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Income Tax Department Takes Strict Action Against Undisclosed Crypto Income

Published by
Qadir AK and Nidhi Kolhapur

The Income Tax Department of India has launched a major crackdown on individuals who failed to report their cryptocurrency income. Thousands have received notices, and this time, the department is armed with actual data and transaction records through its NUDGE framework (Non-Intrusive Usage of Data to Guide and Enable).

If you’ve traded, held, mined, or received crypto in any form, here’s how to stay compliant and avoid penalties.

Why Are Crypto Users Receiving Tax Notices?

In the past, the tax department sent bulk emails urging people to update their income tax returns (ITR). Now, thanks to advanced data analytics and blockchain tracing, the government is targeting those who have not reported crypto income, despite TDS being deducted under Section 194S of the Income Tax Act.

According to Ravi Sawana, Partner at Lakshmikumaran & Sridharan:

“Transactions in cryptocurrencies on which TDS has been deducted under Section 194S have not been declared in the ITR for FY 2023-24. Hence, taxpayers are being asked to update their filings.”

Search and Seizures Conducted for Crypto Tax Evasion

Some individuals have already experienced search and seizure operations. In several cases, hardware wallets were confiscated.

Priyanka Jain, Partner at Vsih & Associates, explained:

  • The department invoked Section 131 of the Income Tax Act to search premises.
  • Officials requested full disclosure of wallet holdings, mining data, foreign trading, and all transactions.
  • Despite cooperation, a follow-up notice was issued due to the department’s suspicion of underreporting.

How to Report Cryptocurrency Income in Your ITR: Step-by-Step Guide

If you’re a crypto investor, trader, or miner in India, here’s exactly how to report your crypto earnings in your Income Tax Return (ITR) and stay compliant with the law:

  1. Choose the Correct ITR Form

    Select the ITR form based on how you earn from crypto:

    ITR-2: Use this if your crypto income is from long-term or short-term capital gains (e.g., investment purposes).

    ITR-3: Use this if you’re actively trading crypto or earning from it as a business activity.

    Using the wrong form can lead to rejection or scrutiny from the tax department.

  2. Declare All Crypto Income Sources

    You must disclose all income earned through crypto, including:

    1. Buying and selling of cryptocurrencies

    2. Mining rewards (treated as income from other sources or business income)

    3. Airdrops and staking rewards

    4. Crypto received or used as payment

    5. Profits from holding or long-term investment gains

    Even small or irregular income must be reported to avoid penalties.

  3. Apply the Right Tax Rate

    All crypto income in India is taxed at a flat 30% rate under Section 115BBH, regardless of your income bracket. Additionally:

    1. No deductions (except cost of acquisition) are allowed.

    2. A surcharge and 4% health and education cess will also apply

  4. Verify TDS Deductions in Form 26AS

    Crypto exchanges are required to deduct 1% TDS (Tax Deducted at Source) on every transaction under Section 194S. You should:

    1. Download your Form 26AS from the income tax portal.

    2. Cross-check all TDS entries related to your crypto trades.

    3. Ensure all deductions are credited to your PAN account.

  5. Keep All Transaction Records

    Maintain detailed and organized records of your crypto activity, including:

    1. Wallet addresses

    2. Screenshots of transactions

    3. Exchange trading history

    4. Foreign exchange logs

    5. Details of P2P or OTC transactions

    This will help in case of audits or further inquiries by the Income Tax Department.

  6. File Before the Deadline

    Submit your ITR before the due date (usually July 31st for individuals). Filing late can attract penalties and interest, even if the tax is already paid.

Final Checklist: How to Avoid Crypto Tax Trouble in India

StepAction
1Use the correct ITR form (ITR-2 or ITR-3)
2Declare all crypto income and activity
3Apply 30% tax under Section 115BBH
4Verify TDS in Form 26AS
5Maintain complete transaction records
6File the return before the due date

FAQs

What is India’s crypto tax in 2025?

India imposes a flat 30% tax on crypto gains and a 1% TDS on transfers over ₹10,000, with no loss set-off.

Is there a regulatory body for cryptocurrency in India?

India has a multi-agency approach involving RBI, SEBI, and the Ministry of Finance to oversee various aspects of cryptocurrency.

Does SEBI regulate crypto in India?

Yes, from April 1, 2025, SEBI began monitoring crypto tokens resembling securities, aligning with a multi-agency regulatory model.

Qadir AK and Nidhi Kolhapur

Qadir Ak is the founder of Coinpedia. He has over a decade of experience writing about technology and has been covering the blockchain and cryptocurrency space since 2010. He has also interviewed a few prominent experts within the cryptocurrency space.

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