ITR
Intraday equity trading is speculative income
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Facts
Intraday trading in shares without delivery is a speculative transaction under Sec 43(5) of the 1961 Act. Profit is speculative business income in ITR-3, taxed at slab rates.
Provisions and law
- Sec 43(5), Income-tax Act 1961Defines speculative transactions; derivatives on recognised exchanges are not speculative (2025 Act number to be confirmed)
- Sec 73, Income-tax Act 1961 (now Sec 113, Income-tax Act 2025)Speculation loss is set off only against speculation income and carried forward for 4 years
Analysis
Speculative income is kept separate from F&O business income. Example: intraday profit ₹60,000 and F&O loss ₹1 lakh; the F&O loss can be set off against the intraday profit, but an intraday loss could be set off only against speculative income. Speculation losses carry forward for 4 years under Sec 73 (now Sec 113).
Conclusion
- Separate intraday trades from delivery and F&O trades in the broker report
- Compute speculative profit or loss
- Report it in ITR-3 under speculative business
- Carry forward any loss in the return filed on time
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Business or professional income return, ITR-3 (including F&O and intraday)
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