CA Final Paper 4 • Module 2: Assessment of Entities, Trusts & Tax Planning

Chapter 12: Taxation of Digital Transactions, Equalisation Levy & VDAs

⚡ Fast-Track High-Yield Revision Income-tax Act, 2025 & FA 2026 Ready
⚡ Fast-Track Quick Notes 📖 Full In-Depth Notes (Theory + TYKs)

1. Taxation of Virtual Digital Assets (Section 115BBH)

Under Section 2(111) and Section 115BBH, income from the transfer of any Virtual Digital Asset (Crypto, NFT, token) is taxed under a standalone regime:

Parameter Statutory Rule under Section 115BBH
Tax Rate Flat 30% (+ applicable Surcharge + 4% HEC).
Allowable Deductions Only Cost of Acquisition is deductible. Zero deduction for mining cost, electricity, internet, gas fees, or transfer commissions.
Set-off of Loss Loss from transfer of VDA CANNOT BE SET OFF against any other income (including gains from other VDAs!).
Carry Forward of Loss Loss from VDA CANNOT BE CARRIED FORWARD to subsequent assessment years.
Gift of VDA Taxable in hands of recipient u/s 56(2)(x) if aggregate FMV > ₹ 50,000.

2. TDS on Transfer of VDA (Section 194S)

Category of Payer Threshold Limit TDS Rate
Specified Person (Individual/HUF without business turnover > ₹ 1 Cr / ₹ 50L) Consideration > ₹ 50,000 in a FY 1% of consideration.
All Other Payers (Companies, LLPs, Business individuals) Consideration > ₹ 10,000 in a FY 1% of consideration.
Crypto-to-Crypto Exchange (In-kind / Barter trade) Before releasing consideration, buyer must ensure tax has been paid via advance challan. 1% on both legs of transaction.

3. Equalisation Levy Framework (Finance Act, 2016)

Category Applicable Rate Threshold & Conditions
Online Advertisement Services 6% of gross consideration Paid to Non-Resident service provider; Annual consideration exceeds ₹ 1,00,000; Service receiver is resident business or PE in India.
E-Commerce Supply or Services 2% of gross consideration Non-resident e-commerce operator; Annual consideration from Indian residents/users exceeds ₹ 2 Crores. (Sunset/rationalized).

4. E-Commerce TDS (Section 194-O)

• Payer: E-commerce Operator.
• Payee: E-commerce Participant (Seller).
• Rate: 0.1% (reduced from 1% by Finance Act) on gross sales/services amount.
• Exemption Threshold: No deduction if participant is Individual/HUF, gross amount $\le ₹ 5,00,000$ in a FY, and PAN/Aadhaar is furnished.

5. High-Frequency Exam Traps

Trap 1: Inter-VDA loss set-off is PROHIBITED!
If an assessee makes a gain of ₹ 5 Lakhs on Bitcoin and a loss of ₹ 3 Lakhs on Ethereum, tax @ 30% is payable on the ENTIRE ₹ 5 Lakhs! Set-off of ₹ 3 Lakhs loss against the gain is strictly disallowed!
Trap 2: Equalisation Levy exemption from Income-tax!
Any income arising from specified digital transactions on which Equalisation Levy is chargeable is EXEMPT from Income-tax u/s 10(50) to prevent double taxation!