Bitcoin Community in India organizing itself

Countering the recent enforcement enquiries on two of the Bitcon traders in Ahmedabad and one in Tumkur/Bangalore, some of the operators in Bitcoin community have tried to organize themselves into an interest group so as to take up their case with the regulators.

In this connection it appears that one such group “Bitcoin Alliance of India” lead by Satvik Vishwanath who was the main organzier of the recent Global Bitcoin conference in India is conducting a press conference in Mumbai on 4th of January 2014. Mr Nishit Desai an advocate of Mumbai is assisting the group. The group has also given a press release to explain the Bitcoin concept for the information of the regulators.

A copy of the press release is available here: 

In addition to this Bitcoin Alliance there is another group “Bitcoin Foundation of India” guided by Mr Pavan Duggal in Delhi.

Certain persons are also in touch with the undersigned in Bangalore and organizing themselves as another group.

It is good that many stakeholders have shown interest in getting together and representing their cause to the regulators. In due course these different groups may find a way to coordinate their activity in the form of a federation.

In the meantime while Naavi will provide his assistance to any group which seeks assistance, personal focus for Naavi will be to develop a private regulatory framework for Bitcoin operators which ultimately helps the regulators to find a way to work with the industry in a mutually beneficial manner.

Naavi beilieves that there is a need for two types of Bitcoin related group activity. The first would be an alliance to support the business promotion. The present alliances fall into this category. The second type of a group of professionals who may presently be not associated with the Bitcoin industry but are otherwise involved in Finance, Technology and Law.  This “Techno Legal Financial Group” is considered desirable to develop the “Voluntary Regulatory Framework” for Bitcoin operators such as “Miners”, “Traders”, “Merchants”, “Exchange Gateways” and any other service providers.

The objective is to ensure that the regulators and the community would be able to find a middle path that is beneficial to the economy. To his extent this group should be able to work with both the commercial alliances as well as the regulators. A suitable format for such a set up is being contemplated.

P.S: Naavi has been invited to be a member of Bitcoin Alliance of India. However he is not yet a member as reported in the The Hindu.

Naavi

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Effect of Bitcoins on floating currency

While RBI is trying to formulate regulations for the Bitcoin, it is time to start thinking of the benefits of India formally recognizing the Bitcoin as a currency of exchange.

According to coinmarketcap.com, the total market capitalization of Bitcoins today is about US$ 9.35 billion or roughly around  Rs 50000 crores.

At present there are 181 official currencies of different countries of the world and following represents the amount of currency circulation in different monetary zones (Source: http://www.marketoracle.co.uk/Article11576.html)

Country/Union Currency Code Amount
(Billion US$)
Percent of all Circulating Currency
European Union EUR 1035.2 24.30%
United States USD 850.7 19.97%
Japan JPY 762.4 17.90%
China CNY 492.3 11.56%
India INR 140.3 3.29%
Russia RUR 110.8 2.60%
United Kingdom GBP 87.5 2.05%
Canada CAD 43.8 1.03%
Switzerland CHF 40.3 0.95%
Poland PLN 37.7 0.89%
Brazil BRL 37.3 0.88%
Mexico MXN 34.3 0.81%
Australia AUD 32.4 0.76%
Others (89) 554.9 13.03%

It may be observed that the total value of Bitcoins amounting to less than US $ 10 billion is around 0.25% of the total currency circulation. Out of this what may be in circulation is much less and what may come for circulation within India today and even in future  is very negligible.

Before Indian economists jump at the threat of Bitcoins to the Indian Currency system they need to take a look at this data.

Naavi

Related Articles:

The Economic Case for Bitcoin

Mapping Bitcoin Adoption: A Global Perspective In 11 Graphs

Distribution of Bitcoin transactions by country/exchange

Bitcoin Currency Surpasses 20 National Currencies In Total Value

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Government Sops in India and Bitcoins

One of the arguments of Bitcoin community is that the fiat currencies which carry the backing of a Government are being produced without any consideration to the inflationary aspects. After the de-linking of the Gold standard, the supply of fiat currency has become an administrative decision of the political party in power. With deficit budgeting being the order of the day, each year large quantities of currency are simply printed out from the Government mints and released to the market. Additionally, in countries like India, fake currencies printed in Pakistan also enter circulation. As a result the inflation becomes uncontrollable.

The latest development in India that adds to this inflationary push is the decision of the Aam Admi Party (AAP) in Delhi to provide electricity subsidy. So far other political parties have been doling out TVs, laptops, free power to agriculturists etc. Now AAP has introduced competitive sop distribution to the cities also. This will be as dangerous as the policy of division of the society based on castes with Mr V.P.Singh introduced into the Indian politics.

With some Congress members demanding a similar subsidy in Mumbai, it is likely that many other Governments may consider free power as a part other political agenda. With the Lok Sabha elections due in 2014, it is expected that there will be many more Sops announced by ruling parties in all states to attract the voters.

Already the populist schemes such as the Food Security Bill has drained the resources of the Government completely. Now with the fresh bout of sops for the urban population spearheaded by AAP, the supply side of currencies is completely under political influence and there is no limit to the new stock of currencies that will reach the Indian markets by 2015.

In this context the Crypto Currency system which comes with a cap on the total stock assumes a special value.  However it must be remembered that while each crypto currency comes with a cap dictated by the respective protocol, there could be no limit on the number of Crypto coins that may come into the market. However it is not going to be easy for different crypto coins to gain the critical acceptability of the community to gain in status as a credible currency. Bitcoins which has already established a certain level of credibility has only 9 million more units to be mined across the globe. This “limitation” may itself contribute significantly to the increase in the value of Bitcoins in the coming days.

Naavi

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Electronic Frauds in Banks.. New guidelines to benefit Customers

The year 2014 has started with some good news for Bank fraud vicitms. According to today’s Economic Times, it is stated that the new code released by the Banking Codes and Standards Board of India (BCSBI) states that

“Customers will have to be compensated for electronic frauds unless the bank can prove the fraud occurred due to negligence on part of the client”

See the Article

This is to be considered as a positive development for the reason that this narrows down the defense of the bank in avoiding the liability through litigation.

Further this may reopen the opportunity for customers to approach the Banking Ombudsman since non compliance of the BCSBI code could be a cause of action for the Ombudsman to intervene. Earlier the Banking Ombudsman was reluctant to take up the complaints on the ground that it involved a Cyber Crime and required evaluation of complicated digital evidence.

According to BCSBI, “The revised code says that if the customer incurs any direct loss due to a security breach of the Internet banking system that is not contributed or caused by the customer, the bank will bear the loss, unless it is able to establish that the customer is guilty.” 

The revised code which will be effective from January 2014   also  says banks will be responsible for any acts of omission and commission committed by business correspondents.

Naavi has been personally fighting for such mandate for several years now and Banks such as ICICI Bank and Axis Bank have been frustrating his efforts through litigation. These guidelines therefore come as a big relief.

Naavi

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Income Tax Considerations in Bitcoins

One of the doubts that the Bitcoin community in India face is its taxability. They wonder how will the Income Tax department treat Bitcoin transactions for tax purpose.

While it is the prerogative of the Income Tax department to interpret the taxability in whatever manner they think fit, our views on the same are as follows.

1. A Merchant receiving Bitcoins as revenue:

When a merchant receives Bitcoins either online or offline in exchange of his services, the Bitcoins will become part of his revenue. In the event he converts it into Rupees before the end of the financial year, the realized value may be booked just like any rupee sales.

If there is a  time gap between the date of sale and the date of conversion, the value of the Bitcoin might have varied during this period and it is open to the IT (Income Tax) department to treat the value on the date of sale as the realized sale proceeds and the difference upto the date of conversion as “investment profit/loss”. There can therefore be a business revenue and short term gain or loss on investment.

In other words, if the seller has a quote for his services in Rupees as on the date of the sale, the IT department can consider it as the “Notional Sale Value” and the difference in the  actual realized sale value as short term gain/loss.

In case the merchant does not convert the Bitcoin holding into rupees before the end of the financial year, he may declare it as an “Inventory” of “Stocks” and value it in terms of rupees using any of the exchange rates available in major Bitcoin exchanges. If IT department wants to be harsh, it may take the highest quote of the day for valuation. If they are reasonable, they may accept the weighted average price of a basket of quotes from top exchanges. The constitution of the basket needs to be decided.

The Merchants may file their returns on the basis of the US dollar quote from MtGox converting the dollar to rupee as per their Banker’s dollar purchase rate and let the department dispute the valuation if they want.

If a trader receives Bitcoins and then sells it in an exchange and realizes a foreign currency and then converts the foreign currency back to rupees, the transaction may be deemed as an “Export”. The exchange will be paying in fiat currency on behalf of the buyer though the choice of the exchange was that of the Merchant.

This transaction may have similarity to a situation where a buyer says “I will receive the goods through a courier but the Merchant can decide on which courier to use”. A delivery of goods in such case will be acceptable as a constructive delivery when the goods are handed over to the courier by a Merchant. Similarly the trader uses MtGox at his choice for exchange of Bitcoins to dollars but Mt Gox may be deemed to exchange the Bitcoins to dollars at the instance of the buyer rather than the Merchant.

2. Traders/Investors

Trading in Bitcoins is like any other commodity trading and the profits and loss are computed on the basis of cost of purchase plus related expenses and the realized or realizable value (as discussed in the previous paragraph).

If a person buys Bitcoins by paying in any currency other than Rupee, then it would amount to an “Import” of Bitcoins. To the extent Bitcoin may not be in the restricted list of imports it may be considered that the import does not require specific license. However the call has to be taken by the Authorized dealer who coverts the rupee to the foreign currency.

3. Miners

Mining of Bitcoins is deemed as a “Production Activity”. It will generate Bitcoin stocks which will have realizable value as discussed earlier. There will be a cost of production that includes direct expenses if any and the depreciation of computers and other resources used.

If the mined coins are sold, it may be either a domestic sale or an export. If it is held as inventory at the end of the financial year, then the usual rules regarding advance taxation based on the realizable value or on cash basis on sale can be adopted.

Probably more clarity will emerge as the days go by.

Naavi

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Year 2013 in retrospect

The year 2013 ended with an intense debate on Bitcoins the virtual currency system that caused lot of ripples in the market. over the last one month, Naavi.org has been full of discussions on Bitcoin to the extent that discussions on other aspects of Cyber Law actually receded to the background.

However if we try to trace the developments on Cyber Law in India during the last year, the following points emerge.

1. Debate on Section 66A:

The controversy on Sec 66A continued during the year ending with a direction from the ministry of communications and information technology that no arrests should be made without the permission of higher officials in the department. Though the reference in the Supreme Court on the constitutional validity of Section 66A is still pending, there has not been any adverse news about the misuse of Section 66A.

2. Karnataka as Cyber Crime Haven

Another issue that on which lot of activity took place but remained unresolved through out the year was the status of Cyber Judiciary in Karnataka. After the December 27, 2011 when the then adjudicator gave out a judicial verdict holding that a “Company” can either be the complainant or an accused under Section 43 of ITA 2000/8, the undersigned has been fighting to get the order reversed. Though the next IT Secretary briefly reopened the case, Axis Bank managed to silence him with a vacation judge’s order of the Karnataka High Court. The Cyber Appellate Tribunal has registered the appeal but has no chair person to conduct proceedings since our Ministry in the center is not interested in appointing anybody but a chosen person who is not acceptable to the Chief justice of India. The Chief Ministers of the State are not concerned that the net effect of this development is that a cyber criminal cannot be prosecuted in Karnataka for most of the violations. Recently a writ has been filed by an advocate in Karnataka High Court to resolve the issue. Probably we may find a solution one way or the other for this imbroglio  in 2014.

In comparison, the Maharashtra adjudicator Mr Rajesh Agarwal was very active through out the year and decided on scores of cases.

3. Frauds on Exporters and  Importers

During the year the Exporters and Importers in India were specifically targetted with an e-mail based attack where the money due to be paid out to a designated business contact abroad or receivable from such a business contact was diverted to fraudster’s accounts. The amounts involved were huge and in most cases the losses have not been recovered since the fraudster is abroad.

4. E Banking Safety

Naavi continued his efforts on campaigning for better safety of E Banking and conducted workshops at RBI as well as some Banks.  During the year RBI also announced the possibility of new Banking licenses to be announced and Naavi has been bringing to the attention of RBI that the technology dependence of Banks is on the increase and it is time to make Cyber Crime Insurance mandatory at least for the new banking licencees.

During the year RBI also tried to issue new regulations which would Dis-Incentivize” the use of cheques and force public to resort to E Banking. Naavi conducted an intense campaign against the proposal which subsequently did not see the light of the day during the year. Hopefully the proposal has been dropped.

5. Bitcoins

Finally during the end of the year the Global Bitcoin conference that was held in Bangalore on December 15 2013 focussed the attention of the entire country on the phenomenon of Cryptocoins. However the publicity attracted adverse attention of the regulators and Enforcement Directorate and Income Tax authorities raided a number of Bitcoin operators in Ahmedabad and Tumkur and launched some enquiries. The full impact of this development will pay out in the next year and may have a huge impact on the Netizens.

The above is just a glimpse of some of the developments and I invite those who are interested to know the details to explore the site further.

In the meantime Naavi.org wishes all its readers a Happy and prosperous New Year.

Naavi

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