**Executive Summary**
This document is a response to an unstarred question in Lok Sabha concerning the regulation of cryptocurrency in India and its use in routing black money. The Minister of State in the Ministry of Finance clarifies that crypto-assets/Virtual Digital Assets (VDAs) are currently unregulated due to their borderless nature and the need for international collaboration. The response also details actions taken to address tax evasion and money laundering related to VDAs.
**Key Points / Main Content**
* **Regulation of Crypto-assets/VDAs:**
* Crypto-assets/Virtual Digital Assets (VDAs) are unregulated in India.
* The government does not collect data on VDAs.
* Regulation requires strong international coordination due to the borderless nature of these assets.
* **Tax Evasion Measures:**
* The Central Board of Direct Taxes (CBDT) has detected tax evasion linked to VDAs.
* The Income Tax Department takes action as per the Income Tax Act, 1961, including taxpayer nudging, e-verification, reassessment, survey, and seizure.
* Undisclosed income of Rs 888.82 crore from VDA transactions has been identified during search and seizure operations.
* 44,057 communications have been sent to taxpayers who invested/traded in VDAs but did not report these in Income Tax Returns (ITRs) as part of the NUDGE campaign.
* Data analytics tools are used to match VDA transactions with disclosures in ITRs and TDS returns to identify discrepancies.
* **Money Laundering Prevention:**
* VDAs are under the Prevention of Money Laundering Act (PMLA), 2002, making VASPs Reporting Entities.
* VASPs are required to submit specified and suspicious transaction reports to FIU-IND.
* The Enforcement Directorate has investigated crypto-related cases under PMLA, attaching/seizing/freezing proceeds of crime worth Rs. 4189.89 crore, arresting 29 persons, and filing 22 prosecution complaints.
* The Prohibition of Benami Property Transactions Act, 1988, and the Black Money (Undisclosed Foreign Income and Assets) and Imposition of Tax Act, 2015, apply to VDAs.
* **Capacity Building:**
* The government is undertaking capacity-building initiatives for monitoring and investigating VDA-related transactions.
* Training programs, workshops, Chintan Shivirs and sessions on digital forensics, blockchain analysis, legal frameworks and digital evidence are regularly conducted.
* Officers receive specialised short-term training in digital forensics through NFSU, Goa.
**Impact Analysis**
**VASPs (Virtual Asset Service Providers)**
*Impact:*
VASPs are now Reporting Entities under the PMLA, 2002.
*Action Required:*
VASPs must submit specified and suspicious transaction reports to FIU-IND.
**Taxpayers investing/trading in VDAs:**
*Impact:*
Taxpayers who have invested or traded in VDAs face increased scrutiny to ensure proper tax reporting.
*Action Required:*
Taxpayers must accurately report VDA transactions in their Income Tax Returns (ITRs).
Key Entities Referenced
Virtual Digital Assets (VDAs): Subject of regulatory discussion and monitoring for tax evasion and money laundering.
Ministry of Finance: The primary government body responsible for handling the policy and regulatory aspects related to crypto currency.
Prevention of Money Laundering Act (PMLA), 2002: Act under which VDAs have been brought, making VASPs Reporting Entities.
Income Tax Act, 1961: Act under which the Income Tax Department takes action against tax evasion related to VDAs.
Central Board of Direct Taxes (CBDT): Department detecting tax evasion linked to crypto currency and VDAs.
GOVERNMENT OF INDIA
MINISTRY OF FINANCE
DEPARTMENT OF ECONOMIC AFFAIRS
LOK SABHA
UNSTARRED QUESTION NO. 1366
TO BE ANSWERED ON 08.12.2025/ 17 Agrahayana, 1947 (Saka)
Black Money in Crypto Currency
1366. Shri Anand Bhadauria:
Will the Minister of Finance be pleased to state:
(a) whether Government has issued Regulations governing crypto currency in the
country;
(b) if so, the details thereof and if not, the reasons for allowing USD 15 billion Indian
crypto industry to operate without regulation;
(c) whether the Government is aware that large scale flow of black money is routed
through crypto currency, if so, the details thereof; and
(d) the details of action taken by the Government to monitor black money in crypto
exchanges and to regulate the crypto currencies in the country?
ANSWER
MINISTER OF STATE IN THE MINISTRY OF FINANCE
(SHRI PANKAJ CHAUDHARY)
(a) to (b): Crypto-assets/Virtual Digital Assets (VDAs) are unregulated in India, and
the government does not collect data on them. As these assets are inherently
borderless, they require strong international coordination to prevent regulatory arbitrage.
Therefore, any regulatory framework for crypto assets can be effective only with
significant international collaboration on the evaluation of the risks and benefits and the
evaluation of common taxonomy and standards.
(c) to (d): Cases of tax evasion linked to crypto currency and VDAs have been
detected by the Central Board of Direct Taxes (CBDT) on multiple occasions, and theIncome Tax Department takes action as per the Income Tax Act, 1961. Wherever tax
evasion is detected, necessary action, such as nudging taxpayers, e-verification,
reassessment, survey, or search and seizure, is taken. During search and seizure
operations, undisclosed income from VDA transactions of Rs 888.82 crore has been
identified. Under the CBDT’s NUDGE (Non-Intrusive Usage of Data to Guide and
Enable) campaign, 44,057 communications have been sent to taxpayers who invested
or traded in VDAs but did not report these in Schedule VDA of their Income Tax Returns
(ITRs). Data analytics tools, Project Insight and internal databases are used to match
information on VDA transactions with disclosures in ITRs. TDS returns filed by Virtual
Asset Service Providers (VASPs) and taxpayers’ ITRs are also analysed to identify
discrepancies and take appropriate action.
The Government has brought VDAs under the Prevention of Money Laundering
(PMLA), 2002, making VASPs Reporting Entities and required to submit specified and
suspicious transaction reports to FIU-IND. These reports are analysed and shared with
law enforcement agencies for further action. The Enforcement Directorate has
investigated several crypto-related cases under PMLA, attaching/seizing/freezing
proceeds of crime worth Rs. 4189.89 crore, arresting 29 persons, and filing 22
prosecution complaints. One accused has been declared a Fugitive Economic Offender.
The Prohibition of Benami Property Transactions Act, 1988, and the Black Money
(Undisclosed Foreign Income and Assets) and Imposition of Tax Act, 2015, apply to all
assets, including VDAs. The Benami Act enables prosecution where assets, including
VDAs, are held benami, and the Black Money Act enables action against undisclosed
foreign assets, including VDAs.
The Government is also undertaking capacity-building initiatives to strengthen
monitoring and investigation of VDA-related transactions. Training programmes,
workshops, Chintan Shivirs and sessions on digital forensics, blockchain analysis, legal
frameworks and digital evidence are regularly conducted. Officers also receive
specialised short-term training in digital forensics through NFSU, Goa, to help identify
and trace VDA-linked transactions from captured data.