Avoid Tax notices and penalties over undisclosed cryptos and Common Filing Mistakes That Delay Refunds
MAS Team | 01 July 2025
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The Income Tax Department launched a comprehensive crackdown on unreported cryptocurrency income, issuing notices to thousands of taxpayers who failed to declare their virtual digital asset transactions for the 2023-24 and 2024-25 assessment years. This enforcement action falls under the department's NUDGE (Non-intrusive Usage of Data to Guide and Enable) program, designed to promote voluntary tax compliance through education rather than coercion.
The primary issues identified include taxpayers' failure to file the mandatory 'Schedule VDA' form and incorrect classification of gains from virtual digital assets. Tax authorities have also flagged suspicious cases where individuals may have used undisclosed funds for cryptocurrency investments, raising concerns about potential tax evasion and money laundering activities.
Understanding Cryptocurrency Tax Obligations
The legal framework for cryptocurrency taxation was established through Section 115BBH of the Income Tax Act, introduced via the Finance Act of 2022. This legislation imposes a flat 30% tax rate on all income derived from virtual digital assets, regardless of how long the assets were held. The tax structure is notably restrictive, allowing no deductions except for the original acquisition cost, and prohibiting taxpayers from offsetting cryptocurrency losses against other income sources or carrying them forward to future tax years.
Additionally, Section 194S mandates a 1% Tax Deducted at Source (TDS) on all cryptocurrency transactions. Industry experts emphasize that compliance with TDS requirements is essential, as failure to properly deduct or deposit these taxes can result in significant penalties or even criminal prosecution.
All forms of cryptocurrency-related income must be reported, including profits from trading activities, mining operations, staking rewards, airdrop distributions, and salary payments received in digital currencies. The comprehensive nature of these reporting requirements means that any interaction with virtual digital assets potentially creates a tax obligation.
Proper Cryptocurrency Reporting Procedures
Taxpayers must select the appropriate income tax return form based on how their cryptocurrency activities are classified. Those treating crypto gains as capital gains should use ITR-2, while individuals whose trading activities constitute business income must file ITR-3.
The reporting process requires declaring all categories of cryptocurrency income and verifying TDS details through Form 26AS to ensure accurate deduction records from exchanges. Unlike traditional investments, cryptocurrency transactions do not qualify for cost indexation benefits, and losses cannot be adjusted against other income sources.
Tax officials note that many compliance issues arise when investors use offshore or unregulated platforms that fail to deduct TDS properly or provide adequate transaction documentation. To minimize filing errors, taxpayers are advised to use regulated Indian cryptocurrency exchanges that automatically handle TDS deductions and offer integrated tax reporting tools.
Looking ahead, the tax department plans to introduce a dedicated 'Schedule VDA' section in ITR forms starting from the 2025-26 financial year, which should streamline cryptocurrency reporting processes.
After filing returns, verification is mandatory - unverified returns are treated as if never filed. Refund failures often occur due to incorrect bank details, emphasizing the importance of ensuring that refund account information is pre-validated with the IT portal and linked to the taxpayer's PAN.
The stakes for non-compliance have increased significantly. Penalties under Sections 270A and 271AAC impose substantial financial consequences: 50% of tax payable for underreporting and 200% for misreporting. These penalties, combined with interest charges and potential delays, make accurate filing essential.
Common Tax Filing Errors That Prevent Refunds
Beyond cryptocurrency compliance, taxpayers continue to make fundamental errors in their income tax returns that result in scrutiny notices, additional tax liabilities, and delayed refunds. These mistakes often stem from inadequate preparation and failure to understand reporting requirements.
Documentation and Preparation Challenges
One of the most prevalent issues is incomplete documentation during return preparation. Taxpayers frequently overlook essential documents including bank interest certificates, mutual fund and brokerage statements, rental receipts, insurance premium proofs, and Public Provident Fund deposit confirmations.
International holdings present another common oversight. Many taxpayers fail to properly declare overseas assets in Schedule FA of their ITR forms, missing crucial details about foreign investments and accounts. Additionally, various supporting documents are often omitted, such as TDS certificates, deduction receipts for donations and tuition fees, and final housing loan interest certificates rather than provisional ones.
Form Reconciliation Failures
Critical tax forms including Form 26AS, Annual Information Statement (AIS), and Taxpayer Information Summary (TIS) contain vital transaction and tax data that must be properly reconciled. Form 26AS specifically captures TDS, tax collected at source (TCS), and advance tax payment details. Claims for TDS or TCS credits are only valid if they appear in Form 26AS records.
The AIS provides comprehensive financial transaction summaries, and overlooking this information frequently leads to missed income disclosures. The TIS serves as a cross-reference tool, helping taxpayers verify that their declared information matches tax authority records. Neglecting these reconciliation processes often triggers Section 143(2) notices and penalties for underreporting or misreporting.
Income Source Oversights
Taxpayers commonly fail to report various income sources, including small capital gains, rental income, spouse or children's income that cannot be clubbed, and interest from overseas accounts. All income categories must be declared, encompassing salary, house property income, business or professional income, capital gains, and interest from fixed deposits and savings accounts.
Even dormant bank accounts require individual reporting. Tax-free income sources such as agricultural income, certain exempted allowances, and scholarship funds must also be disclosed in ITR forms, despite not being subject to taxation.
Employment-Related Reporting Errors
A frequent mistake involves failing to disclose income from previous employers. Since salary data from all employers appears in Form 26AS and AIS, incomplete reporting can trigger tax notices. The situation becomes complicated when multiple employers provide separate tax benefits, often resulting in lower overall TDS deductions.
Capital Gains Misclassification
Capital gains reporting errors are particularly common due to varying tax rules based on asset types and holding periods. Misclassification leads to incorrect tax calculations, especially considering recent amendments in Finance Act 2024 that affect tax rates and indexation benefits based on sale dates.
Many taxpayers incorrectly assume that equity mutual fund redemptions are entirely tax-free, representing a frequent oversight. Others use incorrect acquisition costs or fail to apply grandfathering rules for long-term capital gains up to January 31, 2018, where fair market value on that date should be considered if higher than actual cost.
International Income Disclosure Issues
Foreign income disclosure presents ongoing challenges, with many failing to report foreign bank accounts, mutual fund shares, and property holdings. Even dormant or zero-balance accounts must be reported if the taxpayer qualifies as resident and ordinarily resident (ROR).
Common errors include incorrect residential status determination and missing disclosures of foreign shares, ESOP receipts, sweat equity, signatory authority assets, and digital assets held abroad.
Deduction and Compliance Oversights
Section 80G deductions for charitable donations are frequently overclaimed, with individuals reporting contributions that don't align with their income profiles or financial capacity. House Rent Allowance (HRA) claims face scrutiny, particularly for high amounts where no TDS was deducted on rent payments.
Many taxpayers incorrectly assume that exempt incomes like PPF interest and EPF withdrawals don't require disclosure. Agricultural income exceeding significant thresholds also needs proper reporting.
To avoid these issues, taxpayers should invest in proper preparation, use compliant platforms for investments, maintain comprehensive documentation, and consider professional assistance for complex situations. The evolving tax landscape, particularly regarding cryptocurrency and international holdings, requires increased attention to compliance requirements.
As India's tax administration becomes more sophisticated in data analysis and cross-verification, the margin for error continues to shrink. Proactive compliance and accurate reporting remain the best strategies for avoiding scrutiny and ensuring smooth refund processes.
Dear Investor,
In case of any grievance / complaint :
In case of any grievance / complaint :
- Please contact Compliance Officer Shraddha Mhatre at [email protected] and Phone No. - 91-22-35131664.
- You may also approach CEO Debashis Basu at email- id [email protected] and Phone No. - 91-22-35131664.