Advocate Kanishk can answer these question best. Let hope, he's active and goes through this thread.
-Entiity A(USA) partners with Entity B(India)
-Entity A sends Entity B some Bitcoins on monthly basis.
-Entity B deposits equivalent amount in Entity C account which is associate of Entity A.
Questions:
1. If everything is done in legal manner like keeping record of Bitcoin transaction and depositing amount in verified account of Entity C. Then is it illegal to indulge in such transaction?
2. If entity b deposits equivalent amount to entity c in cash then?
3. If Entity A and Entity C is verified as per KYC norms then how does situation changes?
This question might sound trivial for now, but its forms base of future remittance market of Bitcoin.
Look forward to your comments.
As per my understanding, the hypothetical transaction enumerated above is surely to be scrutinised by the goverment agencies. The reasoning for the same is to be understood at length which I cant do here, however, to briefly sum it up the following would be the reasons.
1. The counter entries cannot be documented by Entity B as it will receive bitcoins but when it sells the same there would not be any inflow of amount to be verified by bank.
2. Entity C receiving cash without any sale of goods is liable to be prosecuted and moreover how will they transfer the cash amount?? It's havala only
3. Associated enterprises comes under the ambit of Transfer pricing trench and this is a clear voilation of the transfer pricing laws as well.
To sum it up as per my view, this is nothing but a perfect example of money laundering as the tail of cash receipts cannot be shown in books by anyone and receipt of amount above Rs. 49,999/- in cash also requires PAN card.
These are a very small fraction of reasoning I have stated herein. There are many laws which gets triggered on the consummation of these type of transactions. I have already, at times, stated that a person should buy and sell bitcoins through bank amounts only. Rest one can do as one pleases but it may get that person in hot soup.
Hope my views helped and sorry I couldn't elaborate on all the applicable sections and laws as it would be really a lenthy discussion.
Regards
--
Kanishk Agarwal
Advocate
CriTaxCorp
Criminal-Taxation-Corporate
www.critaxcorp.com+919971666252