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Budget 2022: Experts exhort Centre to regulate crypto trades

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Even as Union Finance minister Nirmala Sitharaman is set to present the annual Budget on February 1, experts have called for regulation of cryptocurrencies and exhorted the government to treat them as capital assets with a “reasonable” tax regime.

While the sector has grown exponentially over the last few years in India with buying, selling of the digital currencies and altcoins and establishing cryptocurrency exchanges being legal, the government is yet to bring in a law that regulates the sector.

The government was expected to introduce a Bill titled “The Cryptocurrency and Regulation of Official Digital Currency Bill, 2021” to regulate cryptocurrencies in the Winter session of the Parliament but did not do so. It is now expected to be tabled in the Parliament during the Budget session that starts on January 1 and ends on April 8.

Pratik Gauri, CEO, and Founder, 5ire said the government has a responsibility to protect people from investments that are sensationalized, and while risk-taking is every investor’s right, a measured hand where investment and holding parties responsible go hand-in-hand.

“Laissez-faire has never worked in populations where every rupee is hard-earned and we are a nation of hard-earners. Even in terms of governance, the Indian government is looking long and hard at accountability. So, taxation and regulation of investment falls under its purview and I think, thus far the government has done a remarkable job of balancing the need to encourage investment for innovation and the restriction on gaining from wild speculation,” he said.

He added that all gains from cryptocurrencies are taxed heavily across the globe and that asking to pay a fair share of taxes on the gains in crypto markets is just part of the puzzle.

Prime Minister Narendra Modi, while virtually addressing a summit of the World Economic Forum on January 17, had called for a synchronized global action to regulate cryptocurrencies. The Reserve Bank of India has publicly favored a ban on private cryptocurrencies. The crypto assets in India are currently estimated at around Rs 45,000 crore with about 15 million investors.

The risk in the widespread adoption of crypto is that poor AML and fraud practices are heavily present in the crypto exchange market. The reasons are multifold: Enhanced Due Diligence (EDD) is not required on crypto exchanges or ATMs at this time.

Raj Kapoor, Founder – India Blockchain Alliance and Chief Growth Officer at Chainsense LTD, said an alignment with the FATF framework would also provide crypto for a clearer framework on performing AML compliance, and to prepare to use this to inform your risk assessment and procedures.

The Customer Due Diligence (CDD) scanner to detect customer identification, especially for scanning high-risk customers would then be in place as well.

Ravi S. Raghavan, Partner, Tax and Private Client Group at Majmudar & Partners says cryptos should be treated as capital assets and reasonable tax regime such as a levy of 18 per cent GST on fee collected by exchanges for enabling buying and selling cryptos; and Investor profits to be either taxed as – short term capital gains (for cryptos held for less than 36 months) at 30 per cent; or long term capital gains tax (for cryptos held for more than 36 months) at 20 per cent that is similar to trading and investment in securities.

“Reporting procedures in income tax returns and whether tax withholdings are applicable (beyond prescribed thresholds) should be explained in the form of an FAQ by the Central Board of Direct Taxes in due course to avoid any tax litigation,” he said.

He added that crypto trading should be considered by the government as speculative transactions and no losses arising from crypto sales be allowed to be carried forward and set off against other business profits or salary income of the concerned taxpayer.

Regulating cryptocurrencies by bringing it under the IT Act will make it a part of the investment choices and while most investors do not have a problem with taxation, they seek clarity and consistency of taxes.

“Anything that is banned never goes away, it just goes underground and the govt misses out on the tax revenues. Also regulating it would ensure that all loopholes are plugged and people don’t feel the need to evade taxes,” Kunal Verma director and creative head of Yunometa Pte limited said.

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ED arrests real estate firm MD in PMLA case, accused sent to 14-day custody

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New Delhi, Nov 15: The Enforcement Directorate (ED) has arrested Ocean Seven Buildtech Pvt. Ltd. (OSBPL) Managing Director Swaraj Singh Yadav after conducting searches at nine locations across Delhi-NCR and other regions in a money-laundering probe under the Prevention of Money Laundering Act (PMLA), 2002, an agency statement said on Saturday.

The action stems from allegations that Yadav diverted and laundered funds collected from homebuyers across multiple projects, including those under the Pradhan Mantri Awas Yojana (PMAY).

The searches on Thursday led to the recovery of Rs 86 lakh in cash, suspected to be proceeds of crime, along with incriminating documents and digital evidence.

According to the ED, Yadav orchestrated a large-scale diversion of homebuyer funds through fraudulent cancellation and resale of units at inflated prices, cash-based premiums collected outside banking channels, and misuse of escrow accounts.

He allegedly routed substantial sums into shell entities and concealed cash proceeds with relatives, the ED statement said.

Investigators also found a pattern of rapid liquidation of assets held personally and through company entities in Gurugram, Maharashtra, and Rajasthan, which the agency believes was intended to secure illicit gains and evade legal scrutiny.

His wife and children have already relocated to the United States, the probe revealed.

The agency said Yadav operated a dual-payment mechanism in the resale of PMAY flats and even in the sale of parking spaces — routing only nominal amounts through banks while collecting the bulk in cash. These activities form part of a wider probe linked to multiple FIRs alleging cheating, forgery, and other predicate offences.

Following his arrest, Yadav was produced before the Court of ASJ-06 at Patiala House Courts on Friday, in compliance with Supreme Court directions.

After detailed submissions from both sides and a pass-over granted to allow him legal assistance, the court sent him to ED custody for 14 days, until November 28.

The agency has been directed to produce him before the court at 2 p.m. on the date of expiry of remand.

The ED said it is pursuing further investigation to trace, freeze, and attach assets acquired from the laundered funds, to ensure recovery and restitution to affected homebuyers.

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IndiGo to start flights from Navi Mumbai International Airport from Dec 25

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Mumbai, Nov 15: Low-cost airline IndiGo on Saturday announced flight operations from the newly-opened Navi Mumbai International Airport (NMIA) starting December 25, connecting the airport to 10 cities across the country.

IndiGo will connect the future-ready airport to 10 cities, including Delhi, Bengaluru, Hyderabad, Ahmedabad, Lucknow, North Goa (Mopa), Jaipur, Nagpur, Cochin, and Mangalore, the airline said in a statement.

The airline said it plans to expand operations at NMIA progressively by adding direct routes to more destinations in due course.

NMIA, the second airport in the Mumbai metropolitan area, is designed to complement Chhatrapati Shivaji Maharaj International Airport and meet growing demand for air travel from India’s financial capital.

NMIA is expected to enhance regional connectivity and support economic development in western India due to its strategic location.

By enhancing regional connectivity and supporting economic development in western India, the launch of IndiGo’s operations will connect the airport to its vast domestic network of 95 airports across the country, it added.

The Navi Mumbai International Airport was inaugurated by Prime Minister Narendra Modi last month, as a major achievement in India’s economic development and “a symbol of Bharat’s aspirations”.

PM Modi said that Mumbai welcomed its second international airport, marking a significant milestone in its journey to becoming Asia’s premier connectivity hub. “Through this new airport, the farmers of Maharashtra will be able to connect with supermarkets in Europe and the Middle East as well,” he observed.

NMIA will ease congestion at Chhatrapati Shivaji Maharaj International Airport and significantly increase India’s aviation capacity.

The Navi Mumbai International Airport Private is designed to accommodate both domestic and international passengers, featuring state-of-the-art facilities. It includes a 3,700-metre runway capable of handling large commercial aircraft, modern passenger terminals, and advanced air traffic control systems.

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Stock markets end week on a strong note as NDA secures landmark win in Bihar

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Mumbai, Nov 15: Indian equity markets ended the week on a strong note, with benchmark indices gaining on the resolution of the US government shutdown, supported by strong domestic fundamentals, better-than-expected Q2 earnings, easing inflation and NDA’s historic victory in Bihar, according to analysts.

Record-low October inflation reinforced expectations of an RBI rate cut, adding momentum to domestic equities.

According to Vinod Nair, Head of Research, Geojit Investments Limited, sectoral momentum was broad-based, led by gains in IT, Pharma, healthcare and Auto stocks.

“Toward the week’s close, the NDA’s Bihar election victory bolstered investor confidence, but fading expectations of a U.S. Fed rate cut triggered profit booking in IT stocks, tempering their earlier gains,” he mentioned.

The indices remained under pressure for most of the session on Friday, oscillating between losses and brief recoveries, before a strong late-afternoon rebound pushed them into the green.

Volatility picked up as markets tracked the Bihar election outcome, the day’s key trigger.

Sentiment was also weighed down by weak global cues after Wall Street fell sharply overnight, led by declines in Nvidia and other tech majors as investors dialled back hopes of near-term rate cuts amid lingering inflation worries, according to a note by Bajaj Broking Research.

At close, the Sensex ended 84 points or 0.1 per cent higher at 84,563, while the Nifty finished 31 points up at 25,910. Sectoral trends were mixed, with PSU banks leading gains at 1.17 per cent, followed by firm moves in pharma and FMCG.

Energy and infrastructure saw mild upticks. On the downside, IT declined 1.03 per cent, while auto, metal, and realty ended lower.

Among the broader market space, Nifty Small-cap 100 rose 0.38 per cent, while the Midcap 100 gained 0.08 per cent.

According to analysts, Nifty on the weekly chart has formed a strong bull candle with a higher high and a higher low signaling pullback after two weeks of corrective decline, “in line with our expectations from the key support area of 25,400-25,300”.

Going ahead, bias continues to remain positive and a follow through strength above last month high of 26,100 will open upside towards the previous all-time high of 26,277 in the coming week.

Looking ahead, market direction will hinge on key macro triggers such as India’s PMI data, US jobless claims, FOMC minutes and progress on US–India trade negotiations.

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