Shares Investing cum trading (accounting)

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Amit

Accountant

201 Points Posted on 07 July 2011

My client is a long term investor in shares and alsosometimes does short term trading but is not full time trader.

For convenience, he uses TALLY programme and makes all buying and selling entries thru the programme and so share on hand are shown as stock in hand (opening stock, closing stock like)

Is it ok to show shares in account as stock or will he be considered a trader just because of his method of accounting and benefit of exemption of L.T. C. G will be denied even where applicable because of accounting method?

Replies (3)

C.A SHASHANK GOYAL

Chartered Accountant

366 Points Posted on 08 July 2011

PLZ , refer to the case law , i have seen such case law but exact name could not come up to my mind .

Amit

Accountant

201 Points Posted on 08 July 2011

Anyone with any more info. in this case please?

CA sudheer kumar sadineni

partner

32 Points Posted on 08 July 2011

method of accounting is irrelavent .the assessee has option to chose one of these two options

1.the income form trading can be shown as business income

2.or it can be shown as capital gain as long term or short term what ever it may be

if he show as business income then he can claim all expences as deduction .

if he shows as capital gain then income form business or profession is allways shown as loss.and there fore he can set off the loss from capital gain.

so it is betar to fallow second option he can get long term capital gain exemtion and can setoff business losses too

but the assessee has to fallow the option consistently

this issue is in appeal to heigh cout .the pre court has given the decission said above and fallow the option consistently.