Indian Supreme Court Confirms New Date for Crypto Case

During the hearing on Friday, India’s supreme court was expected to hear about the country’s crypto regulation from the government as well as address the petitions against the banking restriction by the central bank, the Reserve Bank of India (RBI). However, the courtadjourned without much progress on either matter.

News.Bitcoin.com talked to lawyer Jaideep Reddy on Tuesday who was at the hearing about what actually happened. He represents the Internet and Mobile Association of India (IAMAI), on behalf of Nishith Desai Associates, in its writ petition against the RBI ban.

Indian Supreme Court Confirms New Date for Crypto Case

“The matter started with a counsel for the respondents asking for a passover of the matter (i.e., for the matter to be heard at the end of the list for the day). However, the Bench stated that the matter should be heard and that a passover would not be entertained,” Reddy explained. “The respondents are both the government and the RBI, among others,” he clarified. Regarding the banking restriction, he detailed:

Mr. Gopal Subramanium, Senior Advocate for IAMAI, stated to the Bench that this is a matter of high importance and should be heard at length. The counsel for the respondents then asked for the matter to be heard on a non-miscellaneous day … The Bench accepted this request and has now ordered that the matter be heard on July 23, which is after the court’s summer vacation.

Reddy also noted that “Mondays and Fridays are ‘miscellaneous’ days of the supreme court and the present matter is considered to be of a ‘non-miscellaneous’ nature.” The recently released court order from Friday’s hearing confirms the new date. “Upon hearing the counsel the court made the following order … List the matter on 23rd July, 2019,” the order shows.

 

https://news.bitcoin.com/indian-supreme-court-new-date-crypto-case/

 

Indian Bitcoin Users in the Dark Over Their Tax Liabilities

Fake Invoices

Under the ongoing ban, cryptocurrency users cannot enter the Indian fiat system. Banks in both public and private sector adhere to the guidelines set by the RBI, which means that their account holders have to follow the same rules indirectly. So if a user, say, sells a bitcoin token in an over the counter trade and receives Indian Rupees in return, he/she violates the RBI’s crypto banking ban. Generally, most of these traders are cash-settled, which leaves no means for RBI to detect their presence. However, traders using internet banking conceal such trades using fake invoices.

On the promise of anonymity, the owner of a New Delhi-based over-the-counter cryptocurrency exchange told NewsBTC that they were conducting $4,000 worth of crypto-trades every day.

“Many a time, we have to create fake invoices for crypto transactions exceeding Rs 49,000 (~$711),” she said. “Generally, we make it look like IT support services.”

The owner explained that they were forced to take these measures because of the lack of cryptocurrency regulations, adding:

“I and my cousins were investing in bitcoin since 2015. We could not just dump everything following the RBI ban. We are ready to declare our assets and pay taxes if they create a law. But so far, they have not given any indication towards that direction.”

It is worth noticing that, in February last year, India’s Central Board of Direct Taxes, issued 100,000 tax notices to cryptocurrency traders and investors. Chairman Sushil Chandra said that they “felt” that profits made from cryptocurrency investments were a taxable event, citing finance minister Arun Jaitley’s vows to eliminate illicit use of cryptocurrencies.

Pending Supreme Court Case

The Supreme Court of India is now hearing a case challenging RBI’s authority when it imposed abanking ban on the crypto sector. India’s apex court earlier ordered the central bank to present their crypto regulation proposal’s first draft in four weeks, a deadline which is ending this March 29, two days before the fiscal year close.

RBI did not reveal whether or not it would ban bitcoin, considering the bank has remained mum over its perspective on crypto regulations so far. Based on the outcome, taxpayers could gain some clarity over how they should perceive their crypto investments. Till then, declaring crypto assets could push them to either side of the pit.

Exclusive: Indian Bitcoin Users in the Dark Over Their Tax Liabilities

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