Share transaction - speculative or not.

Hi

I have demat account and trading in shares -

I have indulged in both 'intraday transaction' and 'delivery based trading'. At the year end I have closing stock of sahres held.

The volume of intraday transaction was comparatively lower than delivery based trading.

My queiry is

• whether in this situation the taxman will treat it as 'speculative transaction' u/s 43(5) or normal business.
• if they consider it as speculative then can I put forth any arguements, as I have incurred loss and want to set it off against other taxaxble income.

Warm regards