ITO case

This query is : Resolved 

07 December 2009 One of the Ld. ITO says why not to disallow the short term capital gain on sale of shares as speculative business income. Kindly tell what can i reply sir..........

07 December 2009 Hi, u can simply say "sir u will have to change Income Tax Act for that". Regards,
CA Shakuntala Chhangani

08 December 2009 If the memorandam and articles specifies that the compoany objective as trading in shares then the gain is treated as speculative businwess income .
Other wise it is treated as capital gain itself

08 December 2009 U have to satisfy the ITO that u r not in speculation business


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