption of digital tokens. In the process, the paper contributes to the broader discourse on striking a balance between tax certainty and innovation in India's emerging digital economy.
