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Taxation on Share Trading

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In share trading , in case most or all of the trades of an individual are short-term in nature (meaning the shares were sold before completion of one year after purchase) , after the threshold of what amount of turnover , can the income tax authorities deem the profit earned from such trades as 'Business Income' ?

Or , is it that , because the individual has traded in his own assets (shares) only , irrespective of whatever turnover he does , he can always show the profit earned from such trades as 'Capital Gains' in his Income Tax returns ?

Also , how would the income tax authorities deem such such profits as (meaning Capital Gains or Business Income ) , based on size of turnover , in case most or all of the trades are long term in nature (meaning the shares have been sold after having been held for a period of more than one year) ?

Also, how would the profits be taxed in case they were earned from trading in unlisted shares ?

Classification of share trading affects whether profits are taxed as capital gains or business income based on trading factors Classification of profits from share transactions depends on the factual matrix rather than any fixed turnover threshold; authorities assess frequency and volume of trades, holding period, intention, organization of trading, financing, regularity, accounting treatment and related trading activities to decide whether gains are Business Income or Capital Gains, with the same indicia applied to unlisted shares. (AI Summary)
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