S. 143(3) : Assessment-Capital gains-Observation by Tribunal in quantum appeal that capital gains arose in the year ending in December 1993-Admitted tax-The assessee could not approbate and reprobate that what is not paid on the due date cannot be assessed at all. The claim for refund of tax paid on the admitted income was not sustainable. [S. 2(47), 45(5)(b), Transfer of Property Act, 1882, S. 53A]