Section 44AD for share trading income

Can we report the income from sale of shares under Section 44AD instead of capital gain ?

Replies (9)
Quick Summary
This discussion explores the possibility of reporting income from share sales under Section 44AD, treating it as business income rather than capital gains. While permissible if consistently declared under PGBP, it comes with a crucial caveat: opting for presumptive taxation means you cannot declare lower profits or losses for five years. Additionally, an audit may be mandatory if your total income exceeds the basic exemption limit. The conversation also touches upon selecting the correct business code and the potential mismatch with brokerage SFT reports, which typically classify share sales as capital gains.

Yes, if have been continuously declaring the share trading income under head PGBP.

Yes , you can declare 6%/8% in 44AD but word of caution here, if you have opted for presumptive taxation in a particular year, and want to declare losses or income at less than the presumptive rate in any of the next five years then You cannot opt for presumptive taxation for five years.
Also Audit will be mandatory for that year if your total income exceeds the basic exemption limit.

Which business code we can select for sale of shares in 44 AD return?

'09028'                   

Thank you for quick reply sir, Can we just declare 6% on sale value of securities, or should I declare actual profit which I had received which is more than 6% on sale value? Will it cause a problem if i just report 6% instead of actual profit which i received?

Is it intraday trading or F&O transactions?

It is not intraday, We had nearly 400 transactions of delivery equity sale during the year, since the frequency of these short term trades are more, we wanted to declare it as business income and also the assessee is doing it like a whole time business. 

The issue is the SFT report of the brokerage house goes with capital gain statement.

So, if you declare it as business income, there are chances that ITR will be declared as defective.

The issue was not there earlier.

To more than 1.10 lakh profile hitters::::

"Sorry, I am not a featured member."

For featured members contact....

https://www.caclubindia.com/catalogue/featured.asp

Leave a Reply

Your are not logged in . Please login to post replies

Click here to Login / Register  

Company
Featured 03 October 2026
Accountant

A P Lodha and Associates

Jalna

B.Com

View Details
Company
19 October 2026
Accountants/Articles (Freshers/Experienced)

ADY & CO.

New Delhi

Graduate (Any)

View Details
Company
21 October 2026
CA INTER/ BCOM WITH EXPERIENCE

CA S KUMAR GUPTA & CO

Amritsar

CA Inter

View Details
Company
Featured ARTICLESHIP 28 October 2026
CA- Inter and Articles

N N V Satish & Co.,

Hyderabad

CA Inter

View Details
Company
ARTICLESHIP 07 October 2026
Article assistant

S.K.Bajpai & Co.

Noida

B.Com

View Details
Company
ARTICLESHIP 07 October 2026
Article Assistant

Malhotra Rajesh & Associates

New Delhi

B.Com

View Details
Company
ARTICLESHIP 20 October 2026
CA ARTICLE

AMKN & CO

Noida

CA Inter

View Details
Company
12 October 2026
Chartered Accountant - Internal Audit

HKC | Chartered Accountants & Business Advisors

Ludhiana

CA

View Details