https://www.taxtmi.com/caselaws?id=36297 Where the Tribunal had found that surplus from sale of shares was capital accretion and not business profit, the income was to be treated as capital gains in line with the assessee's own stand and the provisional assessment already made. A later rectification application under section 35 could not disturb that finding or create a right to refund of tax voluntarily paid on the same basis. The commentary states that the assessee was not entitled to refund and that the appeals were liable to be dismissed. en-us Thu, 06 Nov 1980 00:00:00 +0530 Sat, 20 Mar 2010 14:33:39 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=36297 Where the Tribunal had found that surplus from sale of shares was capital accretion and not business profit, the income was to be treated as capital gains in line with the assessee's own stand and the provisional assessment already made. A later rectification application under section 35 could not disturb that finding or create a right to refund of tax voluntarily paid on the same basis. The commentary states that the assessee was not entitled to refund and that the appeals were liable to be dismissed. Case-Laws Income Tax Thu, 06 Nov 1980 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=36297