Taxation

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Querist : Anonymous

Querist : Anonymous (Querist)

26 September 2013 transaction of gold commodity without taking delivery is it normal business transaction or speculative transaction or a capital gain ?????????????? assessee has done more than 2000 future option transactions.

CA Pooja Agarwal

CA Pooja Agarwal (Expert)
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26 September 2013 it is a speculative transaction

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Querist : Anonymous

Querist : Anonymous (Querist)

27 September 2013 Whether these transaction done on frequent basis through recognized stock exchange which is mcx, through its stamp and seal and transaction bill, can we consider this transaction as business transaction as per Section 43(5)? please guide me

Asha Kanta Sharma online

Asha Kanta Sharma online

(Expert)
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26 July 2025 Great question! Here's how it typically works for **gold commodity futures/options transactions** in India:

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### 1. **Speculative vs Business Transaction**

* **Section 43(5)** of the Income Tax Act defines **speculative transactions** as those involving the **purchase or sale of any commodity (including stocks, shares, derivatives, etc.) where delivery is not intended or does not take place**.

* **However, Section 43(5)** **excludes transactions done on a recognized stock exchange where settlement is in accordance with the rules of the exchange**. That means:

* If the **futures/options transactions are done on a recognized exchange** like **MCX**,
* And the settlement is as per the exchange’s rules (which usually involve **cash settlement**),
* **Then, these transactions are not treated as speculative but as normal business transactions**.

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### 2. **Your Case**

* You mentioned **more than 2000 futures/options transactions done frequently through MCX** with proper documentation and stamp.

* Since MCX is a **recognized stock exchange** and trades are governed by exchange rules:

* These transactions would generally be treated as **business transactions, NOT speculative transactions** under Section 43(5).

* Resultantly, **profits/losses from these transactions are treated as business income or loss**, eligible for normal business loss set-off rules.

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### 3. **Capital Gain?**

* These are **not capital gains** because the contracts are regularly traded and form part of your business activity, not capital assets held for investment.

* Gains/losses are from **business activity of trading in commodities**, thus treated as **business income**.

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### **Summary**

| Criteria | Treatment |
| ------------------------------- | ----------------------- |
| Trade on recognized exchange | Business transaction |
| No delivery, off-exchange trade | Speculative transaction |
| Held as capital asset | Capital gain |

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### **Important:**

* Keep **proper records**, transaction bills, contract notes issued by MCX.

* Classify these under **Business Income** in your tax return.

* Losses can be **set off against other business income** and **carried forward** as per normal business loss rules.

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If you want, I can help draft the exact explanation for your tax return or assist with relevant citations. Would you like that?

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