accounting of shares

This query is : Resolved

Querist : Anonymous

Querist : Anonymous (Querist)

29 July 2010 Hi
Respected Sir.
Can any one tell me sir?

If a person totally engaged in buying and selling of shares for 1 weeks then whether he can show such income as business?

If not then why whether it is written and if it written then in what section of income tax act.

Shudhanshu Agrawal

Shudhanshu Agrawal (Expert)
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02 August 2010 There is a Section 43(5) which defines the word Speculative Business under Income Tax Act, 1961. To know whether sale and purchase of shares shall be considered under business income or Capital Gain will depend upon the intention for which shares were purchased. If shares were purchased for investment purpose and then sold. In such a case it shall be considered under Capital Gain. However, if shares are purchased to earn profit by using fluctuations in the prices then they shall be considered under business income.