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NFTs

Crypto in India: Unregulated on Paper, Enforced in Practice

Last updated: February 8, 2026 12:30 am
Published: 3 months ago
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Users face 30% tax on gains, 1% TDS per transaction, and non-reporting is flagged using analytics.

India has created a crypto puzzle that confuses traders worldwide.

The government doesn’t regulate digital assets. There’s no legal framework governing their use. Yet enforcement agencies track every rupee that moves through crypto platforms.

This contradiction defines India’s approach. Authorities monitor transactions aggressively while avoiding formal recognition. They tax heavily but won’t legitimize the industry. The result? A thriving market operating in perpetual uncertainty.

The numbers tell a stark story. India’s Enforcement Directorate has seized over ₹4,200 crore in crypto-related cases. Multiple arrests have followed these crackdowns. This happened without any official crypto regulation on the books.

Every platform operating in India must register with the Financial Intelligence Unit. KYC requirements are non-negotiable. Anti-money laundering protocols get enforced strictly. Record-keeping standards mirror those of traditional banks.

The Prevention of Money Laundering Act covers all suspicious crypto transactions.

Platforms report unusual activity just like conventional financial institutions. This creates a shadow regulatory system that operates through enforcement rather than legislation.

Tax authorities have built an even tighter net. They impose a punishing 30% tax on all crypto gains. Every single transaction triggers a 1% TDS deduction. Data analytics track users who try to skip reporting. Exchange data gets cross-referenced against tax filings.

The Reserve Bank continues issuing warnings about crypto risks.

Banks receive regular cautions about their exposure to digital assets. Yet major exchanges like Binance, CoinDCX, Coinbase, and Zebpay operate freely after government registration.

Transaction patterns evolve daily in the crypto world. Ravi Agrawal acknowledges this reality. As chairman of the Central Board of Direct Taxes, he told Reuters his team needs constant updates.

Technology moves faster than policy can follow. New products emerge before regulators understand the old ones. Agrawal’s team is now engaging directly with cryptocurrency exchanges. They want real-time insights into emerging trading patterns.

Crypto derivatives currently escape India’s tax net. That won’t last long. Agrawal said these products need careful study. The government will move cautiously before setting policy on such sensitive instruments.

This approach reflects India’s broader strategy.

Reuters reported last year that tax laws serve as deliberate deterrents. The government wants to discourage speculative trading without outright bans. They maintain partial oversight while avoiding full regulation.

New Delhi fears the consequences of mainstream acceptance. Bringing crypto assets fully into the system could create systemic risks. So they’ve chosen a middle path that satisfies neither traders nor regulators completely.

Meanwhile, India and the United States announced a trade framework. The interim agreement marks progress toward a full Bilateral Trade Agreement. Negotiations for the complete BTA launched in February 2025.

The deal dramatically reduces trade friction between both nations. US tariffs on Indian goods will drop from roughly 50% to about 18%. India will cut or eliminate tariffs on American industrial products, agricultural items, wine, and spirits.

India has committed to purchasing up to $500 billion in US goods over five years.

Energy products, aircraft parts, precious metals, and technology items top the shopping list. Coking coal also features prominently.

Both countries agreed to address long-standing non-tariff barriers. Medical devices and ICT products have faced obstacles for years. Standards and conformity procedures will get streamlined. Technical barriers for exporters should decrease.

The agreement strengthens cooperation on supply chain resilience and economic security. Both nations committed to tackling discriminatory digital trade practices. Robust digital trade rules will feature in the full BTA negotiations.

Some US tariff exemptions could arrive after the interim agreement takes effect. Pharmaceuticals might qualify. Gems, diamonds, and aircraft parts could also see relief.

Bitcoin reached record highs in October 2024.

Global acceptance of cryptocurrencies surged after Donald Trump’s January 2025 inauguration. The world’s largest crypto asset by market capitalization benefited from renewed optimism.

However, Bitcoin has retreated from those peaks. Market volatility continues despite presidential endorsements. India watches these developments while maintaining its peculiar stance.

Parliament recently clarified the government’s position. Crypto, virtual digital assets, and NFTs remain unregulated.

But they sit firmly within the enforcement net. Monitoring happens through multiple government agencies simultaneously.

This creates an unusual operating environment. Traders function legally but face constant compliance pressure. Platforms invest heavily in regulatory technology despite no formal rules.

The industry grows while living under perpetual threat of policy changes.

India’s approach may seem contradictory.

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