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Taxability of Commodity profit

This query is : Resolved 

04 March 2008 Under which head the profit from commodity transaction will be taxable.Whether it will be taxable under capital gain or as a business income.

05 March 2008 profits from commodity transaction is taxable under the head "Capital Gains" and not under "Business Income". Only F & O of equity segment is taxable under "Business Income" head

05 March 2008 UNDER THE HEAD BUSINESS INCOME

05 March 2008 Commodity Dealing are mainly without taking delivery. So as per act when there is transaction for purchase and sale or sale and purchase which is entered without taking delivery it is speculation gain/loss. So, that way you have to show it as speculation gai/loss. If you are taking delivery than selling. in that way it will be normal business, so apply as per business income.

05 March 2008 To CA Shaileshjee
Under the head capital gain the defination of capital asset no where define the commodity as an capital asset.In that regard can the profit from commodity transaction be considered as capital gain.


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