Ltd [(1964) 53 ITR 250, 260] this Court held that both Section 26(2) and the proviso thereto dealt only with profits and gains of a business, profession, or vocation and they did not provide for the assessment of income under any other head e.g. capital gains. The reason for that conclusion is stated thus: “It (the deeming clause in Section 12­B) only introduces a limited fiction, namely, that capital gains accrued will be deemed to be income of the previous year in which the sale was effected. The Civil Appeal No.3291­3294 of 2009, etc. Page 28 of 45fiction does not make them the profits or gains of the business. It is well settled that a legal fiction is limited to the purpose for which it is created and should not be extended beyond its legitimate field … The profits and gains of business and capital gains are two distinct concepts in the Income Tax Act : the former arises from the activity which is called business and the latter accrues because capital assets are disposed of at a