Maresh Crypto Currency
Maresh Crypto Currency
Nowadays, there is a vast and fast development in cryptocurrencies. Bitcoin is one of them
which is most popular and known as first decentralized currency.
The legal status of Bitcoin varies substantially from country to country and is still undefined
or changing in many of them. This paper mainly covers working with Bitcoin in India. Bitcoin
transactions are anonymous and most secure but on the other hand they fail to protect
consumers because of lack of regulations. Also the use of cryptocurrencies is very less because
of lack of its awareness and vendors. This paper also coveres the legality and regulatory
framework with respect to Bitcoins in India.
As a virtual currency and peer-to-peer payment system, Bitcoin may signal future challenges
to state oversight and financial powers.
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CHAPTER- 1
INTRODUCTION
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WHAT IS MONEY ? :
Money is one of the most valuable and sought after commodities in the world. Most people
interact with money in nearly every facet of their life, whether a person intends to go to the
hairdresser, buy groceries or invest in a home, money is necessary in the modern economy for
transactions for goods and services. Money has had many forms in human history with the
oldest form of money being bartering. Without any official currency people would directly
trade one good for another, such as trading a horse for a cow. This form of money however is
very inefficient as the odds of finding someone that required a horse for the exact same good
that the other person required are quite low. Clearly a medium of exchange needed to be
developed. A medium of exchange acts as an intermediary instrument in order to make trading
more efficient. During the time of bartering this would include some easily traded goods like
weapons or animal skins. It was sometime around 600 B.C. that the first official currency was
minted.
Minted currency used to be made from a mixture of silver and gold which were stamped with
a picture to denote the face value of the coin. These coins were minted by Lydia’s (in today’s
Turkey) King Alyattes and it increased the countries trade significantly resulting in the empire
becoming one of the richest in Asia Minor. Around 600 B.C. the Chinese started developing
paper money and moving away from coins, however it took Europeans a much longer time to
start using paper money. Eventually banks would make bank notes for people to carry around
instead of coins which had their value backed up in silver or gold coins. (Beattie, A. 2015.)
Little by little printed paper money, as we know it today, became the norm.
This way money eliminates the problems with bartering and acts as a stable medium of
exchange. Pricing goods and services, and trading, becomes much easier and more convenient
when everyone accepts the same money as currency. In today’s economy the main source of
money is fiat money, a legal tender protected by a government using regulations and laws that
create the much needed trust in money and thus creates its value. Fiat money is supplied by a
countries central bank which maintains the stability and supply of currency through its
monetary policy. With increasing technology and innovation new types of money have been
invented.
Since societies transitioned from a barter economy to using a money as a medium of exchange,
individuals have tried to devise systems that allow for rational ways to exchange value. In order
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to help make goods and services commensurable the Greek philosopher Aristotle came up with
four criteria that help to dictate what is considered to be ‘good money’ (Lee, 2009):
1. It must be durable
2. It must be portable
3. It must be divisible
One of the most controversial new innovations of money are Cryptocurrencies, a form of
internet currency often called digital money or cyber currency. The most important feature of
cryptocurrency is that it is not issued by a central bank, nor is it protected by regulations or
law, making it impervious to government interference. The most widely known and
controversial cryptocurrency is Bitcoin, which was launched in 2009. As Bitcoin is the most
widely known and used cryptocurrency in the world, the subject matter of this paper will largely
focus on Bitcoin. (Cryptocurrency, 2015) What is cryptocurrency and Bitcoin, why does it have
value, what is its future outlook and could it become an established mainstream currency?
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DEFINING THE CRYPTOCURRENCY
A bitcoin is a virtual currency first introduced in the year 2008 by an anonymous group called
Satoshi Nakamoto. It’s an open source peer-to-peer cryptographical system (direct connections
without an intermediary) where transactions happen through a public ledger called blockchain,
handling users’ data anonymously. Eight years since its introduction, bitcoin is today the most
widely used and accepted digital currency.
Bitcoins are the most sought after cryptocurrency in the market. However there are several
other currencies which have gained momentum ever since the concept has been introduced.
Below are some other of crypto currencies that exist:
1. Ethereum – Ethereum is the second most famous name in the virtual currency market. It
somewhat similar to the concept of bitcoins however it possesses some additional attributes. It
is purely a block chain based platform. What makes it special is the Ethereum Virtual Machine.
The blockcain in ethereum is used not to store the data of the transaction but to make sure
smooth run of a decentralized application.
2. Ripple – Ripple is more in the nature of a payment protocol created and developed by a
company named Ripple, which is based on the concept of Real time Gross Settlement. It was
initially released in the year 2012.
3. NEM – Similar to bitcoin, NEM is also a peer-to-peer blockchain platform launched in the
year 2015. It uses the unique Proof-of-Importance algorithm , a way to validate transactions
and achieve the distributed concensus.
4. Litecoin – Initially introduced in the year 2011, litecoin is mostly identical to bitcoin. What
makes it stand out is the use of Segregated Witness and the Lightning Network. Some other
cryptocurrencies are bbqcoins and dogecoins which have not gained much significance due to
their technical shortcomings and inability to stand out.
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In 2009, a white paper was published online under the name Satoshi Nakamoto (probably a
pseudonym), proposing a new solution for something that some Internet enthusiasts had been
looking forward to since the beginning of the Internet: A form of digital cash that functions
based on principles dear to libertarian strands of the Internet community – non-state
administered, decentralized (“peer to peer”) and open source based. In this strand of thought,
cryptography and anonymous transaction systems are seen as important instruments to defend
privacy and freedom in the digital age. With trust in the monetary and financial system
shattered by the crisis, Nakamoto’s proposal was taken up in 2009 and implemented by a
significant number of supporters.
TYPES OF CRYPTOCURRENCY
1) Litecoin (LTC)
Litecoin, launched in the year 2011, was among the initial cryptocurrencies following bitcoin
and was often referred to as ‘silver to Bitcoin’s gold.’ It was created by Charlie Lee, a MIT
graduate and former Google engineer. Litecoin is based on an open source global payment
network that is not controlled by any central authority and uses "scrypt" as a proof of work,
which can be decoded with the help of CPUs of consumer grade. Although Litecoin is like
Bitcoin in many ways, it has a faster block generation rate and hence offers a faster transaction
confirmation. Other than developers, there are a growing number of merchants who accept
Litecoin.
2) Ethereum (ETH)
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market capitalization of $41.4 billion, second after Bitcoin among all
cryptocurrencies. (Related reading: The First-Ever Ethereum IRA is a Game-Changer)
3) Zcash (ZEC)
Zcash, a decentralized and open-source cryptocurrency launched in the latter part of 2016,
looks promising. “If Bitcoin is like http for money, Zcash is https," is how Zcash defines itself.
Zcash offers privacy and selective transparency of transactions. Thus, like https, Zcash claims
to provide extra security or privacy where all transactions are recorded and published on a
blockchain, but details such as the sender, recipient, and amount remain private. Zcash offers
its users the choice of ‘shielded’ transactions, which allow for content to be encrypted using
advanced cryptographic technique or zero-knowledge proof construction called a zk-SNARK
developed by its team. (Related reading, see: What Is Zcash?)
4) Dash
Dash (originally known as Darkcoin) is a more secretive version of Bitcoin. Dash offers more
anonymity as it works on a decentralized mastercode network that makes transactions almost
untraceably. Launched in January 2014, Dash experienced an increasing fan following in a
short span of time. This cryptocurrency was created and developed by Evan Duffield and can
be mined using a CPU or GPU. In March 2015, ‘Darkcoin’ was rebranded to Dash, which
stands for Digital Cash and operates under the ticker – DASH. The rebranding didn't change
any of its technological features such as Darksend, InstantX. (Related reading, see: Top
Alternative Investments for Retirement)
5) Ripple (XRP)
Ripple is a real-time global settlement network that offers instant, certain and low-cost
international payments. Ripple “enables banks to settle cross-border payments in real time,
with end-to-end transparency, and at lower costs.” Released in 2012, Ripple currency has a
market capitalization of $1.26 billion. Ripple’s consensus ledger -- its method of conformation
-- doesn’t need mining, a feature that deviates from bitcoin and altcoins. Since Ripple’s
structure doesn't require mining, it reduces the usage of computing power, and minimizes
network latency. Ripple believes that ‘distributing value is a powerful way to incentivize
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certain behaviors’ and thus currently plans to distribute XRP primarily “through business
development deals, incentives to liquidity providers who offer tighter spreads for payments,
and selling XRP to institutional buyers interested in investing in XRP.”
6 Monero (XMR)
Monero is a secure, private and untraceable currency. This open source cryptocurrency was
launched in April 2014 and soon spiked great interest among the cryptography community and
enthusiasts. The development of this cryptocurrency is completely donation-based and
community-driven. Monero has been launched with a strong focus on decentralization and
scalability, and enables complete privacy by using a special technique called ‘ring signatures.’
With this technique, there appears a group of cryptographic signatures including at least one
real participant – but since they all appear valid, the real one cannot be isolated.
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2140 according to a specified time path. However, as the reward to miners will be reduced over
time, more than 99% of all bitcoins will have been mined in about 2032. In mid-October 2014,
more than 13 million bitcoins were in circulation. Once new bitcoin units are in the possession
of a member (apart from mining, bitcoins can be acquired on exchanges or by selling goods or
services in exchange for bitcoins), they can be kept or spent if other members accept them as
payment in a transaction, or exchanged for official currencies.
Bitcoins are stored in anonymous addresses in the form of strings containing numbers and
letters, equipped with two complementary keys, one public and one private. The public key
can be compared to the account number of a bank account, and the private key to the PIN to
access such account. If A wants to send a payment to B, A needs B’s public key and encrypts
a certain sum of bitcoins with B’s public key and A’s private key, so that only B can decrypt
the payment and make use of the sum. To transmit the payment and, at the same time, to
guarantee that A has not spent the same electronic string of numbers on another occasion
(double spending), the transaction partners rely on the network. It performs the functions that
payment intermediaries fulfill in conventional payment processes.
Every ten minutes new payment transaction orders are collected by the system and are verified
by the system supporters. To this end, new transactions are recorded in a public ledger called
blockchain that comprises all transactions ever operated in the Bitcoin system. By comparing
the new bitcoin payment orders with the history of all previous orders, the legitimacy and
accuracy of the orders are verified. For various technical reasons, a bitcoin transaction can only
be considered secure after a number of confirmations in the Bitcoin network. The incentive for
network members to participate in the verification process is the above mentioned mining
process. The mathematical problem to be solved to gain newly created bitcoins or transaction
fees depends also on information about the previous blockchain and transaction. Mining for
bitcoins therefore also helps check that new transaction orders are legitimate and adds these
new transactions to the blockchain.
Theoretically, the system offers an innovative method for solving the problem of producing
agreements among mutually distrustful parties. Technically, this process consumes significant
amounts of computing power and electricity. Competition among miners has led to continuous
innovation and investment in computer processing power. Consequently, entry barriers have
risen as well, given the cost of computer hardware and energy, which entails the risk of
increasing concentration in mining. Over time, it will be increasingly inconvenient to save the
ever growing blockchain. Fewer supporters might therefore be willing to support public record
keeping, which would weaken the network and make it more vulnerable to attack. Bitcoin
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mining continuously drives up energy consumption, and given low energy efficiency, energy
consumption per transaction is high. In the following section there are some descriptions of
some keywords related to the Bitcoin technology.
A. Blockchain
All Bitcoin transactions that have ever been executed are stored in a public ledger called
blockchain. The size of the blockchain is constantly growing as 'completed' blocks are added
to it with a new set of recordings. The blocks are added to the blockchain in a linear,
chronological order. Each user who is connected to the Bitcoin network and performs the task
of validating and relaying transactions gets the copy of the blockchain. It has complete
information about the address and their balances right from the genesis block to the most recent
completed block. Since it stands as proof of all the transactions on the network it is seen as a
main technological innovation of Bitcoin. The blocks are not randomly placed in the
blockchain, they are linked to each other like a chain with every block containing a hash of
previous block. The final digital signature in a given chain will be that of the current holder of
a bitcoin amount and the holder will be recognized by the network by a random but unique
string of characters which is the user’s public address.
B. Bitcoin Mining
It is the process by which verified the bitcoin transactions and information about those
transactions is stored in the blockchain. It is also a process through which the new bitcoins are
released. Anyone who can access through the internet and has suitable hardware can take part
in the mining. The mining process involves compiling recent transactions into blocks and trying
to solve a computationally difficult puzzle. . The participant who first solves the puzzle gets 25
BTC as reward. Bitcoin miners stored the information of the transactions in the block and verify
them if the transaction is valid or not, if it is valid then select the header of the most recent
block and insert it into the new block as a hash. After that solve the proof of work problem
when the solution is found the new block is added to the local block chain and circulate to the
network.
C. Bitcoin Wallet
Bitcoins are stored in the Bitcoin wallet. A wallet is a randomly generated string of numbers
which consists two parts: the public key and private key. The first half of the Bitcoin wallet is
known as public key and the second half of the Bitcoin wallet is known as privet key. The
public key of the wallet is known to all. But the private key is intended only to the wallet owner.
Only the wallet owner can access the private key. If anyone gets a hold of private key of any
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other user’s, they will have access to all their bitcoins. There are three different types of
Wallets.
Online Wallet: It is used to store the digital keys on the Web. It means that Bitcoin wallet is
stored not on the computer, but on some faraway server of service provider. The main
advantage of online wallet is that it enables the users to enter the wallet in any place of the
world. Considered safe, but still susceptible to network failures and hacking. Someone can take
measures to increase security.
Local Wallets or Offline Wallets: A local wallet is an application that can be downloaded to
the personal computer. Private Keys are stored locally on the hard drive. Considered safe, yet
is important to make backups of the private keys in case that hard drive fails. Also carries a
risk of hacking or physical theft.
Paper Wallets: A paper wallet is a public/private key that is generated offline and printed on a
physical piece of paper and then stored in a safe location. Arguably the most secure way to
store your BTC. No record of the private key online or your hard drive. It is impossible to be
hacked. They are still susceptible to theft, fire and water damage.
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miners following the procedures of the Bitcoin protocol (engaging in competition to solve
problems, with the byproduct being the confirmation and recording of the payment transfer).
As mentioned before, Bitcoin miners incur substantial costs for hardware and electricity. Stiffer
competition and greater complexity of the problem to be solved imply a continuous upgrade of
computing power and increased electricity use. Miners incur that cost without charging
substantial fees to customers because successful miners are rewarded with new units of the
remaining bitcoin stock. So, the cost advantage for customers is based on systematic cross
subsidization of the payment system by the currency creation process.
Cross-subsidization may also be evident in traditional payment systems: Many banks, for
instance, allow customers to make payments free of charge, recovering costs through profits in
other areas. Most credit card operators charge merchants per-payment fees, while customers –
apart from a lump-sum annual charge – do not pay extra for individual payments. In cash
payments, important logistical costs are borne by central banks and by ATM operators.
While there is no fixed charge for bitcoin payments, users can and do offer small fees to miners.
Because there is no obligation for miners to include all payments in their calculation, more
resourceful miners can be incentivized to include a payment when a fee is offered, thereby
increasing the speed of transaction for customers. Currently, transaction fees are of minor
importance. Calculations with data from [Link] show that less than 1% of miners’
revenues are from transaction fees. However, while successful miners are currently rewarded
with 12.5 newly issued bitcoins, this amount will decrease to about 0.78 bitcoins in 2032 (when
about 90% of all bitcoins will have been mined). Whether miners will be able to recover their
costs with such a reward, will depend on the bitcoin’s market value and the production costs.
The reward will eventually drop to zero in 2140 when the whole bitcoin stock will have been
put into circulation. Hence, eventually miners will have to fully recover their costs from
customer fees. Because all payment transfers are preceded by a race, where many competitors
attempt to solve the same task, the marginal costs in the Bitcoin system for verifying
transactions is higher than in centralized payment systems. All this implies that the price
advantage of bitcoin payments is not based on a cost advantage and is a transitory phenomenon
only. Moreover, if Bitcoin is merely used as a payment vehicle, the costs of exchanging legal
tender currency for bitcoins and back must be added.
Another important question is whether users of Bitcoin are exposed to risks. Bitcoin, which
does not eliminate financial and operational risks to customers, rather implies a transfer of risks
to the individual. The Bitcoin system’s efforts to ensure the integrity of the payment system
concentrate on counterfeit control and securing anonymity. Bitcoin attempts to digitally mimic
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cash in terms of anonymity, payment finality, transaction costs and decentralized operation of
transfers. To prevent double spending, a public record of all transactions is kept against which
every new transaction is checked. As long as users manage to prevent detection of address
ownership by outside observers, transactions can remain anonymous. Anonymity in
transactions could make the system suitable for money laundering, tax evasion and the
purchase of illicit goods and services. While other payment systems (apart from cash) do not
support such anonymity, they typically offer payment services as part of a bundle of services.
For example, banks offer deposit taking, account keeping, proof of payment services and
chargeback facilities together with payment services. In the Bitcoin system, these services are
unbundled. The core infrastructure only offers one-way payment transfers and counterfeit
checks. Related services must either be purchased from third-party providers or be provided by
users themselves. In light of the anonymous and decentralized nature of payment transfers in
Bitcoin, there is no intermediary to reverse payments that were made erroneously or where
counterparties did not fulfill their obligations in return. Consumers who want their money back
have to pay for third-party escrow services or go to court in the case of complaints, provided
anonymity does not prevent such measures.
Merchants, on the other hand, might be inclined to perceive the lack of chargeback risks as an
advantage. They may also benefit from the lower Bitcoin fees compared with card payment
services, where they usually bear the brunt of fees. Also, accepting bitcoins might serve as a
marketing move to attract additional customers and profit from the public attention the project
receives. The “no chargeback” feature of Bitcoin and the elimination of merchant fees involved
in credit card payments favor merchants. In contrast, consumers face a comparably higher risk
of non-delivery, and may or may not be offered discounts by merchants to share in their fee
advantage. In any case, these considerations apply mainly to online businesses.
In offline retail commerce, undue waiting times result from the fact that a bitcoin transaction
can only be considered secure after six confirmations in the Bitcoin network. This can be
expected to take up to one hour, which may in many cases be longer than customers are
prepared to wait for payment to be completed. In Bitcoin, users must store their holdings either
on their own computer or in wallets provided by third-party service providers. Currently, the
latter are private startups not (yet) subject to bank-like regulation and the associated safety nets.
Bitcoin users are therefore subject to risks from loss, theft and fraud of their holdings to a
greater degree than with established service providers.
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In February 2014, [Link], the biggest Bitcoin trading platform at that time, had to close after
significant amounts of user holdings had been reported to be lost or stolen. Furthermore, there
are significant risks and costs involved in exchanging bitcoins for official currency. As there is
no market maker, being able to buy and sell bitcoins depends on finding a transaction partner
on one of the private exchange platforms online. The exchange rate is very volatile, and the
market is rather illiquid. Exchange charges can be in the order of a few percent. Many
exchanges closed after a few months, with at least one involving severe losses for users.
Although various exchanges coexist, there are rarely any arbitrage opportunities, as these are
outweighed by the cost of moving funds between exchanges.
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payment denominated in the official unit of account. The need to maintain the ability to keep
the promise underlying these claims serves as a major disciplining device for the issuers.
While Bitcoin represents one of many private means of payment, it entails three peculiarities:
It introduces a separate unit of account, it has no single and identified issuer and its quantity is
ultimately fixed once and for all. Built around the model of gold, the bitcoin is a pure asset not
related to credit creation processes. It has no central issuer and does not represent anybody’s
liability. This implies that its quantity cannot be adjusted to variations in demand, and it does
not come with anybody’s promise to convert it into official currency at a certain rate. Given its
operation based on cryptographic mechanisms described above, the term “cryptocurrency” has
been introduced to characterize Bitcoin type systems.
Bitcoin governance is not completely decentralized: There is the Bitcoin Foundation, which
describes its tasks as standardization (e.g. funding the Bitcoin infrastructure, including a core
development team), protection (e.g. maintenance, improvement and legal protection of the
integrity of the technical protocol underlying the operation of Bitcoin) and promotion of the
Bitcoin system, but does not represent the issuer of the currency. The latter is replaced by a
decentralized process of mining as described above. The Foundation is based on voluntary
membership, whose voting and other rights depend on the size of the fee (based on four
membership classes with different rights). Whereas central banks’ role in the monetary and
payment system is based on a legal mandate of the polity of the currency area and its ability to
issue currency, the Bitcoin Foundation lacks such ingredients and therefore cannot fulfill the
role of a central bank.
Indeed, deliberately designing a system without a central bank is one of the cornerstones of the
Bitcoin concept. Being nobody’s liability is a feature the bitcoin shares with gold. But in
contrast to gold, which is customarily used for various products (e.g. electronics, industry,
dental fillings or jewelry) and has a commodity value, the bitcoin has no use value other than
serving its role in the Bitcoin system. Therefore its value is determined only by the subjective
valuation of users, exhibiting substantial volatility in terms of official currency. The fixed
increase, up to a predefined final level, of supply makes demand effects dominant. This has led
some observers to invoke the “greater fool theory” as basis for the bitcoin’s valuation.
Economists in the tradition of Friedrich A. Hayek have called for the abolition of the prevailing
monetary system in favor of competing private units of account. Such a conception entails a
number of problems, however. A newly introduced rival private unit of account is at a huge
disadvantage against an established unit, all the more if it has an unstable exchange rate against
the official unit of account. A unit of account is subject to significant network effects, which
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entails switching costs for users. If a merchant were to start to price goods and services in
bitcoin, she would incur substantial exchange rate and conversion risks. With inputs and taxes
being priced in official currency, bitcoin income from sales would have to be at least partially
converted into official currency. But their value would fluctuate in terms of the official
currency according to the daily exchange rate, and conversion costs would accrue.
As a result, while there are a number of online merchants accepting bitcoins in payment, none
of them is known to use the bitcoin as a unit of account. Instead, prices are fixed in official
currency and bitcoin prices are adjusted according to the bitcoin’s fluctuating exchange rate,
possibly including additional costs for the conversion spread. While several (mainly online)
merchants accept payment in bitcoin and the Bitcoin network has attracted a significant number
of payment transactions, there are strong reasons to suspect that bitcoins are not widely used
as a means of payment. Due to the anonymity of transactions, no direct observation on the
motives underlying bitcoin payments is possible. But the fixed supply of bitcoins is designed
to attract users with the promise of value appreciation in the face of growing demand. Whereas
official currency is managed with a view to serving as a stable store of value over the short and
medium term, Bitcoin builds on the promise of long-term value appreciation, not stability. In
the short term, it even exhibits extraordinary volatility in comparison with most other financial
assets. There is no market maker willing or able to ensure the stability usually expected from a
currency by users. Rather than a store of value, the bitcoin can be better characterized as a
speculative asset. In light of this, economic incentives for hoarding are far greater than
incentives for spending bitcoins. Exceptions are transactions where using official currency is
not applicable or disadvantageous (e.g. illicit transactions and small-denomination online
payments).
A number of cryptocurrencies have emerged in the wake of Bitcoin, most of them modeled
after the latter with small variations in design. If there were an emerging market for
cryptocurrency as a substitute for money, network effects would entail a winner takes-it-all
dynamic. But although Bitcoin was the first and is by far the largest network in terms of market
capitalization, several hundred competitors have since then been established by various entities
and some have succeeded in gathering some support. This could be considered evidence that
the financial asset function is a more prominent motive than currency adoption among users.
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The Bitcoin craze is catching on in India. While tech geeks and young investors eye the digital
cryptocurrency as its value soars, the government, too, is contemplating a course of action
surrounding its regulation. In a move expected to boost financial inclusion, the Department of
Economic Affairs in the Ministry of Finance in India has formed an inter-disciplinary
committee to examine the framework on virtual currencies. In addition, the government
initiated a discussion on its forum My Government to seek public opinion on virtual currencies.
Clearly, despite some initial reservations, the Indian government is keen on understanding how
Bitcoin works and is willing to deploy resources to build frameworks. So, if Bitcoins are
legalized in India, the following would happen: (i) Bitcoins would fall under the purview of
RBI’s 1934 Act.
(ii) Bitcoin investors would be taxed.
(iii) RBI would issue guidelines regarding investment and purchase of Bitcoins.
(iv) If any foreign payment is made through Bitcoins, it would fall under the purview of FEMA
Act.
(v) Returns from investment in Bitcoins would be taxed.
Interestingly, the news comes around the same time when the Bitcoin trade analyst, Chris
Burniske, highlighted that trades from India accounted for 10% of global cryptocurrency trade,
in May. He tweeted a chart tracking cryptocurrency trades that show India accounted for
16,754.76 coins by trade volume. It has also been ranked fourth on the Bitcoin cryptocurrency
trading market.
Over the past few years, despite the lack of regulations in the Indian digital currency industry,
a few Bitcoin exchanges have sprung up and started operating with self-regulated trading
platforms with strict Know Your Customer (KYC) and anti-money laundering systems in place.
These include startups like Zebpay, Coinsecure and Unocoin. These startups have also raised
funding from investors and have slowly been building faith in the Bitcoin and digital currency
sector despite skepticism from the government. Blockchains which have the potential to
transform how bank back-end operations function as well as increasing the speed of payments.
The bank said that with its potential to fight counterfeiting, the blockchain is likely to bring
about a major transformation in the functioning of financial markets, collateral identification,
and payments systems.
In December 2015, former RBI Governor Raghuram Rajan had stated that digital currency was
‘fascinating’ and that India’s central bank could use digital currencies. He had said, “I have no
doubt, that down the line, we will be moving towards primarily a cashless society and we’ll
have some kind of currencies like this which will be at work.” But in February this year, the
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RBI issued a cautionary press release, on the back of an earlier one issued in December 2013.
The release warned users of the risk they are likely to already be aware of. Namely, that the
RBI does not regulate and has not licensed any virtual currencies in India. Hence, anyone using
them does so at their own risk. A month later, on March 1, 2017, RBI Deputy Governor R.
Gandhi also raised concerns over virtual currencies. He said that cryptocurrency poses potential
financial, legal, customer protection and security related risks. Blockchain technology Most
cryptocurrencies are based on blockchain technology. In simple terms, it is a system to transfer
and store data or information that is generated while transacting in a cryptocurrency. A recent
Whitepaper on Blockchain has broken down the concept of blockchain technology in detail.
As per the paper, “a Blockchain may be described as a tamper-evident ledger shared within a
network of entities, where the ledger holds a record of transactions between the entities. To
achieve tamper-evidence in the ledger, Blockchain exploits cryptographic hash functions.”
Blockchain technology is at the heart of how cryptocurrencies work. It helps to evade any
possibility of fraud and makes any kind of tampering infeasible for the users. It is a support
system for the encrypted currency, whereby the transactions are recorded and stored on the
ledger. So even if the users are anonymous, it still becomes difficult for anyone to possibly
change the data without involving other members on the network.
Bitcoin Pricing
Since pricing in bitcoin transactions is demand based, it is exceptionally volatile. Volumes of
trading happen every second. The price of a bitcoin is largely dependent on the trading i.e.
demand and supply factors. More the demand, higher is the price.
The prices remained under the range of US$ 300 until late 2015 In the following year, around
June 2016, in a positive hunch, the price rose to US$ 755. After March 2017 the prices have
only increased. The more than 11 percent decline marked the lowest price observed on the BPI
since Nov. 26 when bitcoin hit a low of $8,757 However, the price soon rebounded, with buy
orders beginning to appear again around $9,300, according to exchange data service
BitcoinWisdom.
Chart 1.1
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Following similar trend, price of bitcoin in Indian crypto-market has recently gained remarkably
in recent months.
Chart 1.2
When bitcoin crossed above $10,000 late last year, it was seen as a watershed moment for the
cryptocurrency, which is moving from the fringes to a mainstream force that Wall Street and
venture capital have to confront.
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Toronto’s housing market, dubbed one of the riskiest housing bubble cities by UBS Group AG,
has slumped over the past few months amid government rules and harsher mortgage guidelines
aimed at curbing demand. That’s coincided with a sharp increase in supply with new listings
up 37 per cent from a year earlier. Yet, the data are now indicating the lower prices have also
begun to boost demand and fuel sales.
Market Capitalisation of bitcoins
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Market capitalization of bitcoin as on 8 June 2017 has been computed to come up at US$
46,476,054,493, while the maximum supply in the market is limited to 21,000,000 BTC as of
now.
Bitcoin Exchanges
Typically, a bitcoin exchange is a business platform that facilitates exchange of bitcoins for another
currency including a fiat currency, thereby allowing the users to trade and make profit. Bitcoin
exchanges quickly spread in the market in early 2011, as more and more people started exchanging
bitcoins, mostly for speculative purposes. Given the high volatility and a ready market without any
regulatory intervention, people find it suitable to trade, invest and hold and make profits out of the
same.
Also bitcoins are not backed by any particular asset or security, because of which its value is not
driven by any factor but demand and supply in the market.
Business Model
Not much later after the inception of bitcoins, bitcoins exchanges quickly spread into the market.
Since then several bitcoin exchanges in India and elsewhere have come into picture.
At a preliminary level, a bitcoin exchange is simply a common platform to the users for the purpose
of buying and selling while matching mutual needs, in order to earn profits.
For instance take an idea of a stock exchange, where a person has an account and he buys stock,
by paying consideration in money, from a person who wants to sell it. Stock exchanges provide a
place for buyers and sellers where they can trade. On similar lines, a bitcoin exchange works by
essentially providing ‘service’ to its users, however unlike stock trading where a broker may as
well come into picture and charge commission in return for his services, in case of bitcoin
exchanges, there is no third party involvement, this service is provided by the exchange itself which
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thereby charges commission for the trade conducted and earns revenue. A basic business model of
a bitcoin exchange is reiterated in the chart below. (Chart 6.1 below)
The model explained above is the basic model adopted by most of the exchanges operating in
the market. In addition to trading services in bitcoins, these exchanges also facilitate the users
to hold or own bitcoins, for which they provide the basic service of arranging a wallet which
is nothing but an account.
Services provided by bitcoin exchanges in India
Amongst the plethora of services (including core and non-core services and including those
driven by profit or not) provided by different exchanges in India, following are the services
that are common in the market:
1. Storing bitcoin in a bitcoin wallet after deposit/receipt of the same in the wallet.
3. A Merchant gateway service used to pay to merchants in bitcoins and acceptance by them
thereon.
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4. Mobile application providing ease of accessing bitcoin wallets.
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Data above forms part of the volume in trading over exchanges outside India since 2011 till
Jan 2017. Similar to the Indian trends, it is evident from chart 6.3 above that trading volumes
spiked during 2016 and 2017.
▪ Either bitcoin has to be physical and movable, and fungible. It is movable and fungible but
not physical.
▪ Electronic money or digital cash may include bitcoin but then it needs a legal backing from
an authorized entity, which is not the case in India as of now.
Legal and Taxation Issues
Regulatory Status in India
The Reserve Bank of India has neither declared bitcoins as illegal in India nor has it accepted
bitcoins as a currency. The RBI has only stated the risks that are associated with virtual
currencies and cautioned that people dealing in it should do so at their own risk.
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exchange and promissory notes, credit cards or such other similar instruments, as may be
notified by the Reserve Bank, as per Section 2(h) of Foreign Exchange Management Act, 1999
As is evident from the above definition, bitcoin doesn’t fit in any of the illustrative names,
however if RBI wants, it can certainly notify it to be included in the above definition.
RBI hasn’t notified bitcoin as legal tender in India and therefore it couldn’t be termed as real
currency for the time being.
Coins?
Provisions under law:
Coins in India are governed by the Coinage Act, 2011.
Section 2(a): "coin" means any coin which is made of any metal or any other material stamped
by the Government or any other authority empowered by the Government in this behalf and
which is a legal tender including commemorative coin and Government of India one rupee
note.
Explanation.--For the removal of doubts, it is hereby clarified that a "coin" does not include
the credit card, debit card, postal order and e-money issued by any bank, post office or financial
institution; (b) "commemorative coin" means any coin stamped by the Government or any other
authority empowered by the Government in this behalf to commemorate any specific occasion
or event and expressed in Indian currency;
On study of above, bitcoin is certainly not metal or even any other material for that matter.
Moreover, it’s not legal tender. If it was to become e-money in the near future, still it could not
be coin as per the Coinage Act, since e-money is specifically excluded from the above
definition. Consequently, bitcoins cannot be considered as coins now or in the days to come.
Online transactions in bitcoin and FEMA
If one transacts into export/import transactions in bitcoin, the provisions of FEMA will get
attracted. Transactions in FEMA are categorized as ‘Current account transaction’ and ‘Capital
account transaction’. First we analyze current account transactions defined under FEMA
(Section 2(j)). A “current account transaction” means “a transaction other than a capital account
transaction and without prejudice to the generality of the foregoing such transaction includes,—
(i) payments due in connection with foreign trade, other current business, services, and short-
term banking and credit facilities in the ordinary course of business,
(ii) payments due as interest on loans and as net income from investments,
(iii) remittances for living expenses of parents, spouse and children residing abroad, and
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(iv) expenses in connection with foreign travel, education and medical care of parents, spouse
and children;”
Highlighting ‘a transaction other than a capital account transaction’ from the above definition,
capital account transaction (Section 2(e)) means “a transaction which alters the assets or
liabilities, including contingent liabilities, outside India of persons resident in India or assets
or liabilities in India of persons resident outside India, and includes transactions referred to in
sub-section (3) of section 6; Section 6(3) of FEMA lists out the following:
(a) transfer or issue of any foreign security by a person resident in India; ; (c) transfer or issue
of any security or foreign security by any branch, office or agency in India of a person
resident outside India;
(d) any borrowing or lending in foreign exchange in whatever form or by whatever name called;
(e) any borrowing or lending in rupees in whatever form or by whatever name called between
a person resident in India and a person resident outside India;
(f) deposits between persons resident in India and persons resident outside India;
(g) export, import or holding of currency or currency notes;
(h) transfer of immovable property outside India, other than a lease exceeding five years, by a
person resident in India;
(i) acquisition or transfer of immovable property in India, other than a lease not exceeding five
years, by a person resident outside India;
(j) giving of a guarantee or surety in respect of any debt, obligation or other liability incurred—
(i) by a person resident in India and owed to a person resident outside India; or
(ii) by a person resident outside India.”
Whether foreign trade in bitcoins will be treated as a current account transaction or a capital
account transaction depends on assessment of whether bitcoin is a ‘good’ or an ‘asset’.
As already discussed, we prefer not to call bitcoins a good. If it is not a good, then foreign
transactions in bitcoin shall be treated as capital account transactions. Thus, such transactions
are not allowed unless there is explicit nod from the RBI.
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Is it possible to buy goods or services in India and make payment in bitcoins? Certain
companies in India are accepting bitcoins as payment against purchase of goods or services.
Even if as per the Reserve Bank of India Act, 1934 (“the Act”), payment made in legal tender
is a valid discharge of an obligation or debt one has towards a payee, the Act however does not
specifically exclude any other form of consideration. Meaning thereby that any form of
payment other than legal tender in India is allowed since it is not prohibited specifically, subject
to the condition that there is consensus between the parties involved.
Is it possible to export and receive payment in bitcoins? Any international transaction which
involves payment or receipt shall attract the provisions of FEMA and rules made there under.
If one was to export outside the Indian territory and receive payment in bitcoin, one shall first
examine what bitcoins shall be treated as, for that matter. Foreign Exchange Management
(Manner of Receipt and Payment) Regulations, 2016 clearly specify the modes of payment in
different cases.
Regulation 3(2) of these Regulations state the following:
“(a) In respect of an export from India, receipt shall be made in a currency appropriate to the
place of final destination as mentioned in the declaration form irrespective of the country of
residence of the buyer.
(b) Any other mode of receipt of export proceeds for an export from India in accordance with
the directions issued by the Reserve Bank of India to authorized dealers from time to time.”
Bitcoins are not legal tender in India, by virtue of which, they are not recognised as real
currency. Also, RBI hasn’t directed anything pertaining to receipt of bitcoins for such
transactions.
Clearly, this leads one to the conclusion that anyone cannot receive bitcoins as a manner of
receipt for any exports made outside India.
Is it possible to import and remit payment in bitcoins? Regulation 6(1) states that:
“(1) Notwithstanding anything contained in Regulation 5, a person resident in India may make
payment for import of goods in foreign exchange through an international card held by him/ in
rupees from international credit card/ debit card through the credit/ debit card servicing bank
in India against the charge slip signed by the importer/ as prescribed by Reserve Bank from
time to time.”
What is “foreign exchange”? Section 2(n) of FEMA defines foreign exchange as, “foreign
exchange” means foreign currency and includes,— (i) deposits, credits and balances payable
in any foreign currency, (ii) drafts, travelers, cheques, letters of credit or bills of exchange,
expressed or drawn in Indian currency but payable in any foreign currency, (iii) drafts,
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travellers cheques, letters of credit or bills of exchange drawn by banks, institutions or persons
outside India, but payable in Indian currency; ”
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thereunder segregating between few countries and others, where payment also includes in some
cases, the payment made in any freely convertible cuurency
To understand the word ‘freely convertible currency’, one shall look into the definition of
‘permitted currency’ in detail defined under EXCHANGE CONTROL MANUAL- Permitted
Currencies and Methods of [Link] states that “the expression 'permitted currency' is used
in the Manual to indicate a foreign currency which is freely convertible i.e. a currency which
is permitted by the rules and regulations of the country concerned to be converted into major
reserve currencies like U.S. Dollar, Pound Sterling and for which a fairly active market exists
for dealings against the major currencies. Accordingly, authorised dealers may maintain
balances and positions in any permitted currency. Authorised dealers may also maintain
positions in Euro of the European Currency Area.”
Considering above, if bitcoins are treated as a freely convertible currency only in case it is
declared to be currency under any foreign legislature, the payment made will be covered under
the above regulations, thereby categorizing bitcoins as foreign exchange.
If it’s a virtual currency, could bitcoin be treated as property?
Bitcoin is not currency in general parlance but is treated as a virtual currency. In a notice dated
March 25, 2014, the Internal Revenue Service, Washington stated that virtual currency is
treated as property for U.S. federal tax purposes. To apply the same concept India, first has to
be examined the definition of property. As per Section 29(c) of Benami Transactions
(Prohibitions) Act, 1988, property means property of any kind, whether movable or
immovable, tangible or intangible, and includes any right or interest in such property.
❖ This is an inclusive definition of property, where both movable and immovable properties
are included. Bitcoin is movable and intangible thus it can be called a property as per this
definition. However, any idea to levy tax on it as a property will require extensive reasoning
and research.
The Supreme Court of India discussed the expression ‘property’ in detail. ‘Property’ is said to
be understood in a vast and expansive manner. To start with, one can say that property includes
everything that has an extendable value. It includes the item in question and all rights and
liabilities associated with it. An element which is material to the expression is ‘ownership’.
While the property has all interests in it, it is the ownership that lets the owner exercise such
interest, where the interest extends to doing everything, an owner is capable of doing to exercise
his right in the property.
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➢ Is it a movable property? Sale of Goods Act does not define movable property. It is however
defined in the General Clauses Act, 1897. As per which, movable property shall mean property
of every description, except immovable property. Bitcoin is not immovable. So, yes. It may be
called movable.
➢ Is it an actionable claim or money? No. It does not impose a claim on anybody, so it is not
an actionable claim. And, precisely, since it is not legal tender, it is not money even though it
represents value in money.
Goods
Under Indian law, Sale of Goods Act, 1939 defines ‘goods’ u/s 2(7)12. Accordingly, “Goods”
means every kind of movable property other than actionable claims and money; and includes
stock and shares, growing crops, grass, and things attached to or forming part of the land which
are agreed to be severed before sale or under the contract of sale. To answer whether bitcoin is
a good or not, first, we shall answer the following questions:
One important aspect for any item to be a good is that it should have an intrinsic value in itself.
While bitcoins might fall under the term ‘goods’ as per Sale of Goods Act, 1930 but it does not
seem to have any value in itself-- in other words it does not have any value or attribute which
could be the reason why people would buy for its own sake. People would buy bitcoins to store
value but to trade and earn profits. It is not bitcoin that has fundamental value, but the
transactions in it which help earn something. Therefore, to categorize bitcoins as ‘goods’, will
be an incorrect stance to take.
Digital Goods
Similar to digital currency, we have digital goods and virtual goods respectively. Digital goods
are goods existing in electronic format. Examples could be e-books, e-newspapers, internet
coupons, online traded instruments, e-tickets, downloadable software, mobile apps, etc. For
bitcoin to become a digital good, it has to have the respective features. If we analyze, we find
that bitcoin is being used to buy digital goods, in that way it becomes a medium of exchange
to purchase digital goods rather than being a digital good itself.
Under Foreign Exchange Management Act, 1999 (‘FEMA’)
Given its attributes, the closest we could define bitcoin as is ‘virtual currency’ or more
particularly ‘cryptocurrency’. As far as FEMA is considered, there can be two possible
scenarios:
When there is no regulatory framework: Section 2(h) of the Act defines ‘currency’. RBI hasn’t
declared bitcoins to fall under that definition. Then there’s ‘foreign currency’. Section 2(m)
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defines, ““foreign currency” means any currency other than Indian currency”. Now what is
Indian currency? FEMA (Section 2(q))also defines Indian currency. Accordingly, ‘“Indian
currency” means currency which is expressed or drawn in Indian rupees but does not include
special bank notes and special one rupee notes issued under section 28A of the Reserve Bank
of India Act, 1934 (2 of 1934)’. When there is a regulatory framework: As mentioned before,
the RBI can explicitly declare bitcoins to be currency; in this case it would fall under the
definition of foreign currency and be dealt with accordingly.
However, the present situation is such where bitcoin doesn’t fall in any of the above definitions.
So, it does not cleanly fall into the category of foreign currency as per FEMA as it does not
qualify to be currency as per the same Act—the RBI would have to explicitly notify it to be
such in the first place.
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(d) any borrowing or lending in foreign exchange in whatever form or by whatever name called;
(e) any borrowing or lending in rupees in whatever form or by whatever name called between
a person resident in India and a person resident outside India;
(f) deposits between persons resident in India and persons resident outside India;
(g) export, import or holding of currency or currency notes;
(h) transfer of immovable property outside India, other than a lease exceeding five years, by a
person resident in India;
(i) acquisition or transfer of immovable property in India, other than a lease not exceeding five
years, by a person resident outside India;
(j) giving of a guarantee or surety in respect of any debt, obligation or other liability incurred—
(i) by a person resident in India and owed to a person resident outside India; or
(ii) by a person resident outside India.”
Whether foreign trade in bitcoins will be treated as a current account transaction or a capital
account transaction depends on assessment of whether bitcoin is a ‘good’ or an ‘asset’.
As already discussed, we prefer not to call bitcoins a good. If it is not a good, then foreign
transactions in bitcoin shall be treated as capital account transactions. Thus, such transactions
are not allowed unless there is explicit nod from the RBI.
Receipts and Payments in Bitcoins:
Considering the fact that bitcoins are not legal tender in India, receipts and payments in this
virtual currency in a domestic transaction as well as in imports/exports is a separate
As far as receipts and payments in bitcoins are concerned, following are the possible questions
that need to be answered:
Is it possible to buy goods or services in India and make payment in bitcoins? Certain
companies in India are accepting bitcoins as payment against purchase of goods or services.
Even if as per the Reserve Bank of India Act, 1934 (“the Act”), payment made in legal tender
is a valid discharge of an obligation or debt one has towards a payee, the Act however does not
specifically exclude any other form of consideration. Meaning thereby that any form of
payment other than legal tender in India is allowed since it is not prohibited specifically, subject
to the condition that there is consensus between the parties involved.
• Is it possible to export and receive payment in bitcoins? Any international transaction which
involves payment or receipt shall attract the provisions of FEMA and rules made there under.
If one was to export outside the Indian territory and receive payment in bitcoin, one shall first
examine what bitcoins shall be treated as, for that matter. Foreign Exchange Management
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(Manner of Receipt and Payment) Regulations, 2016 clearly specify the modes of payment in
different cases.
Regulation 3(2) of these Regulations state the following:
“(a) In respect of an export from India, receipt shall be made in a currency appropriate to the
place of final destination as mentioned in the declaration form irrespective of the country of
residence of the buyer.
(b) Any other mode of receipt of export proceeds for an export from India in accordance with
the directions issued by the Reserve Bank of India to authorized dealers from time to time.”
Bitcoins are not legal tender in India, by virtue of which, they are not recognized as real
currency. Also, RBI hasn’t directed anything pertaining to receipt of bitcoins for such
transactions.
Clearly, this leads one to the conclusion that anyone cannot receive bitcoins as a manner of
receipt for any exports made outside India.
• Is it possible to import and remit payment in bitcoins? Regulation 6(1) states that:
“(1) Notwithstanding anything contained in Regulation 5, a person resident in India may make
payment for import of goods in foreign exchange through an international card held by him/ in
rupees from international credit card/ debit card through the credit/ debit card servicing bank
in India against the charge slip signed by the importer/ as prescribed by Reserve Bank from
time to time.”
What is “foreign exchange”? Section 2(n) of FEMA defines foreign exchange as, “foreign
exchange” means foreign currency and includes,— (i) deposits, credits and balances payable
in any foreign currency, (ii) drafts, travellers ,cheques, letters of credit or bills of exchange,
expressed or drawn in Indian currency but payable in any foreign currency, (iii) drafts,
travelers, cheques, letters of credit or bills of exchange drawn by banks, institutions or persons
outside India, but payable in Indian currency; ”
Examining the above, it’s conclusive that bitcoin does not conform to the above definition and
thus it is certainly not foreign exchange.
It is hereby inferred that in exchange of any imports made by any person in India, it is
manifestly impossible to remit payment in bitcoins in the ambit of law.
SEBI
Classification as ‘commodity derivative’
Bitcoin is treated as ‘commodity ’ in few foreign jurisdictions. However, to understand the
intricacies revolving bitcoins as ‘commodity derivative’ in India, one shall have to refer the
Securities Contracts Regulation Act, 1956
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Section 2 clause (bc) of the Act defines the expression as:
"commodity derivative" means a contract —
(i) for the delivery of such goods, as may be notified by the Central Government in the Official
Gazette, and which is not a ready delivery contract; or
(ii) for differences, which derives its value from prices or indices of prices of such underlying
goods or activities, services, rights, interests and events, as may be notified by the Central
Government, in consultation with the Board, but does not include securities as referred to in
sub-clauses (A) and (B) of clause (ac);
To be able to be covered by the above definition, the essential element is a contract. While the
definition of contract is dealt by the Indian Contract Act, 1872, either of the above two purposes
is a pre-requisite for a contract to be a commodity derivative contract.
Essentially, bitcoin is not goods as already explained in the preceding sections, additionally it
is also not something that has its value derived from an underlying good or something else. In
fact value of bitcoins fluctuate on demand-supply phenomenon rather than anything persistent.
Conclusively, bitcoins cannot be treated as commodity; also it cannot be treated as commodity
derivative. Therefore, SEBI cannot be seen as the authority overseeing bitcoin exchanges
Collective Investment Scheme (‘CIS’)
Collective Investment Scheme has been defined under Section 11AA (1) of the Securities and
Exchange Board of India Act, 1992 (‘SEBI Act’). Accordingly, sub-section 2 or 2A has to be
referred to, which specifies a list of conditions that have to fulfilled in order to fall under the
definition of CIS. Interestingly, Sections cited above focus on words or expressions such as
‘collective’, ‘pooling of interest’, ‘contribution’. Looking at the concept of bitcoin, it cannot
be held that at any time the investor is collecting funds and then investing the money. Till date,
there is no trace of any such activity in the market where a service such as pooling of funds of
investors and then investing in bitcoins was done. Thus, trading in bitcoins for investment
purposes has not grown enough to be regarded as CIS. If at all there is a prospective change
resulting in inclusion of bitcoin trading services under the regulation of SEBI by virtue of being
treated a CIS, consequential norms shall be applicable parri passu to such platform or providers
of service if any.
Requirement under Section 12 of SEBI Act, 1992
Section 12 mandates obtaining registration certificate for persons specified such as brokers,
sub-brokers, share transfer agents, etc. An inclusion in the provision is that of ‘such other
intermediary who may be associated with securities market’. The words draw one’s attention
to two words, namely ‘intermediary’ and ‘securities’. To extend the above provisions to bitcoin
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or bitcoin exchanges, the service provider shall have to be an intermediary under SEBI and the
dealing item shall be a ‘security’. Since none of the criteria will be fulfilled by bitcoins,
obtaining aforementioned registration cannot be extended to bitcoin exchanges.
Nodal Account Directions
RBI has issued Directions for opening and operation of Accounts and settlement of payments
for electronic payment transactions involving intermediaries dated 24th November, 2009 in
line with the following preamble:
“The use of Electronic/Online Payment modes for payments to merchants for goods and
services like bill payments, online shopping etc. has been gaining popularity in the country.
With a view to safeguard the interests of the customers and to ensure that the payments made
by them using Electronic/Online Payment modes are duly accounted for by the intermediaries
receiving such payments and remitted to the accounts of the merchants who have supplied the
goods and services without undue delay, it is considered necessary to frame suitable directions
for the safe and orderly conduct of these transactions. “
The directions have been issued to intermediaries as defined under the directions.
‘Intermediaries’ would include all entities that collect monies received from customers for
payment to merchants using any electronic/online payment mode, for goods and services
availed by them and subsequently facilitate the transfer of these monies to the merchants in
final settlement of the obligations of the paying customers.
Explanation: For the purpose of these directions, all intermediaries who facilitate delivery of
goods/services immediately/simultaneously (e.g. Travel tickets/movie tickets etc) on the
completion of payment by the customer shall not fall within the definition of the expression
“intermediaries”. These transactions which are akin to a Delivery versus Payment (DVP)
arrangement will continue to be facilitated as per the contracts between the merchants and the
intermediaries as hitherto and banks shall satisfy themselves that such intermediaries do not
fall within the definition of the “intermediaries” when they open accounts other than internal
accounts.
The Prevention of Money-laundering Act, 2002
Schedule IV of the Prevention of Money-laundering Act, 2002 (‘PMLA’), lists out a
comprehensive text on obligations of banking companies, financial institutions and
intermediaries which inter alia includes reporting requirements by such entities. If bitcoin
exchange platforms are specifically included as intermediaries, the requirements as above shall
be applicable on such platforms as well. Further, it is advised that such entities may as a self-
regulatory measure adopt to fair practices ensuring that it does not get involved in illegal or
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illicit activities which may attract gross consequences under laws such as PMLA. A KYC
policy in place is also suggested to further the adherence to best practices.
Taxation
Coming to the matter of taxation in bitcoin transaction, particularly in a case where we import
bitcoin, following may apply:
Customs Duty: As per Central Excise and Customs Act, 194416, customs duty is levied on
import of software subject to the condition that the software imported in a physical form.
Therefore, software imported online is not chargeable to Customs duty. Similarly, if bitcoin is
treated as software, no duty shall apply.
VAT: VAT has now been subsumed into the Goods and Services Tax with effect from 1st July
2017. GST is discussed in later sections .
GST on bitcoins
Currency under FEMA vis-à-vis ‘money’ under GST
Currency has been defined under FEMA:
Section 2(h) “currency” includes all currency notes, postal notes, postal orders, money orders,
cheques, drafts, travellers cheques, letters of credit, bills of exchange and promissory notes,
credit cards or such other similar instruments, as may be notified by the Reserve Bank;
On perusal of the above definition, it is explicit that bitcoins does not fit in any of the mentioned
types. It is in fact not been notified by the Reserve Bank as a currency. So apparently, bitcoin
is not currency.
On lines similar to the definition above, lawmakers have framed the definition of ‘money’
under GST which as same as the one under Section 65B (33) of Schedule V of the Finance Act,
1994 pertaining to Service Tax. Section 2(75) of CGST Act defines: “money” means the Indian
legal tender or any foreign currency, cheque, promissory note, bill of exchange, letter of credit,
draft, pay order, traveller,cheque, money order, postal or electronic remittance or any other
instrument recognized by the Reserve Bank of India when used as a consideration to settle an
obligation or exchange with Indian legal tender … of another denomination but shall not
include any currency that is held for its numismatic value;…
Money
‘Money’, as defined, has been kept out of the purview of GST.
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Goods
‘Goods’ has been defined under GST. Section 2(52) “goods” means every kind of movable
property other than money and securities but includes actionable claim, growing crops, grass
and things attached to or forming part of the land which are agreed to be severed before supply
or under a contract of supply;
Bitcoin doesn’t have any intrinsic value in itself; hence it would be technically incorrect to
refer it as goods.
Where bitcoin is not being used as anything except as a ‘means of payment’, it needs to come
under the arena of currency. Otherwise, GST implications with respect to supply of
goods/services will arise.
Until specifically declared by RBI, bitcoin shall not be ‘money’. Several countries have
declared bitcoin as ‘money’ thereby making it exempt from GST. For example, a European
Court of Justice Ruling has exempted bitcoin from VAT. Australian Federal Government has
also proposed to exempt bitcoins from tax in its budget 2017.
Computer Programme
The system on which bitcoin works, is nothing but software, a set of codes which may be
considered a ‘computer programme’. Indian Copyright Act, 1957 defines the word ‘computer
programme’:
Section 2(ffc): "computer programme" means a set of instructions expressed in words, codes,
schemes or in any other form, including a machine readable medium, capable of causing a
computer to perform a particular task or achieve a particular result. Under GST, if classified as
software/computer programme a rate of 18% shall apply.
Section 2(24) of the Income Tax Act, 1961 defines ‘income’. Accordingly tax is applicable
subject to the basic exemption limit on any profit made on dealing with bitcoins.
On sale of bitcoins and any resultant profit is subject to capital gains tax under as applicable as
per the Income Tax Act, 1961.
In Tata Consultancy Services v. State of Andhra Pradesh (Order dated 5th November, 2004),
the Court held that a software whether customized or non-customised will be goods if it
satisfies a set of three attributes, namely:
1. Utility;
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Goods might be tangible or intangible. Bitcoin does satisfy the above last two points, however,
it doesn’t seem to have the same utility as of other goods. There is no absolute usefulness that
might be associated with bitcoin. A bitcoin is definitely bought and sold for purposes such as
investment or trading; however, these facts do not necessarily make an item ‘goods’. Since
bitcoin has utility which is specific to itself and not general, and further to add, having no
intrinsic value, it cannot be termed as ‘goods’.
Foreign Ruling on Bitcoins
The GST implications of transactions involving bitcoin - GSTR 2014/3 – A Goods and Services
Tax Ruling, Australian Taxation Office, Australian Government19, (original ruling dated 17th
December, 2014)
The Ruling summarises following significant points with respect to application of GST on
bitcoins and related implications:
1. The ruling as specified has considered the classification of bitcoin as ‘money’ or a ‘financial
supply’ under the GST Act.
2. As pointed out, there must be a ‘supply for consideration’ for there to be a taxable supply.
3. A transfer of bitcoin from one entity to another is a ‘supply’ for GST purposes. The exclusion
from the definition of supply for supplies of money does not apply to bitcoin because bitcoin
is not ‘money’ for the purposes of the GST Act.
4. The supply of bitcoin is not a ‘financial supply’. Further, it is not an input taxed supply.
5. A supply of bitcoin is a taxable supply and the supply of bitcoin is not GST-free (for example,
a supply to a non-resident for use outside of Australia).
6. A supply of bitcoin in exchange for goods or services will be treated as a barter transaction.
Bitcoin is not goods and cannot be the subject of a taxable importation. However, an offshore
supply of bitcoin can be a taxable supply under the ‘reverse charge’ rules.
The above ruling significantly points out that bitcoin is neither money nor its supply a financial
supply; moreover, it is also not goods. Interestingly, Australian Government has proposed to
exempt bitcoins from tax.
Status of bitcoins under Indirect Taxation
in different jurisdictions Country/Region Status
Singapore Profit on trading in bitcoins in ordinary course is
taxable20
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Australia Propose to exempt bitcoins from taxation by
treating it as money
European Union Any exchange of bitcoins for another currency
does not attract VAT or GST, as the case may be
USA Treated as property as per Internal Revenue
Service, USA21
Norway As proposed in 2017, no VAT shall be levied on
trading in bitcoins22
Japan In 2017, officially recognised bitcoins as a
means of payment
Risks Associated with Bitcoins
RBI through its press release dated 24th December, 2013 has warned the public about the
negative attributes of bitcoins and its usage. It specifically pointed out, that since they are stored
digitally, they are exposed to risks such as hacking, attacks, compromises etc.
Bitcoins are not backed and/or regulated by a centralized agency till date, making them less
reliable.
There is no forum, where a user can possibly reach out for any help or grievance, as a result of
which Indian consumers are being exposed to transactional and informative risks.
Another issue pertains to awareness. Lot of consumers has little or no information regarding
risks associated with bitcoins lending them into unwanted trouble under regulations such as
anti-money laundering.
One of the very important attributes of bitcoins is its volatility. Steep changes every second
are expected, making investors prone to zero-worth risks
Literature review
1. Sindri Leó Árnason(2015) This is a bachelor’s of science essay that counts for 6
ECT credits in the School of Social Sciences, Faculty of Business Administration, at
the University of Iceland. I chose this topic because I had become interested in Bitcoin
and cryptocurrencies in 2013-2014 when their media coverage boomed. I had already
done some research on this topic beforehand and as I am studying finance at the
University of Iceland I wanted to research what Bitcoin’s future impact on the business
world could possibly be. I would like to thank Guðrún Johnsen who is a lecturer at the
School of Social Sciences, who helped guide me through writing this essay and my
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father, Árni Leósson, who helped read over my essay, fixing spelling and grammar
mistakes as well as helping me develop essential arguments.
2. Steven Goldfeder (2016) The path to Bitcoin is littered with the corpses of failed
attempts. I’ve compiled a list of about a hundred cryptographic payment systems, both
e-cash and credit card based technologies, that are notable in some way. Some are
academic proposals that have been well cited while others are actual systems that were
deployed and tested. Of all the names on this list, there’s probably only one that you
recognize — PayPal. And PayPal survived only because it quickly pivoted away from
its original idea of cryptographic payments on hand-held devices! There’s a lot to learn
from this history. Where do the ideas in Bitcoin come from? Why do some technologies
survive while many others die? What does it take for complex technical innovations to
be successfully commercialized? If nothing else, this story will give you an appreciation
of how remarkable it is that we finally have a real, working payment mechanism that’s
native to the Internet.
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[Link] Dimitri (2017) Since its 2008 appearance as a cornerstone of the
cryptocurrency bitcoin, the blockchain technology gained widespread attention as a
modality to securily validate and store information without a trusted third party. Indeed
trust is replaced by cryptographic security, epitomised by hash functions, a unique
fingerprint of any information file. The paper is a quick overview of the main concepts
and applications of the blockchain, taken from an economic perspective.
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network, they'll generate the longest chain and outpace attackers. The network itself
requires minimal structure. Messages are broadcast on a best effort basis, and nodes can
leave and rejoin the network at will, accepting the longest proof-of-work chain as proof
of what happened while they were gone.
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to 0.08% by adopting the optimal policy which reduces mining and relies on money
growth rather than transaction fees to finance mining rewards. The efficiency can
potentially be improved further by adopting an alternative consensus protocols such as
the proof-of-stake. A key economic feature of a cryptocurrency system is that mining
is a public good, while double spending to defraud the cryptocurrency depends on
individual incentives to reverse a particular transaction. As a result, a cryptocurrency
works best when the volume of transactions is large relative to the individual transaction
size (e.g., as in a retail payment system).
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issues associated with the rapid growth of cryptocurrency markets. This conference
provides a forum for presenting new research findings, and discussing the future
direction of cryptocurrency research. We welcome both theoretical and empirical
papers assessing the opportunities and challenges of cryptocurrency markets. There will
be a prize for the best paper from a PhD student. The main theme of the conference is
‘Investigating the Macro-financial aspects of Cryptocurrencies’.
[Link] Lunn(2018) In this indepth report, we analyse the market implications of
blockchain technology in light of the bitcoin boom since our initial cross-sector and
cross-border publication, Blockchain: The Trust Disrupter, roughly a year ago. While
we make no comment on the valuation of particular cryptocurrencies, we believe the
rise of bitcoin and Initial Coin Offerings highlights how transformative the
underpinning blockchain technology will be across sectors, with financial services and
capital markets at the front of the queue.
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CHAPTER – 2
RESEARCH
METHODOLOGY
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RESEARCH DESIGN
Crypto- is short for “cryptography”, and cryptography is computer technology used for
security, hiding information, identities and more. Currency simply means “money currently in
use”. Cryptocurrencies are a digital cash designed to be quicker, cheaper and more reliable than
our regular government issued money. Instead of trusting a government to create your money
and banks to store, send and receive it, users transact directly with each other and store their
money themselves. Because people can send money directly without a middleman, transactions
are usually very affordable and fast.
A research design is a frame work or blue print for conducting research procedure is necessary
for obtaining information to solve the problem. Research designed to assist the decision maker
in determining, evaluating and selecting the best course of action to take in a given situation.
Descriptive studies are usually the best methods for collecting information that will
demonstrate relationships and describe the world as it exists. Descriptive studies are designed
primarily to describe what is going or what exist.
The research design that will be use is Descriptive Research.
Involves gathering data that describe events and then organizes, tabulates, depicts, and
describes the data.
Uses description as a tool to organize data into patterns that emerge during analysis.
Often uses visual aids such as graphs and charts to aid the reader.
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SOURCE OF DATA
PRIMARY DATA
The data which is collected directly from the respondent to the base of knowledge and belief
of such research are called primary data.
SECONDARY DATA
When data are collected and compelled from the published nature or any other's primary data
is called secondary data. We have not collected any information from any sources. So, we have
not used secondary data for our research.
Research Instruments
I have collected the data through QUESTIONNAIRE by personal meeting and table–calling
with people.
Sampling area:-The sampling area to collect the data is common people near about Bathinda
and Kotkapura.
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CHAPTER 3
SWOT ANALYSIS
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SWOT Analysis
When we use SWOT analysis, Its often for strategic planning. It prepares for
decisions and gives an overall look at the strengths, weaknesses, opportunities,
and threats of business. But SWOT analysis can also be used to increase and build
upon customer satisfaction.
To give a well-rounded overview of how to use SWOT analysis for a boost in
customer satisfaction, we’ll start with the Strengths and Weaknesses first.
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A number of us have likely had the opportunity to either observe or participate
in this exercise for the broader business in which we work. A quick overview
of the core concepts:
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CHAPTER – 4
DATA ANALYSIS
&
INTERPRETATION
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Cryptocurrency facts takes a simplified look at digital currencies like Bitcoin to help explain
what cryptocurrency is, how it works, and its implications. Cryptocurrency is a digital currency
that uses encryption (cryptography) to generate money and to verify transactions. Transactions
are added to a public ledger – also called a Transaction Block Chain – and new coins are created
through a process known as mining.
Interpretation: From the survey we comes to know that 85% of the citizen of india do not
supports cryptocurrency and 15% of citizen of india support cryptocurrency.
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Interpretation:From the study we comes to know that,40% people heard about Bitcoin and
60% people never heard about bitcoin, litecoin and cryptocurrencies.
Interpretation:From the study,we comes to know that 20% People has invested in
cryptocurrency and 80% People has not invested in cryptocurrency.
4. Do you expect Bitcoin to become the leading virtual currency over the next 5 years?
Options No. of Respondents Percentage
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Yes 10 10%
No 70 70%
Don’t Know 20 20%
Interpretation:From the survey, we comes to know that 10% Respondents expect that Bitcoin
to become the leading virtual currency over the next 5 years,70% Respondents expect that
Bitcoin has not becoming the leading virtual currency over the next 5 years and 20%
Respondents do not expect that Bitcoin to become the leading virtual currency over the next 5
years.
5. Is Your current Cryptocurrency portfolio worth more than your initial investment?
Options No. of Respondents Percentage
Yes 9 8.80%
No 91 91.20%
Interpretation: From the survey we comes to know that,8.80% people having their current
Cryptocurrency portfolio worth more than your initial investment,91.20% people having their
current Cryptocurrency portfolio worth less than your initial investment.
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6. According to you, which financial system is more trustable?
Options No. of Respondents Percentage
Cryptocurrency 10 10%
Indain financial system 90 90%
Interpretation: From the study we comes to know that,10% people having trust on
cryptocurrency & 90% people having trust on Indian financial system.
7. As the Indian government is not backing up the cryptocurrency, will you still be
interested in purchasing it?
Options No. of Respondents Percentage
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Yes 17 17%
No 83 83%
Interpretation :From the survey,we comes to know that as the government is not backing up
the cryptocurrency, as much as 83% people is not interested in purchasing it & 17% people is
interested in purchase it.
8. Cryptocurrency is non-government regulated which offers users more freedom. Would this
increase your interest in using cryptocurrency?
Interpretation: From the study we comes to know that,45 % people thought that their interest
is increasing in using cryptocurrency & 55% people thought that their interest is decreased in
using cryptocurrency.
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9. Do you expect Governments will take a practical view on Bitcoin and minimise user
registration with identity checks to be limited to original purchase of Bitcoin with fiat currency?
Interpretation: From the survey, we comes to know that 15% expect Governments will take
a practical view on Bitcoin and minimise user registration with identity checks to be limited to
original purchase of Bitcoin with fiat currency & 15% do not expect Governments will take a
practical view on Bitcoin and minimise user registration with identity checks to be limited to
original purchase of Bitcoin with fiat currency
10. Why Indian government do not support cryptocurrency, main reason behind that:
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Untrackable 70 70%
Reducing the power of ministry of 20 20%
finance
Increasing the illegal activities 10 10%
Interpretation: From the survey,we comes to know that main reason behind that the
government is not supporting the cryptocurrency, as much as 70% of the people thought it is
untrackable,20% of the people thought that it reduces the power of ministry of finance & 10%
of people thought that it increases the illegal activities.
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12. Keeping the bird eye view on the world. What approach should indian
government takes towards crypto currency.
Options No. of Respondents Percentage
Positive 20 20%
Negative 80 80%
Interpretation: From the survey, we comes to know that 20% of the people thought that
govt approach is positive towards cryptocurrency& 80% of the people thought that govt
approach is negative towards cryptocurrency.
13. If cryptocurrency providers created tangible coins (or notes) for cryptocurrency users
with banks and ATMs readily available but remained non-government regulated,
would this increase your interest in cryptocurrency?
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Interpretation: From the survey we comes to know that, 73% people increase their interest
in using cryptocurrency and 27% people decrease their interest in using cryptocurrency.
CHAPTER – 5
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FINDINGS,
CONCLUSION
&
SUGGESTIONS
FINDINGS:
From the survey we comes to know that 85% of the citizen of india do not supports
cryptocurrency and 15% of citizen of india support cryptocurrency.
From the survey we comes to know that, 73% people increase their interest in using
cryptocurrency and 27% people decrease their interest in using cryptocurrency.
From the survey,we comes to know that main reason behind that the government is not
supporting the cryptocurrency,70% of the people thought it is untrackable,20% of the
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people thought that it reduces the power of ministry of finance & 10% of people thought
that it increases the illegal activities.
From the survey, we comes to know that 20% of the people thought that govt approach
is positive towards cryptocurrency& 80% of the people thought that govt approach is
negative towards cryptocurrency
From the survey, we comes to know that 50% people interest has been increased in
using cryptocurrency by considering the less fees to operate & 50% people interest has
been decreased in using cryptocurrency by considering the less fees to operate.
From the study we comes to know that,45 % people thought that their interest is
increasing in using cryptocurrency & 55% people thought that their interest is decreased
in using cryptocurrency.
From the survey,we comes to know that 35% people thought that cryptocurrency
diminish the value that you perceive about the currency & 65% people thought that
cryptocurrency not diminish the value that you perceive about the currency.
From the study we comes to know that,30% people is interested in using cryptocurrency
& 70% people is not interested in using cryptocurrency.
From the study,we comes to know that 60% People has invested in cryptocurrency and
40% People has not invested in cryptocurrency.
CONCLUSION
The cryptocurrency market, which trades various digital-based coins, can look exciting,
scary, and mysterious all at once to the casual observer. Its pioneer, Bitcoin,
dramatically surged in value and steeply dropped (before picking back up) in recent
months. ICOs (initial coin offerings for new cryptocurrencies), meanwhile, are emerging
at a head-spinning [Link] some financial advisers remain skeptical, it’s hard to ignore
the massive amount of money invested in the field. We talked to two leading futurists,
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who study and predict technology trends, about where they see cryptocurrency headed —
and why you should pay [Link] problem that we can foresee is the pace of change in
regulations; change in regulation usually takes a route of develop, propose and adopt which
generally takes a period. Regulations or regulatory changes typically evolve at a pace than
innovation thereby killing it by declaring it illegitimate. Also as its not been governed by a
central authority Bitcoin tends to fluctuate widely and to be used globally its volatility needs
to settle down.
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SUGGESTIONS
The price of Bitcoin and the price of Ethereum has exploded in 2017. The question is whether
there is sufficient upside potential to consider investing in crypto currencies. Stated differently,
is it (still) worth looking into crypto currencies as an investment or is it too late?
The key consideration is that Bitcoin is not the only crypto currency to invest in. On the other
hand, Bitcoin has made crypto currencies popular and even more secure. Yes, there were
definitely security issues a couple of years ago, but it seems those issues have been resolved.
So Bitcoin has helped mature the crypto currencies space.
Investing Haven believes that a combination of price analysis and fundamental analysis is the
most appropriate way to make a rational investment choice, and to engage in forecasting the
price of crypto currencies. With that in mind, we also look into the altcoins space in this article
in order to find investment opportunities.
Investing Haven’s research team has collected 10 investment tips for investing in crypto
currencies which are useful to investors not very familiar in this space.
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BIBLOGRAPHY
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[Link]
institute/_files/ifree-papers-and-photos/[Link]
[Link]
%20Cryptocurrency%20-
%20Sindri%20Le%C3%B3%20%C3%81rnason%[Link]
[Link]
[Link]
[Link]
[Link]
[Link]
[Link]
[Link]/docView?language=ENG&format=PDF&sourceid=csplusresearchcp&doc
ument_id=1080109971&serialid=pTkp8RFIoVyHegdqM8EllLNi1z%2Fk8mInqoBS
Q5KDZG4%3D
[Link]
impact/[Link]
[Link]
[Link]
institute/_files/ifree-papers-and-photos/[Link]
[Link]
[Link]
[Link]
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ANNEXURE
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QUESTIONARRIE
(A)Yes (B)No
4. Do you expect Bitcoin to become the leading virtual currency over the next 5 years?
(A)Yes (B) No (C) Don’t Know
5. Is Your current Cryptocurrency portfolio worth more than your initial investment?
(A)Yes (B) No (C)Above the same
[Link] the Indian government is not backing up the cryptocurrency, will you still be interested in
purchasing it?
A) Yes B) No
8. Cryptocurrency is non-government regulated which offers users more freedom. Would this
increase your interest in using cryptocurrency?
A) Yes B) No
9. Do you expect Governments will take a practical view on Bitcoin and minimise user
registration with identity checks to be limited to original purchase of Bitcoin with fiat currency?
A) Yes B) No (C)Don’t Know
10. Why Indian government do not support cryptocurrency, main reason behind that:
(A)Untrackable (B)Reducing the power of ministry of finance (C)Increasing
the illegal activities
[Link] cryptocurrency is government regulated but remained intangible, would this increase your
interest in cryptocurrency?
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A) Yes 80% B) No 20%
12. Keeping the bird eye view on the world. What approach should indian government takes
towards crypto currency.
A) Positive B) Negative
13. If cryptocurrency providers created tangible coins (or notes) for cryptocurrency users with
banks and ATMs readily available but remained non-government regulated, would this
increase your interest in cryptocurrency?
A) Yes B) No
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