Professional Documents
Culture Documents
The - Hindu - 17 - Jan - 2022 Crypto
The - Hindu - 17 - Jan - 2022 Crypto
The - Hindu - 17 - Jan - 2022 Crypto
THE HINDU
MONDAY, JANUARY 17, 2022
DELHI
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OPED 7
Taxing cryptocurrency transactions A ‘lifeline’, animal farmed
The recent transplant of a pig’s heart into a man highlights
A streamlined tax regime is pivotal to a clear, constructive and adaptive regulatory environment the close connection between species
To begin with, the incometax body. There are concerns about the trans
laws pertaining to the crypto transac mission of pig viruses through the transplant
tions need to be made clear by incor but this barrier has also been partly over
porating detailed statutory provi come by bio protection and genetic manipu
sions. These could include provision lation. But COVID19 will regnite this debate.
of a definition for crypto assets for In what sounds somewhat dystopian,
Aastha Suman & Ishaan Sharma tax purposes and guidelines address Sanjay Nagral there are now companies breeding geneti
ing the major taxable events and in cally modified pigs in special farms for the
come forms associated with virtual express purpose of transplantation. One
Notwithstanding the eventual intro currencies. This should be followed A few days ago, from the midst of the daily such U.S.based company Revivicor supplied
duction of the Cryptocurrency and by extensive awareness generation gloom of COVID19, came uplifting news of a the pig heart for the New York transplant.
Regulation of Official Digital Curren among the taxpayers regarding the pathbreaking surgical procedure in a New Will this transplant boost xenotransplan
cy Bill in Parliament, cryptocurren same. York hospital. A pig’s heart was successfully tation? Will this mean the end of organ shor
cies continue to proliferate. In fact, a The practice of having separate transplanted into a 57yearold man dying of tage? Even the most optimistic scientists will
liberal estimate suggests that as ma mandatory disclosure requirements heart failure. The ‘xenotransplant’, as inter agree that these are still open questions but
ny as 10 crore Indians may already in tax returns (as is the case in the species transplants are called, was a remin the developed world is inching in this direc
have investments exceeding a total of Tick the box: “Since cryptocurrencies are unlike any other asset class, stored United States) should be placed on der of the endless possibilities to treat other tion. It is a matter of time before more xeno
$10 million in them. This not only and traded virtually, there are varied challenges which need to be addressed in the taxpayers as well as all the inter wise untreatable diseases. transplants are attempted. When this hap
creates an avenue for generation of order to streamline the process of taxing such transactions.” GETTY IMAGES * mediaries involved, so that crypto Transplantation to replace failing organs pens, there will be the question of whether
tax revenue for the nation but also transactions do not go unreported. is one of the spectacular achievements of the organ will function in the long term.
puts forth a Herculean challenge for taxed under capital gains, what tax evaders have been using crypto Additionally, the existing interna medicine in the last century. The number of And, whether it will transmit hitherto un
the tax authorities who have to track should be taken as the cost of acqui transactions to park their black mo tional legal framework for exchange transplants has increased, the list of organs known diseases to humans. A dying indivi
and tax transactions involving sition for the purpose of computa ney abroad and fund criminal activi of information should be streng transplanted has grown and outcomes have dual offered a xenotransplant as the only
cryptocurrencies. tion? If the acquisition cost is to be ta ties, terrorism, etc. thened to enable collecting and shar got better. But the field is also a victim of its lifesaving option may not care for such
Although the Income Tax Act, 1961 ken as the fair market value of the Fourth, the lack of third party in ing of information on cryptotransac own success as the numbers of those need questions.
(“IT Act”) does not specifically men said cryptocurrency as on date of formation on crypto transactions tions. This will go a long way in ing transplants now far outnumbers the The animal rights movement is not im
tion cryptocurrencies, it does cast a generation, how does one arrive at makes it difficult to scrutinise and linking the digital profiles of crypto availability of human organs. Both living and pressed. PETA has decried the pig heart
wide enough net to bring crypto this value? Since there is no consis identify instances of tax evasion. One currency holders with their real dead humans are being sourced as donors transplant. It said: “Animals aren’t tool
transactions under its ambit. Trading tency in the rates provided by the of the most efficient enforcement identities. but because of scientific, ethical and social sheds to be raided but complex, intelligent
in cryptocurrency may be classified cryptoexchanges, it is difficult to ar tools in the hands of Income Tax De challenges, the number of human donors re beings. It would be better for them and
as transfer of a ‘capital asset’, taxable rive at a fair market value. Converse partment is CASS or ‘computer aided Training is important mains restricted. The desperation for organs healthier for humans to leave them alone
under the head ‘capital gains’. Ho ly, there are divergent views in the scrutiny selection’ of assessments, Furthermore, the Government must also creates a fertile ground to lure the vul and seek cures using modern science.” Com
wever, if such cryptocurrencies are market treating such an income as where returns of taxpayers are se impart training to its officers in nerable to sell their organs as we witnessed ing from meateating countries, this sounds
held as stockin trade and the tax ‘business income’ or ‘other sources lected inter alia based on informa blockchain technology. In this re in the recent kidney scandal in Assam. somewhat paradoxical. The easy public ac
payer is trading in them frequently, of income’, which are taxable at indi tion gathered from third party inter gard, it may be noted that the United Given organ shortage, it is intuitive that ceptance of the pig compared to other ani
the same will attract tax under the vidual tax rate slabs (which may be mediaries such as banks. However, Nations Office on Drugs and Crime’s scientists would turn to animals. It also over mals as a source says something about our
head ‘business income’. Even if one higher than those applicable to capi cryptomarket intermediaries like ‘Cybercrime and AntiMoney Laun comes another hurdle in human to human double standards.
argues that crypto transactions do tal gains). Similarly, when a person the exchanges, wallet providers, net dering’ Section (UNODC CMLS) has transplant; one does not have to seek con There was a curious fallout of the New
not fall under the above heads, Sec receives cryptocurrency as payment work operators, miners, administra developed a unique cryptocurrency sent from an animal which can be sacrificed York case in India. The local media suddenly
tion 56 of the IT Act shall come into for rendering goods or services, how tors are unregulated and collecting training module, which can aid in for the organ. Of course not all agree with remembered the bizarre story of a heart
play, making them taxable under the should one arrive at the value of the information from them is very diffi equipping tax officers with requisite such a narrow utilitarian approach. transplant attempted by a surgeon called Ba
head ‘Other sources of income’. said currency and how should such a cult. Another consequence of this understanding of the underlying ruah in the 1990s. Some went on to describe
However, this in itself is not suffi transaction be taxed? lack of information is that the tax technologies. Tax authorities should Brief history this as the world’s first attempt. Baruah,
cient in order to put in place a simple Second, it is often tricky to identi authorities are left with hardly any also equip themselves with the latest The use of animal organs to replace diseased working out of his Guwahati clinic, had tran
yet effective taxation regime for fy the tax jurisdiction for crypto tran tools to verify any crypto transac forensic software (such as Elliptic Fo human ones is a very old idea. Some of the splanted the lung and heart of a pig into 32
cryptocurrencies. Since cryptocur sactions as taxpayers may have en tions which do get reported. They rensics Software is being used by the earliest blood transfusions were from ani yearold Purno Saikia. It was clearly a prema
rencies are unlike any other asset gaged in multiple transfers across are instead forced to fully depend on USA Internal Revenue Service and mals. Early kidney and liver transplants were ture experiment using an unsuspecting poor
class, stored and traded virtually, various countries and the cryptocur the data provided by the taxpayers. GraphSense used in the European attempted from baboons and chimpanzees Indian as a guinea pig. It ended in disaster
there are varied challenges which rencies may have been stored in on Fifth, even if the cryptomarket in Union) which can analyse a high vol as these primates were considered closest to for the patient and Baruah who was struck
need to be addressed in order to line wallets, on servers outside India. termediaries are regulated and fol ume of crypto transactions at a time humans. In the early 1960s, a surgeon called off his medical degree.
streamline the process of taxing In such cases, it becomes difficult to low Know Your Customer (KYC) and raise red flags in cases of suspi Reemtsma in New Orleans performed 13 Though somewhat shaken by COVID19,
crypto transactions. pinpoint which jurisdiction’s tax norms, there remains a scenario, cious transactions. chimpanzee to human kidney transplants. humanity’s desire to prolong life at all costs
laws would become applicable and where physical cash or other goods/ It is certain that cryptocurrencies One of the recipients, a schoolteacher, went is a given. An increasingly common cause of
Varied interpretations what kind of tax treatment would be services may change hands in return are here to stay. A streamlined tax re back to work and lived for 90 days. However, death and suffering is end stage failure of
First, the absence of explicit tax pro effected especially in light of various for cryptocurrencies. Such transac gime will be essential in the formula most of these transplants failed and were critical organs (heart and liver). And since
visions has led to uncertainty and va nations having differing tax treat tions are hard to trace and only vo tion of a clear, constructive and gradually given up. new organs replace failing ones successfully,
ried interpretations being adopted in ment for crypto assets including im luntary disclosures from the parties adaptive regulatory environment for The interest in pigs as a source of human we will continue to widen the net for sourc
relation to mode of computation, ap position of a general ban on them. involved or a search/survey opera cryptocurrencies. organs is recent. There are several reasons ing them. But in our quest towards immor
plicable tax head and tax rates, loss Third, the identities of taxpayers tion may reveal the tax evaders. why scientists have now zoomed in on these tality, recent events show that in good and
and carry forward, etc. For instance, who transact with cryptocurrencies While the aforementioned chal Aastha Suman is in the Indian Revenue otherwise shunned creatures as a source. bad ways, our lives depend not only on other
the head of income under which remain anonymous. Each crypto ad lenges provide enough food for Service, posted as Deputy Commissioner of One interesting reason is that in the western humans but also on other species cohabiting
Income Tax, Karnataka and Goa. Ishaan
trading of self generated cryptocur dress comprises a string of alphanu thought to policymakers, certain world, it is socially more acceptable to breed the planet; all creatures big and small.
Sharma is in the Indian Railway Accounts
rency (currencies which are created meric characters and not the per steps can be taken to provide a ro Service, posted as Divisional Finance pigs for this purpose. From a scientific view
by mining, acquired by air drop, etc.) son’s real identity, giving tax evaders bust mechanism for taxing crypto Manager, Bengaluru Division, South Western point, pigs are genetically modifiable to re Dr. Sanjay Nagral is a surgeon and writer based
is to be taxed is unclear. If these are a cloak of invisibility. Exploiting this, transactions going forward. Railways. The views expressed are personal duce the chances of rejection by the human in Mumbai
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STATE OF PLAY CCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCC CCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCC
DATA POINT
Super-spreaders in the making FROM THE ARCHIVES
Holding the famed rooster fights in the midst of FIFTY YEARS AGO JANUARY 17, 1972
the COVID19 pandemic is cause for concern Nepal recognises Bangla
Appaji Reddem youth. Officially, the State reported Kathmandu, Jan. 16.
over 3,000 COVID19 positive cases Nepal today extended recognition to
The rapid spread of Omicron in the on Wednesday, but the actual figure Bangla Desh. A Nepalese Foreign Ministry
third wave of the COVID19 pandemic could be several times higher given announcement this afternoon said that Ne
does not appear to have deterred the potential for underreporting. pal has recognised Bangla Desh as a sove
communities in coastal Andhra Pra On the ground, a festive mood is reign, independent State and the Govern
desh from going ahead with the re visible around the arrangements for ment of the Peoples Republic of Bangla Desh
nowned threeday rooster fights held arenas in all districts. Thousands of as its “de jure” Government.
on the eve of the Sankranthi festival people working in other States have The spokesman clarified that Nepal want
that began on January 14. Despite returned home and toll plazas on ed to continue to have friendly relations with
court orders and directives of the highways are seeing serpentine lines Pakistan.
need for ‘strict vigilance’, the holding of vehicles. The Andhra Pradesh Nepal is the eighth country so far to recog
of this bloodsport now might turn State Department has made arrange nise Bangla Desh. The others are Bhutan,
out to be a COVID19 super spreader ments for thousands of ‘festival spe East Germany, Poland, Bulgaria, Mongolia
event — lakhs of people are expected cial’ buses to clear the rush. But, no and Burma, besides India.
as participants and spectators. special ar rangement or social dis Nepal is about 25 km from Bangladesh’s
tancing is facili north western borders.
High stakes, a huge draw tated in the The Bangla Desh Relief Committee of Ne
In the hoary tradition of rooster special buses and pal in a statement welcomed the decision as
fights, sharp knives are fitted to the trains either. a wise and significant step.
legs of two roosters. The birds Festivals, customs The former Home Minister and leader of
are then egged on to and traditions form an the outlawed Nepali Congress Party, Mr. S.P.
fight till one surren integral part of society but in Upadhya, expressed satisfaction that “the
ders or dies. High the name of a festive spirit and Nepalese Government took a formidable
stakes and big bets frenzy, the larger cause of public and wise decision, keeping in view the na
are common, esti health has clearly been sacrificed. tional interests.” Observers in Kathmandu
mated to run into The second wave of COVID19 felt the recognition was an attempt by Nepal
crores of rupees. The bets claimed the lives of many due to ne to safeguard its trade route through Bangla
often go beyond money and can gligence and a lack of COVID19 ap Desh from Radhikapur.
involve agricultural land, houses, propriate behaviour. It appears that A spokesperson for the West German Fo
cars, and other properties. While the public memory may be too short reign Ministry today issued a statement in
main attraction is the bird fights, it is even this time and caution may be Bonn “deploring” the establishment of di
the associated gambling and liquor cast to the wind in public places, the plomatic relations between East Germany
trade that draw in large crowds. use of transport facilities and in the and Bangla Desh.
While the sport is common in al way gatherings are arranged. The The Yugoslav Government was consider
most all the districts, it is a highpro cost of flouting COVID19 protocols ing the question of granting recognition to
file game in East and West Godavari, could be very high. The police have Bangla Desh, according to its ConsulGener
Krishna, and Guntur as senior politi already booked hundreds of cases, al in Dacca, Mr. Mirke Zec. Mr. Mirke Zec
cians, cine actors, heads of big busi seized money, knives, roosters and called on Sheikh Mujibur Rehman yesterday.
nesses and even NRIs take part. The even taken people into custody but — UNI and AFP.
annual event pulls in people from have been unable to restrict the ar
even Telangana, Karnataka and Ta rangements due to support from pol A HUNDRED YEARS AGO JANUARY 17, 1922
mil Nadu. In most constituencies, lo itical leaders and businessmen.
cal leaders host the arenas. The broader COVID19related res Everest expedition
In a sense, rooster fighting is an trictions might help reduce the risk (Reuter’s Agency)
open secret in the State. Huge cu of overcrowding associated with the London, Jan. 11.
touts and banners are made ready to fights becoming ‘superspreaders’. Lecturing at Queens Hall last night Mr.
welcome celebrity participants. Ar The State Government has issued or Mallory, leader of the Everest expedition,
rangements related to arenas, tents, ders to impose a night curfew from 11 discussed the prospects of ever climbing the
seating and parking begin several p.m. to 5 a.m., valid till January 31. mountain. He said that one of the worst ob
weeks ahead. Restaurants and hotels While larger gatherings, including stacles was the steep snow slope close to the
can expect brisk business and pricing congregations, marriages and reli summit. He thought this year’s party would
is on the high side due to the high de gious events have been restricted to be more fortunate in regard to the weather
mand for accommodation and food. 200 participants each and night ac than last years. It should start early and get
The bird fights continue late into the tivity banned, some orders were re to work before the monsoon. He considered
night, under floodlights. vised and the restrictions put off till that last year’s expedition proved the possi
In this instance of the raging pan January 18, a day after Sankranthi. bility of men carrying loads at 23,000 feet
demic, there is concern from a public and it might be possible by relaying coolies
health perspective as most of the par and giving two coolies to one load to get
ticipants are breadwinners and appaji.r@thehindu.co.in them to a height of 26,000 feet.
CM M ND-NDE
YK