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Share brokerage firms Vs. Investor

This query is : Resolved 

19 July 2010
M/s. A Ltd a share brokerage firms and a registered member of BSE

Mr. B a regular investor who hold shares as investment which are subject to STT through BSE

my query is >

1. M/s A LTD. incurred a loss of RS. 25000 , in buying and selling of shares( subject to STT and BSE )hold as Stock in trade ,

2. Mr. B incurred loss of rs. 25000 in holding investment (subject to stt and bse)as


what will be the tax treatment in aboce case , please ecplain point wise

20 July 2010 1. SPECULATION – LOSS – SHARE BROKER – S. 73


Where assessee a share broker, had incurred loss on trading transactions of shares entered into on its own Account, and said loss was to be treated as speculation loss as assessee would be deemed to be carrying on speculative business to extent of business of purchase and sale of shares of other companies with in meaning of Explanation to section 73.

B. L. K. Securities (P) Ltd. vs. ITO (2009) 27 SOT 142 (Delhi)

So loss carried forward as speculation loss.

2. Loss to be carried forward as STC loss

21 July 2010 sir,

it is not speculative transaction it is holded as investment and as SIT by brokerage company


please provide answer considering this


21 July 2010 Dear Amit
In the first case u have urself mentioned held as Stock in trade in the query so it will be business income and speculative.

In second case it would be Short Term Capital Loss.

22 July 2010 Point wise answer has been given above. Where is the problem?

1. Share broker
SPECULATION – LOSS – SHARE BROKER – S. 73


Where assessee a share broker, had incurred loss on trading transactions of shares entered into on its own Account, and said loss was to be treated as speculation loss as assessee would be deemed to be carrying on speculative business to extent of business of purchase and sale of shares of other companies with in meaning of Explanation to section 73.

B. L. K. Securities (P) Ltd. vs. ITO (2009) 27 SOT 142 (Delhi)

So loss carried forward as speculation loss.

22 July 2010 2. Mr. B
holding as investment so it would be STC Loss and LTC Loss in case held for more than 1 year.

22 July 2010 thanks a lot sir,

sorry i just got a little confused

sir please consider MR. b also

Mr. B incurred loss of rs. 25000 in holding investment (subject to stt and bse)as


what will be the tax treatment in above case ,

22 July 2010 q1. CAn loss be setoff or CF ?

q2. if it is gain and holding is for more than one year , subject to STT , through BSE, is that exempt under section 10(38) ??


22 July 2010 Mr. B
Holding as investment so it would be STC Loss and LTC Loss in case held for more than 1 year.

In case of STCL it can be carried forward for 8 years to be set off against future STCGains or LTC Gains.

In case of LTCL since gain is exempt loss cannot be allowed to be set off against any income or be carried forward.

22 July 2010 And to thank the expert use the thank user icon below the name of the person.



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