Assessee, partnership firm, sold property for Rs.8.4 crore, allocating Rs.7.4 crore to building and Rs.1 crore to land. Buyer later joined firm and reintroduced property as capital contribution at same value. Assessee-firm did not declare capital gains, citing no change in WDV The  Assessing Officer held that for computing capital gain under section 50, only cost of acquisition per Section 50A should be considered, adopting WDV for asset reintroduced by incoming partner, and computed short-term capital gain.  Commissioner(Appeals) deleted said addition  On appeal the Tribunal held that  as per Section 45(4) distribution of capital asset as a result of dissolution of firm or otherwise fair market value of asset on date of such transfer shall be deemed to be full value of consideration received. Since in instant case there was no dispute about fair market value of consideration i.e. Rs.7.4 crores.  Assessing Officer should compute capital gain under Section 45(4). Matter was to be remitted back to file of Assessing Officer to compute amount of capital gain under Section 45(4) by taking fair market value as sale consideration and deducting WDV of asset as per Act. Tribunal applied Section 45(4), stating that transaction attracted capital gains tax. Assessee contended that even if there was transfer, section 50 was applicable and gains could not be charged to tax as written down value of property at end of year was more than written down value of property at beginning of year. Tribunal held that  section 50 had no application to facts of present case as same amount was assessed to capital gain u/s. 45(4).(AY. 2012-13)