Icai guidance note

Akanksha Jain (Article) (690 Points)

14 January 2013  

As per the para 5.11 of Guidance Note issued by ICAI on Tax Audit u/s 44AB

 

The turnover or gross receipts in respect of transactions in shares, 
securities and derivatives may be determined in the following manner. 
 
(a) Speculative transaction: A speculative transaction means a 
transaction in which a contract for the purchase or sale of any 
commodity, including stocks and shares, is periodically or 
ultimately settled otherwise than by the actual delivery or transfer 
of the commodity or scrips. Thus, in a speculative transaction, the 
contract for sale or purchase which is entered into is not 
completed by giving or receiving delivery so as to result in the sale 
as per value of contract note. The contract is settled otherwise and 
squared up by paying out the difference which may be positive or 
negative.  As such, in such transaction the difference amount is 
'turnover'. In the case of an assessee doing speculative 
transactions there can be both positive and negative differences 
arising by settlement of various such contracts during the year. 
Each transaction resulting into whether a positive or negative 
difference is an independent transaction. Further, amount paid on 
account of negative difference paid is not related to the amount 
received on account of positive difference. In such transactions 
though the contract notes are issued for full value of the purchased 
or sold asset the entries in the books of account are made only for 
the differences. Accordingly, the aggregate of both positive and 
negative differences is to be considered as the turnover of such 
transactions for determining the liability to audit vide section 44AB.