Crypto Growth & Legal Impact in India
Crypto Growth & Legal Impact in India
PROJECT REPORT
ON
2022-2023
SUPERVISOR
SUBMITTED BY
I
ST. JOHN'S COLLEGE AGRA
FOUNDED 1850
CERTIFICATE
College, Dr. Bhim Rao Ambedkar University, Agra, U.P. has completed
the Project on" the growth of cryptocurrency in india: its challenges &
guidance.
Coordinator Supervisor
II
DECLARATION
Devashish Chaturvedi
Roll no.2100030911079
III
ACKNOWLEDGEMENT
I shall remain thankful to Dr. S.P Singh (principal) St John's college me to carry on
research work and valuable support.
Devashish Chaturvedi
IV
Tables of content
1. INTRODUCTION:
HISTORY
HOW DOES IT WORK
TYPES OF
CRYPTOCURRENCY
PROS AND CONS
IMPORTANCE OF
CRYPTOCURRENCY
2. REVIEW OF LITERATURE
3. OBJECTIVE NO.1
OBJECTIVE NO.2
5. CONCLUSION
REFERENCES AND
BIBLIOGRAPHY
V
CHAPTER-1 INTRODUCTION
-1-
HISTORY
Without a doubt, 2017 was full of exciting events. As the value of Bitcoin and
other cryptocurrencies skyrocketed, so did the number of schemes as well as scams
targeting crypto investors.
-2-
OBJECTIVES OF CRYPTO CURRENCY
TYPES OF CRYPTOCURRENCIES
IMPORTANCE OF CRYPTOCURRENCY
-3-
HOW DOES IT WORK
If you own cryptocurrency, you don’t own anything tangible. What you own is a
key that allows you to move a record or a unit of measure from one person to
another without a trusted third party.
Although Bitcoin has been around since 2009, cryptocurrencies and applications of
blockchain technology are still emerging in financial terms, and more uses are
expected in the future. Transactions including bonds, stocks, and other financial
assets could eventually be traded using the technology.
-4-
-5-
TYPES OF CRYPTOCURRENCIES
-6-
Avalanche (CRYPTO:AVAX) $20.6 billion
There really isn't one "best" cryptocurrency since each has different features built
in based on what the developer designed it for. Here's an overview of some of the
most popular digital coins and how each is being used.
1. Bitcoin
The ledger allows a party to prove they own the Bitcoin they're trying to use and
can help prevent fraud and other unapproved tampering with the currency. A
decentralized currency can also make peer-to-peer money transfers (like those
between parties in two different countries) faster and less expensive than
traditional currency exchanges involving a third-party institution.
2. Ether (Ethereum)
-7-
creation of smart contracts and other decentralized applications (meaning the
software doesn't have to be distributed on app exchanges like Apple's
(NASDAQ:AAPL) App Store or Alphabet's
(NASDAQ:GOOGL)(NASDAQ:GOOG) Google Play Store, where they might
have to give a 30% cut of any revenue to the tech giants). Ethereum is both a
cryptocurrency (the actual coins are measured in units called Ether) and a software
development sandbox.
3. Tether
Tether is a stablecoin, or a currency tied to a fiat currency -- in this case, the U.S.
dollar. The idea behind Tether is to combine the benefits of a cryptocurrency (such
as no need for financial intermediaries) with the stability of a currency issued by a
sovereign government (versus the wild price fluctuations inherent with many
cryptos
4. Binance Coin
5. USD Coin
USD Coin is another stablecoin, and, like Tether, it is pegged to the U.S. dollar.
Also like Tether, USD Coin is hosted on the Ethereum blockchain. The idea behind
USD Coin was to create a "fully digital" dollar, one that has the stability of U.S.
fiat currency but doesn't require a bank account or that the holder live in a
-8-
particular country. Rather than an investment, USD Coin is envisioned as everyday
money that can be spent with merchants on the internet.
-9-
PROS AND CONS OF USING CRYPTOCURRENCIES
TOPICS COVERED
Advantages OF CRYPTOCURRENCIES
disadvantages OF CRYPTOCURRENCIES
ADVANTAGES
Inflation has caused many currencies to urge their value to decline with time. At
the time of its launch, almost every cryptocurrency is released with a tough and
fast amount. The ASCII computer file specifies the quantity of any coin; there are
only 21 million Bitcoins released within the planet. So, because the demand
increases, its value will increase which might maintain with the market and, within
the long run, prevent inflation.
Governance and maintenance of any currency is also a serious factor for its
development. The cryptocurrency transactions are stored by developers/miners on
their hardware, which they get the transaction fee as a gift for doing so. Since the
miners have become acquired it, they keep transaction records accurate and up-to-
date, keeping the integrity of the cryptocurrency and also the records decentralized.
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3. DECENTRALIZED:
One of the most uses of cryptocurrencies is to send money across borders. With the
help of cryptocurrency, the transaction fees paid by a user are reduced to a
negligible or zero amount. It does so by eliminating the need for third parties, like
VISA or PayPal, to verify a transaction. It removes the requirement to pay any
extra transaction fees.
Cryptocurrency can be bought using many currencies rather like the US dollar,
European euro, British unit of measurement, the Indian rupee, or Japanese yen.
Varied cryptocurrency wallets and exchanges help convert one currency into
another by trading in cryptocurrency, across different wallets, and by paying
minimal transaction fees.
Privacy and security have always been concerns for cryptocurrencies. The
blockchain ledger relies on different mathematical puzzles, which are hard to
decode. It makes cryptocurrency safer than ordinary electronic transactions.
- 11 -
Cryptocurrencies are for better security and privacy, and they use pseudonyms that
are unconnected to any user account or stored data that might be linked to a profile.
- 12 -
DISADVANTAGES
1. ILLEGAL TRANSACTIONS:
Since the privacy and security of cryptocurrency transactions are high, it’s hard for
the government to trace down any user by their wallet address or keep tabs on their
data. Bitcoin has been used as a mode of payment (exchanging money) during
many illegal deals in the past, like buying drugs on the dark web. It has also been
used by some people to convert their illicitly acquired money to hide its source,
through a clean intermediary.
Although cryptocurrencies are known for their feature of being decentralized, the
flow and amount of some currencies within the market are still controlled by their
creators and some organizations. These holders can manipulate the coin for
enormous swings in its price. Even hugely traded coins are at risk of these
manipulations like Bitcoin, whose value doubled several times in 2017.
- 13 -
4. BUYING NFTS WITH OTHER TOKENS:
Some cryptocurrencies can only be traded in one or some fiat currencies. It forces
the user to convert these currencies into one all told the most currencies, like
Bitcoin or Ethereum first and then through other exchanges, to their desired
currency. It can apply to just some cryptocurrencies. By doing this, the extra
transaction fees are added within the method, costing unnecessary money.
5. NO REFUND OR CANCELLATION:
7. VULNERABLE TO HACKS:
Although cryptocurrencies are very secure, exchanges don’t seem to be that secure.
Most exchanges store the wallet data of users to figure their user ID correctly. This
data is often stolen by hackers, giving them access to lots of accounts.
- 14 -
After getting access, these hackers can efficiently transfer funds from those
accounts. Some exchanges, like Bitfinex or Mt Gox, have been hacked within the
past years, and Bitcoin has been stolen in thousands and countless US dollars.
Most exchanges are highly secure nowadays, but there is always a possibility for a
further hack.
- 15 -
IMPORTANCE OF CRYPTOCURRENCY
People without access to banking institutions––or those who don't trust their
leaders––can use cryptocurrencies without the fear of censorship or confiscation.
The key to crypto's significance is its decentralization, meaning users don’t have to
rely on their local institutions and governments to interact with money. This
decentralized nature makes cryptocurrencies an incredible financial tool for much
of the world's population, especially those in less developed or authoritarian
financial environments.
It's also impossible to tamper with cryptocurrencies like Bitcoin since they don’t
have central authorities like the Federal Reserve calling the shots. People who hold
crypto in a wallet enjoy the benefits (and responsibility) of self-custody and
censorship resistance. These features can potentially give millions of people access
to capital that's difficult to inflate or confiscate.
Need of the study
- 16 -
CHAPTER-2
REVIEW OF LITERATURE
- 17 -
developed, emerging markets, China, and the US. They used the CoinDesk
price index to represent the Bitcoin prices
- 20 -
2020.The methodology applied was value at risk (VaR) and conditional value
at risk (CVaR), two measures of downside risk.
- 21 -
11.Bouri, Gupta, Tiwari, Roubaud, (2017) (CAN BITCOIN BE USED AS A
HEDGE TOOL AGAINST UNCERTAINTY IN DIFFERENT TIME
PERIODS USING DAILY DATA FOR THE PERIOD OF 17TH
MARCH, 2011, TO 7TH OCTOBER, 2016):- Uncertainty is measured by
the first principal component analysis of the US VIX volatility index of
equity markets. The US VIX index represents market sentiment and investor
expectation. The US VIX index represents the stock markets of Brazil,
Canada, China, France, Germany, India, Japan, Mexico, Russia, South
Africa, Sweden, Switzerland, the UK and the US. The data for the VIX was
obtained from the DataStream of Thomson Reuters, while the Bitcoin price
data in US dollars are collected from CoinDesk at www.coindesk.com/price.
Wavelet analysis decomposes the time series in several wavelet scales or
frequencies to investigate the relationship between Bitcoin prices returns and
global uncertainty.
- 24 -
Objectives of the study
- 25 -
CHAPTER-3
OBJECTIVE NO-1
Topics:-
Out of these, one of the most divisive fiscal mediums to emerge is cryptocurrency.
Cryptocurrency refers to any non-fiat currency that can be used in a variety
of financial transactions, virtual or physical. Cryptocurrencies are intangible assets
- 26 -
that are purportedly used in a variety of applications and networks, including peer-
to-peer networks, virtual worlds, online social networks, and online games.
The Ministry of Corporate Affairs also amended Schedule III of the Companies
Act. It specifies how businesses must prepare their balance sheets and income
statements for submission to the government. It demands that Indian enterprises
record the profit or loss on cryptocurrency transactions, the amount of currency on
hand at the time of reporting, and any deposits or advances received from third
parties for trading or investing in cryptocurrencies. The Indian government has
made it clear these are not signs that crypto is legitimate, however.
taxation :-
Tax on cryptocurrency is one of the most confusing aspects in India. Initially, there was
no Income Tax Act or Goods and Services Tax (GST) defined cryptocurrencies in India.
- 27 -
In the recent Union Budget 2022 outcome, the Finance Minister presented a tax regime
for virtual or digital assets that include cryptocurrencies.
Cryptocurrency investors are required to report the calculated profits and losses as
a part of their income.
A 30% tax will be charged on the earnings from the transfer of digital assets that
include cryptocurrencies, NFTs, etc.
Just the cost of acquisition and no deduction will be permitted while reporting
earnings from the transfer of virtual assets.
A 1% deduction of tax deducted at source (TDS) on the buyer’s payment if it
crosses the threshold limit.
If cryptocurrency is received as a gift or transferred it is subjected to tax at the
giftee’s end.
If you face any loss from the virtual asset investment, it cannot be balanced
against other income.
- 28 -
Know Your Customer [“KYC”] and Anti-Money Laundering [“AML”] regulations
are currently established in several distinct legislation and RBI guidelines. These
restrictions, however, do not specifically apply to businesses that use virtual
currency.
CROSS-BORDER TRANSACTION
If Indian nationals send virtual money outside of India in exchange for services or
goods provided by a non-resident business, the Foreign Exchange Management
Regulations 2015 and the Master Directions on Export of Goods and Services are
likely to apply.
These export restrictions, among other things, provide that only authorized banking
channels may be utilized to receive the entire number of exports and that only an
authorized bank may be used to offset import payments against export receivables.
As a result, a cross-border exchange would be disallowed.
- 29 -
SECURITY EXCHANGE BOARD OF INDIA [SEBI] REGULATION
The SEBI Investment Advisers Regulation 2013 and the SEBI Portfolio Managers
Regulation 2019 govern investment advisors and fund managers in India.
Despite the absence of a ban on managing and advising on crypto assets in the
aforementioned regulations, SEBI has made public the list of commodities in
which managers and advisers are entitled to trade. As a result, any investment
counselors or fund managers providing virtual currency services in India do
so in their capacity rather than as SEBI-authorized managers or advisers.
However, beginning with the current fiscal year, the Companies Act Amendment
will require Indian investment advising firms and wealth management firms to
disclose their holdings and ownership of cryptocurrencies and venture capital firms
to the Indian government. Individual advisers and fund managers may be
unaffected.
Looking Forward
Due to the ese of anonymity in digital wallet transactions and owing to how
challenging it is to track the identity of the underlying owners, the entire endeavor
of regulating crypto-related activity could be riddled with contradictions and might
be at risk of being rendered pointless.
Absolute prohibitions on this technology are impracticable and may be quite easy
to avoid. As with other disruptive technologies, a balanced regulatory framework is
required to reduce the risks while maximizing the advantages. We sincerely hope
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that any future regulations or court rulings recognize this fact and continue to take
a more balanced approach to it.
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Chapter no - 4
OBJECTIVE NO - 2
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computing or manufacturing effort. Many business activities have been involved in
both Cryptocurrency categories including the following:
Pay for cryptocurrency method: This method allows adult users and gamers who
aged 18 and over to pay for cryptocurrency using real money or its equivalent in
the real monetary system such as pre-paid cards and credit cards or e- payment
systems such as PayPal. Each cryptocurrency platform has its own pricing and
exchanging rate which indicates the amount of purchased currency. The purchased
virtual currency in this method is stored in buyers’ accounts which are created
within the platforms by the operators. This method is restricted to over 18 years old
in most of platforms.
Offer based method: Many online gamers do not have the ability or the means to
pay with cash option for cryptocurrency. Offer based method enables users and
gamers whether they are adults or minors to earn cryptocurrency by watching
advertising videos, participating in a surveys, winning games levels and signing up
for a trial subscription. Users just need to complete the promotional activity to gain
the points and credits in order to fund their accounts which are created within the
game platform.This method is considered as one of the safest ways of earning
and generating cryptocurrency.
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Loyalty based method: In this method, customers and gamers earn points and
credits, which are forms of cryptocurrency, as long as they stay with the
cryptocurrency provider. Commercial companies and games operators reward
customers for their loyalty by giving them points that are redeemable towards
future purchases. These points are also exchangeable with vouchers, discounts and
gifts. Customers earn points whenever they make purchases from the loyalty point
provider’s products or from other collaborating companies. For example, Nectar
points, a loyalty point scheme in the UK, can be earned by purchasing real goods
and items from several partner companies such as Sainsbury’s and Hombase
stores. Furthermore, users can combine between this method and the method of
paying for cryptocurrency. For example, Saudi Airlines’ customers can pay for
extra air miles if their collected air miles are not enough to get the desired tickets.
The first category has some challenges and problems but it is not comparable with
the second one which has more challenges and issues that this paper will address in
further sections.
Furthermore, many of the Internet technologies are using the concept of sharing
resources which mean that they depend on participants’ participations. The
resources which need to be shared in these kinds of systems include files, storage
capacity, computations’ results and bandwidth. These systems are built on
share-resources based to maintain functionality and control stability.
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is an example of cryptocurrency system for peer to peer networks that uses this
mechanism. Every new user that joins to the system will gain a small amount of
KARMA to start with. This amount will be increased when the user contributes
and it will be decreased when the user consumes. Knowledge is also can be
exchanged with cryptocurrency where users are able to value their knowledge and
they can exchange it with other users for cryptocurrency. For example, VEN
is a global digital currency that can be exchanged with knowledge and it is used in
a social network called Hub Culture. Users in Hub Culture can use VEN to charge
accessing to individual contents such as articles and videos which are considered as
users’ knowledge. Additionally, promises can also be considered as cryptocurrency
in some decentralized networks. This type of virtual currency is derived from two
concepts which are trust in social relationships and the mechanism of real
monetary system. The real money in reality is traded as promises or what so called
I OWE YOU (IOU) concept. Real currency notes are essentially IOUs from the
government and bank accounts are IOUs from the banks. Government and banks
IOUs are used as payment method between people. A combination between the
trust relationships between members in decentralized networks and the concept of
IOU promises can be converted to cryptocurrency to be used as a payment
method. Ripple is a good example of a decentralized system that use IOU
promises as virtual currency. The role of Ripple system is to find the rout between
the payer and the payee in the network through trusted nodes between them. For
example, Alex needs to pay £10 for buying an item from Mary but they do not
know each other so they do not trust each other. They know and trust a third person
called Tom who will play the role of mediator between them. Now, Alex can give
his IOU to Tom who is in turn can give his IOU to Mary and this means the
payment is completed between Alex and Mary via Tom. Exchanging
cryptocurrency for real items:
- 36 -
The connection between the cryptocurrency and the real world can be divided into
three main parts as follows:
Cryptocurrency to real money where the CC can be exchanged for real cash.
This kind of spending cryptocurrency indicates the maturity of the operator’s
system which needs to have business connection with the real money systems.
Exchanging rate must be set up to control the financial exchanging. A good
example of this type of exchanging is Linden Dollar (L$) in Second Life virtual
world where users can convert L$ to variety of real currencies such as US$, see
As of Jan 2018,
over 16.78 million Bitcoin units are circulated around the world which worth more
than 142 billion USD. Additionally, Bitcoins are still created until they reached 21
million units and there will never be more than that amount. This will help to
control the exchange process and the circulation of this type of virtual
currency.
Cryptocurrency to real goods where the VC can be exchanged for tangible goods.
Some CC platforms enable individuals to buy clothes, sunglasses, perfumes
and electrical appliances using their virtual currency. Mobily company, a
mobile network provider in Saudi Arabia, enables its customers to pay for
their purchases from partner companies using their collected points. In some other
cryptocurrency platforms, customers receive vouchers versus their collected points
to use them for buying real items and goods from the points provider’s stores such
as Tesco ClubCard points. Moreover, virtual currencies in decentralized platforms
can also be exchanged for real items. For example, VEN currency can be
exchanged for real goods and commodities such as clothes, accessories and
Precious metals. It can be used to purchase cars where users can exchange
254,451.94 VEN with NISSAN all-electric car called LEAF. Cryptocurrency to
- 37 -
services where individuals can exchange CC with services that they need in their
real life. For example, customers can benefit from converting their collected
points to free minutes and texts with Mobily network. Furthermore, Avios point’s
collectors can convert their points to travel services such
as travel insurance.
CHAPTER NO - 5
CONCLUSION
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flowing in different systems, the huge expanding and growing of using and
implementing cryptocurrencies and the opportunities that cryptocurrency
systems offer. Moreover, the confidence and trust rate of using cryptocurrency is
noticeably high as it can be seen in several cases that have been stated in this paper
besides the survey results. However, users have not realized the full picture of
using cryptocurrency. In fact, many cryptocurrency forms do not deserve that
much of trust yet. Many concerns, challenges and issues are existing in many
cryptocurrency platforms and they are clearly outlined in the above sections
of this paper. Until cryptocurrency is being well regulated and controlled, users
need to take extra precautions of using such virtual money. The future of
Cryptocurrency concept is promising, revealing more opportunities to bring
positive changes and progress to e-Business and e-Payment sectors. With the rapid
progress and improve of technology, cryptocurrency will not stop progressing.
There are advanced steps towards improving and expanding the cryptocurrency
concept since our study was conducted. More and more vendors are accepting
payment with different types of cryptocurrency and many people are now more
aware of potentials and opportunities that CC can offer. New forms of virtual
currency have also been emerged and spread around the world recently. M-Pesa as
example, which is a form of CC that offer a secure payment, has been introduced
in Kenya in 2007 and now, it has been expanded into many other countries in
Africa, Asia (including India) and Europe creating a highly popular payment
service. The Cryptocurrency field creates a lot of research opportunities and many
studies need to be done in order to provide scientific contents. The correlation
between the real financial laws and the legislative status of implementing
cryptocurrency platform needs to be studied further from various different
prospectives. Moreover, the adoption and acceptance level also needs more
- 39 -
consideration and more analysis with large samples. Trust and confidence are
important factors that need to be investigated further in terms of using and
trading the Cryptocurrency forms. The further research scope can be extended to
developing use-cases for applications of cryptocurrency across different sectors in
India.
REFERENCE
- 40 -
6. Urquhart.A, Zhang.H,(2019) (BITCOIN CAN BE USED AS A HEDGE
OR SAFE HAVEN AGAINST SIX WORLD RATE CURRENCIES?)(vol. No.
84) (issue no. 1) pages 127-178.
pages 120-145.
- 41 -
PERIODS USING DAILY DATA FOR THE PERIOD OF 17TH MARCH,
2011, TO 7TH OCTOBER, 2016) (vol. No. 76) (issue no. 5) pages 120-145.
13. Baur, D. G., Hong, K., Lee, A. D., (2018) (RATE OF RETURN IN
BITCOIN) (vol. No. 32) (issue no. 9) pages 143-154.
- 42 -
BIBLIOGRAPHY
The data collected for this project basically secondary data which is
collected from newspapers and internet. Yes it is really a very difficult
task to take views of higher authorities of any companies in such a
less than an analyse their response.
WEBSITE:
WWW.SSRN.COM
WWW.RESEARCHGATE.NET
WWW.DAILYGUARDIAN.COM
WWW.ITWGLOBAL.COM
WWW.BUSINESSSTANDARD.COM
WWW.LAWBHOOMI.COM
NEWSPAPER
HINDUSTAN TIMES
TIMES INDIA
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