Section 194 · was Section 115BBH in the 1961 Act
Income from transfer of Virtual Digital Assets (VDA) — including cryptocurrency, NFTs, and digital tokens — is taxed at a flat 30% with no expense deductions (except cost of acquisition). VDA losses cannot be set off against any other income.
Who it applies to: Anyone who buys and sells cryptocurrency, NFTs, or other digital tokens on Indian or international exchanges.
Tanmay bought Bitcoin for ₹5L (profit: sold for ₹8L) and Ethereum for ₹3L (loss: sold for ₹1L) in TY 2026-27.
Bitcoin gain: ₹8L – ₹5L = ₹3,00,000 Ethereum loss: ₹1L – ₹3L = –₹2,00,000 VDA losses CANNOT be set off against VDA gains under IT Act 2025. Tax on Bitcoin gain: ₹3,00,000 × 30% = ₹90,000 Add 4% cess: ₹93,600 Ethereum loss: No benefit this year, cannot carry forward
Result: Tanmay pays ₹93,600 tax on the Bitcoin profit despite a ₹2L loss on Ethereum. The Ethereum loss is permanently lost — it cannot be used to offset other income or future crypto gains. This asymmetry makes crypto tax particularly harsh.
Priya sells ₹10L worth of crypto on an Indian exchange. The exchange deducts 1% TDS = ₹10,000. Her actual profit was ₹2L.
VDA income: ₹2,00,000 Tax at 30%: ₹60,000 Add 4% cess: ₹62,400 Less TDS credit: – ₹10,000 Balance payable: ₹52,400
Result: Priya has already 'pre-paid' ₹10,000 via TDS. She owes ₹52,400 more as advance/self-assessment tax. The TDS is visible in her Annual Information Statement (Form No. 168, earlier Form 26AS) for verification at ITR filing.
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Section references are based on the Income Tax Act 2025 (Tax Year 2026-27). Examples are illustrative; verify with a Chartered Accountant before filing.