Dismissing the petition the Court held that ;when  an assessee, who admitted income in his return as total income, is not entitled to retract such admission or go against such admission, merely because assessment based on such return was subsequently annulled and annulment of assessment, at best, may result in refund of excess tax levied by way of such assessment over and above admitted tax paid. Accordingly  only tax paid by assessee in excess of what was declared by it on its own in return of income would be entitled to be refunded.