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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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New labour codes bring on board gig workers with 90-day employment

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New Delhi, Jan 2: The Ministry of Labour and Employment has published the draft rules for the four labour codes, which also bring gig workers on board for various benefits such as minimum wage, health, occupational safety, and social security coverage.

The government has invited feedback from stakeholders on these draft rules and aims to finally roll out the entire package of four labour codes across the country from April 1.

Under the draft rules, in order to be eligible for the benefits, a gig or platform worker must be associated with an aggregator for at least 90 days in a financial year to qualify for social security benefits created by the Centre. If a worker is engaged with more than one aggregator, the minimum requirement is fixed at 120 days.

The notification, dated December 30, 2025, was issued a day before the gig and platform workers went on a flash strike for higher wages and better working conditions.

The rules clarify that a worker is considered “engaged” on any calendar day if they earn income for work done for an aggregator, regardless of how much they earn.

If a worker is associated with multiple aggregators, the number of engagement days will be added together across all aggregators. The draft also states that if a worker is engaged with three aggregators on the same calendar day, it will be counted as three separate days of engagement.

Regarding the minimum wage, the draft rules state that when the rate of wages for a day is fixed, then such amount shall be divided by eight for fixing the rate of wages for an hour and multiplied by twenty-six for fixing the rate of wages for a month. In case of a five-day working week, the hourly rate of minimum wages so calculated shall be used to derive the minimum wages for the day.

While fixing the minimum rates of wages, the Central government shall take into account the geographical area, experience in the area of employment, and level of skill required for working under the categories of unskilled, semiskilled, skilled, and highly skilled, the rules further state.

The four codes — the Code on Wages, 2019; the Industrial Relations Code, 2020; the Code on Social Security, 2020; and the Occupational Safety, Health and Working Conditions Code, 2020 — were notified on the same day.

The Labour Codes make it mandatory for employers to issue appointment letters to all workers, which provides written proof to ensure transparency, job security, and fixed employment. Earlier, no mandatory appointment letters were required.

Under the Code on Social Security, 2020, all workers, including gig and platform workers, will get social security coverage. All workers will get PF, ESIC, insurance, and other social security benefits. Earlier, there was only limited security coverage.

Under the Code on Wages, 2019, all workers will receive a statutory minimum wage payment, and timely payment will ensure financial security. Earlier, minimum wages applied only to scheduled industries or employments and large sections of workers remained uncovered.

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FAIFA urges government to roll back steep tax hike on tobacco products

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New Delhi, Jan 2: The Federation of All India Farmer Associations (FAIFA) on Friday urged the government to roll back the notified excise rates on tobacco products and revise them to revenue-neutral rates, to disincentivise smuggling, and support domestic agriculture.

A stable taxation framework, FAIFA noted in a statement, is necessary to sustain farmer incomes, protect employment across the value chain, and align economic policy with long-term public health goals.

The Ministry of Finance notification ‘Chewing Tobacco, Jarda Scented Tobacco and Gutkha Packing Machines (Capacity Determination and Collection of Duty) Rules, 2026’ has imposed an excise duty of Rs 2,050-Rs 8,500 per 1,000 sticks, depending on cigarette length, effective February 1.

FAIFA said such a steep hike in taxes would force domestic manufacturers to raise prices of finished goods, which will lead to a drop in sales, hurting farmers supplies in return. This could cause a glut in the tobacco crop market in the near term, it added.

“While announcing GST 2.0 on September 4, 2025, Government had assured that in the case of tobacco products, GST would be charged at 40 per cent of the retail sales price, while the overall incidence of tax would be kept unchanged,” said Murali Babu, President, FAIFA.

He further added that the farming community across India has been holding on to this assurance of revenue neutrality and had welcomed the government’s decision to rationalise GST by restructuring rates and doing away with the 12 per cent slab, which helped reduce prices.

Appealing to the government, FAIFA leaders stressed that India’s legal cigarette prices are already among the least affordable globally when measured against per capita income, as reflected in World Health Organization’s (WHO) affordability index.

Current steep increase will render legal products unaffordable to a huge section of consumers, accelerating consumer migration to illegal channels, it argued. FAIFA appealed to the government to ensure that taxation policies do not punish those who have always remained within the law.

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Sensex, Nifty post mild gains as auto, metal stocks lead rally

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Mumbai, Jan 2: The Indian benchmark indices traded in the green zone early on Friday, supported by strong macroeconomic indicators and stable domestic fundamentals.

As of 9.30 am, Sensex advanced 185 points, or 0.22 per cent to 85,374 and Nifty gained 61 points, or 0.24 per cent to 26,208.

Main broad-cap indices performed in line with benchmark indices, with the Nifty Midcap 100 adding 0.42 per cent, while the Nifty Smallcap 100 gaining 0.30 per cent.

Maruti Suzuki, ONGC and Tata Steel were among the major gainers in the Nifty Pack, while losers included Titan Company, Tata Consumer, Dr Reddy’s Labs, Apollo Hospitals and Bajaj Finance.

Among sectoral gainers, all indices were trading in the green except FMCG, IT and Pharma. Top gainers included auto and metal sectors, adding 0.89 per cent and 0.79 per cent.

Immediate support is placed at 26,000–26,050 zone, while resistance is placed near 26,250–26,300 zone, market watchers said.

Indian equities kicked off 2026 on a subdued note on Thursday, with benchmark indices ending largely flat amid thin trading volumes.

Analysts said that the impressive 25.8 per cent YoY increase in passenger vehicles sales in December bodes well for the auto industry and confirms the growth momentum in the economy. If this growth continues even at a slower pace, economic growth is confirmed, proving potential for earnings growth, they added.

The consumer durables industry lagged last year but could catch up. The beneficial impact of the interest rate cuts and GST cuts are yet to reflect in the demand for consumer durables creating good prospects for this sector in the short term, they noted.

In the Asian markets, China’s Shanghai index added 0.09 per cent, and Shenzhen edged down 0.58 per cent, Japan’s Nikkei declined 0.37 per cent, while Hong Kong’s Hang Seng Index gained 2.29 per cent. South Korea’s Kospi advanced 1.37 per cent.

The US markets ended in the red zone on the last trading day, as Nasdaq lost 0.76 per cent, the S&P 500 eased 0.74 per cent, and the Dow moved down 0.63 per cent.

On January 1, foreign institutional investors (FIIs) sold equities worth Rs 439 crore, while domestic institutional investors (DIIs) were net buyers of equities worth Rs 4,189 crore.

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