Distinction between shares held as stock-in-trade and shares held as investment - tests for such a distinction



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This article outlines the criteria used by tax authorities to distinguish between shares held as stock-in-trade and those held as investments. Drawing from CBDT Circular No. 4/2007 and key Supreme Court rulings, it highlights that no single factor is decisive; instead, the overall nature of transactions, book-keeping methods, and investment motives must be evaluated. Additionally, taxpayers are permitted to maintain separate portfolios for both trading and investment purposes, resulting in both business income and capital gains.

Distinction between shares held as stock-in-trade and shares held as investment - tests for such a distinctionCIRCULAR NO. 4/2007, DATED 15-6-2007 The Income Tax Act, 1961 makes a distinction between a “capital asset” and a “trading asset”.2. Capital asset is defined in Section 2(14) of the Act. Long-term capital assets and gains are dealt with under Section 2(29A) and Section 2(29B). Short-term capital assets and gains are dealt with under Section 2(42A) and Section 2(42B).3. Trading asset is d
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