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Can STCL be adjust with STCG

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Vijay (Adamo Studio) (2112 Points)
Replied 05 June 2011

We can definately adjust

We dont have a section that we cant set off against 111A STCG


Aparna Raja K.C (Student) (520 Points)
Replied 06 June 2011

Well... all what i can contribute is...

Speculative transaction u/s 43(5)  - a transaction in which a contract for the purchase or sale of any commodity, including stocks and shares is settled.

and as per sec. 73 - Speculative loss can only be adjusted against speculative income...

 


Aparna Raja K.C (Student) (520 Points)
Replied 06 June 2011

so as tushar stated... Speculative loss can be adjusted against the speculative gain ...

tax treatment is something we need to be concerned about on a later stage..

1st arrive at the net income.. then on tax calculation:)


M. N. JHA (CA) (8316 Points)
Replied 06 June 2011

@ vijay are u have any section wher it is mentioned

M. N. JHA (CA) (8316 Points)
Replied 06 June 2011

@ aparna How u assumes it speculative transaction. . ??? I think it is short term investment. . . .


srinivass (CA Final) (2466 Points)
Replied 06 June 2011

yes it canm be setoff against stcg.............. and mr.jha it is not a matter of INTRADAY OR TAX RATES............ just refer setoff and carry forward chapter once i hope u vl understand.....


M. N. JHA (CA) (8316 Points)
Replied 06 June 2011

Ok and thanks srinivass. . .

M. N. JHA (CA) (8316 Points)
Replied 06 June 2011

@ All, if u look my 2nd comment i accept this is adjustable with my friend mr. Tushar . . . . .but i not accept it is speculative. . . . . This is adjustable because "STCL may be set off against any Capital gain" not because of speculative transaction. . . . . . . . . Is i m right, this not speculative transatction???

CA,CMA,CS Karan Gogia (Employed) (230 Points)
Replied 06 June 2011

 

GUYS DONT CONFUSE URSELF HERE IS THE CONCRETE N SIMPLE ANSWER...

STCL is adjustable from STCG as per setoff rules...

1) Setoff provision doest diffrentiate b/w STCL/G us 111A or other STCL/G... therefore ALL STCL(clarify-U/s 111A+other) is adjusted agains STCG..

2)Dont confuse speculative & non speculative income ,...this classification is under PGBP & not under capital gain.

 

in case of any query write me at kitu.kool @ gmail.com


Mukesh Kumar Singh (CA-FINAL) (4094 Points)
Replied 06 June 2011

yes it can be adjusted



Upender Anand (C.A final) (58 Points)
Replied 06 June 2011

Yes it can be adjusted, short term capital loss can be adjusted in short term capital gain.

William Peter.a (CA Final ) (179 Points)
Replied 06 June 2011

yes, it can be adjusted, but short term speculation business loss cannot be adjusted against this , short term speculation loss shuold be adjuted with short term speculation income


M. N. JHA (CA) (8316 Points)
Replied 06 June 2011

Thanks to all. . . . . . . Resolved.

Aparna Raja K.C (Student) (520 Points)
Replied 07 June 2011

:) the definition of Speculative Transaction it self hold and includesthe transaction of Shares or Stocks.

so any gain or loss from sale or purchase of equty sharess will be considered as gain or loss frm Speculative Business :)



Aparna Raja K.C (Student) (520 Points)
Replied 07 June 2011

:P ... well... 1 min.. dont leave the room ....am yet to be clear...

why cant it be a speculative gain/loss?

it does satisy the conditions to be considered as a gain from speculative bussiness and as well as that of capital gain... so how should it be treated??



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