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Ask your queries or reply to others' queries => Discussion => Topic started by: sai prasad on August 27, 2015, 12:10:25 PM

Title: transactions of shares- whether capital gain or business
Post by: sai prasad on August 27, 2015, 12:10:25 PM
dear members
how to categorise the following  vis-a-vis dept.ciruclars and judicial precedents
1. shares  purchase and sale on the single day - delivery based
2. shares purchase and sale with a gap of 20 to 60 days
3. what is the turnover for F&O transactions. whether it is the net result of the transaction

pl give your view on the above
Title: Re: transactions of shares- whether capital gain or business
Post by: camanojgupta on September 15, 2015, 11:00:52 AM
The ITAT have applied 30 days theory. If held for more than 30 days then it is STCG
Otherwise business
If purchased and sold on same day its speculative
F&O turnover is add up of plus and minus transactions ignoring the negative sign
This is as per ICAI and ITAT in the case of Preetinder Singh
Title: Re: transactions of shares- whether capital gain or business
Post by: vsaiyar on September 17, 2015, 08:45:52 AM
Dear Guptaji

Can u mail me the judgedment of ITAT u referred to in your reply at veermani13@hotmail.com?

Thank you

vsaiyar
Title: Re: transactions of shares- whether capital gain or business
Post by: camanojgupta on September 17, 2015, 12:00:38 PM
yes i will
i am giving citations here
30 days theory
ACIT v. Smt Kavita Devi Agarwal 48 SOT 191
Ran Mal Bhansali v ACIT 143 TTJ 65
Sugamchand C Shah v ACIT 37 DTR 345