Answer

ITR

Intraday equity trading is speculative business

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  1. Facts

    Intraday trades in shares, settled without delivery, are speculative transactions. Their profit or loss is speculative business income, kept separate from F&O and delivery trades.

  2. Provisions and law

    • Sec 43(5), Income-tax Act 1961Speculative transaction means one settled without delivery; derivatives on a recognised exchange are excluded
    • Sec 73 (now Sec 113)Speculation loss set off only against speculation income, carried forward up to 4 years
  3. Analysis

    If intraday profit was ₹60,000 and F&O loss was ₹2,00,000, the F&O loss can be set off against the intraday profit, since non-speculative loss can be set off against speculative income. But if intraday made a loss of ₹60,000 and F&O made a profit, the intraday loss cannot reduce the F&O profit. Report speculative income separately in Schedule BP.

  4. Conclusion

    1. Get intraday P&L separately from the broker
    2. Report it as speculative income in Schedule BP
    3. Apply set off rules: speculation loss only against speculation income
    4. Carry forward any speculation loss for up to 4 years

Sec 43(5) has no confirmed 2025 Act number in our mapping; cite the 1961 section for past years.

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