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Speculative or Capital

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(Querist)
29 January 2009 Sir,
please let me know whether profit earned from the sale of shares held in demat account is speculative or capital? It is said in the definition of Specualtive profit "Profit occuring other than by actual delivery" Whether sale of shares held in demat account comes under "otherthan by actual delivery"?
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CA. B.SRINIVASULU

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CA. B.SRINIVASULU (Expert)
29 January 2009
If you have a stock of shares and you sell from it then it is treated as profit on sale of share to be treated as capital gain.

If you sell the shares and buy later on for squaring up the transaction then it is treated as speculative profit.
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CA Nitin Wadhwani

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CA Nitin Wadhwani (Expert)
08 February 2009 Depends on Facts and Circumstances of Each Case.
Plz provide relevant details
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