Answer

ITR

Salaried with intraday or F&O trades

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  1. Facts

    Intraday trading is speculative business and F&O is non-speculative business income. Either one means you need ITR-3, even if you are mainly salaried.

  2. Provisions and law

    • Rule 12, Income-tax Rules 1962 (now Rule 164, Income-tax Rules 2026)Prescribes the ITR forms and who must use which form.
    • Sec 43(5), Income-tax Act 1961Speculative transaction definition for intraday trading.

  3. Analysis

    Report salary as usual and trading in the business schedules. Losses from F&O can be carried forward only if the return is filed on time. Check turnover to see whether audit applies. Do not report F&O in ITR-2.

  4. Conclusion

    1. Get the broker's P&L and turnover report.
    2. Fill business schedules in ITR-3.
    3. Check audit applicability.
    4. File on time to keep losses.

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