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Ask your queries or reply to others' queries => Discussion => Topic started by: BHAVESH PATEL on January 07, 2013, 11:40:08 AM

Title: CLASSSIFIACTION OF BUSINESS ACTIVITY BY COMPNAY
Post by: BHAVESH PATEL on January 07, 2013, 11:40:08 AM
Dear ALL

I want to know  that if company carry on business of Trading, Manufacturing and also dealing in Trading in Shares(also having large income from shares trading)

Whether it has to Bifurcate income  from shares as LTCG, STCG, INTRA-DAY GAIN/LOSS or  just treated them as normal business income and set off benefit available from the loss of manufacturing activity.

Bhavesh Patel

WAITING EAGERLY FOR YOUR REPLY!!!!!!!!!

Title: Re: CLASSSIFIACTION OF BUSINESS ACTIVITY BY COMPNAY
Post by: camanojgupta on January 08, 2013, 04:46:55 PM
it depends upon how the company treats its share portfolio.
If the co maintains investment portfolio and trading portfio then both CG and BI will b computed.
A lot depends upon facts of the case.
Title: Re: CLASSSIFIACTION OF BUSINESS ACTIVITY BY COMPNAY
Post by: BHAVESH PATEL on January 09, 2013, 12:37:40 PM
NOW MY QUESTION IS IF COMPANY TILL DATE  SHOWN IT AS INVESTMENT ACTIVITY AND COMPUTED INCOME ACCORDINGLY.

IF COMPANY TREATED IT AS BUSINESS ACTIVITY AND THERE IS LTCL(LOSS) WHICH CAN BE SET OFF AGAINST BUSINESS INCOME COMPANY WOULD HAVE HUGE TAX SAVING DUE TO THIS.

WHETHER IT IS PERMISSIBLE  OR NOT

BHAVESH PATEL
Title: Re: CLASSSIFIACTION OF BUSINESS ACTIVITY BY COMPNAY
Post by: caabhisheksonthalia on January 10, 2013, 09:42:41 AM
According to provisions LTCL cannot set off against business income.It can only be set off against LTCP
Title: Re: CLASSSIFIACTION OF BUSINESS ACTIVITY BY COMPNAY
Post by: BHAVESH PATEL on January 10, 2013, 10:12:29 AM
caabhisheksonthalia

Sir as per my opinion if Trading in Shares is also main activity then there is no need to bifurcate income form such activity as STCG, LTCG or INTRADAY.

Otherwise company has to may more TAXES and company can never be in a position when its has to pay lower TAXES!!!!!!!!

     
Title: Re: CLASSSIFIACTION OF BUSINESS ACTIVITY BY COMPNAY
Post by: caabhisheksonthalia on January 10, 2013, 12:24:52 PM
Boss in my opinion if you are dealer then no need but if you are an investor then it requires.Then also carry forward section to take care along with the definition of speculative in terms of IT Act.