Calculate your tax liability based on India's current crypto tax regime (30% on profits + 1% TDS per transaction).
Profit: ₹0.00
Capital Gain Tax (30%): ₹0.00
TDS (1%): ₹0.00
Total Tax Liability: ₹0.00
When the Supreme Court of India issued its 2020 judgment overturning the Reserve Bank’s crypto ban, the country’s digital‑asset landscape changed overnight. Below is a plain‑English breakdown of why the ruling matters, how it shapes today’s tax and compliance regime, and what to watch for as India moves toward a full‑fledged crypto framework.
The case, officially Internet and Mobile Association of India v Reserve Bank of India (AIR2021SUPREMECOURT2720), declared the RBI’s April62018 circular “Prohibition on dealing in Virtual Currencies (VCs)” unconstitutional. The Court applied the proportionality test, concluding that a total ban was excessive because no specific legislation prohibited cryptocurrencies.
Key takeaways from the judgment:
Justice B.R. Gavai and Justice N. Kotiswar Singh emphasized that Parliament, not the judiciary, should eventually craft a nuanced framework.
Before the judgment, banks refused to open accounts for exchanges, and payment processors blocked crypto‑related transactions. Post‑ruling, platforms like WazirX and CoinDCX reported a surge of 300‑400% new registrations within months. The market valuation jumped from roughly $2billion in 2019 to over $6.6billion by 2021, making India one of the top five crypto‑adoption nations worldwide.
However, the Court’s optimism is tempered by two realities:
These factors keep India from becoming a global crypto‑innovation hub like Singapore or Switzerland.
India’s tax regime for crypto, introduced in FY2022‑23, applies a uniform 30% rate on all capital‑gain‑type income, regardless of holding period. Additionally, a 1% Tax Deducted at Source (TDS) is levied on every transaction above INR10,000 (≈$120). Failure to deduct TDS can lead to penalties of up to 10% of the transaction value.
For an individual trader, this means:
Professional tax advice is now almost mandatory for serious investors.
Jurisdiction | Legal stance on crypto trading | Tax rate on gains | Major regulatory body |
---|---|---|---|
India | Legal after Supreme Court ruling; no comprehensive law yet | 30% flat + 1% TDS | Reserve Bank of India (RBI) & Ministry of Finance |
United States | Legal; regulated by SEC, CFTC, FinCEN | Short‑term 37% (ordinary income) / Long‑term 20% (capital gains) | SEC, CFTC, IRS |
European Union (MiCA) | Legal; framework in force since 2024 | Varies by member state; average 20‑30% income tax | European Commission & National Regulators |
China | Complete ban on crypto trading and mining | N/A | People’s Bank of China |
India’s tax burden is heavier than the US or EU, but the legal environment is friendlier than China’s outright prohibition.
Reddit threads on r/CryptoCurrency and r/IndiaInvestments lit up after the 2020 decision, with users calling it a “game‑changer.” Exchanges reported a wave of onboarding, yet most traders now voice two lingering concerns:
Industry analysts note that, despite the tax hit, the sheer size of India’s user base (estimated 15‑20million in 2025) makes it a lucrative market for global crypto firms seeking entry points.
Whether you’re an individual investor or a crypto‑exchange, here’s a checklist to keep you on the right side of law and tax:
For DeFi or NFT projects, the lack of explicit guidance means you should treat them as “high‑risk” and apply stricter KYC/AML protocols.
Recent Supreme Court hearings in October2025 saw Justices Surya Kant and N. Kotiswar Singh criticize the “blind eye” approach of the Ministry of Finance. The Court has asked the government to outline a roadmap for a balanced crypto law within six months.
Key scenarios to watch:
Until a law lands, the Supreme Court’s 2020 decision remains the legal backbone for any crypto activity in India.
Yes. The 2020 Supreme Court judgment struck down the RBI’s blanket ban, making trading legal provided you follow existing KYC, AML and tax rules.
A flat 30% tax applies to any profit, regardless of holding period. Additionally, a 1% TDS is deducted on each transaction above the INR10,000 threshold.
Yes. All crypto transactions must be documented, and the net profit must be declared in your annual income tax return (ITR‑3 for individuals with business income).
Banks can now provide services to exchanges that comply with KYC/AML norms. The Supreme Court ruled the RBI’s blanket prohibition was unconstitutional, but banks still exercise due diligence.
The Supreme Court has asked the Ministry of Finance to present a detailed regulatory roadmap within six months. A revised version of the 2021 Bill or a new standalone crypto law is expected.
In short, the India Supreme Court crypto ruling unlocked the market but left investors juggling heavy taxes and regulatory gray zones. Stay on top of KYC, track every trade, and keep an eye on upcoming legislation-you’ll be ready for whatever the next legal chapter brings.
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