The Hon’ble Tribunal held that the  transfer of immovable property through the oral agreement does not fall in any of the limb of section 2(47). The instant case is neither a case of sale nor exchange nor relinquishment or extinguishment of any right in the assessment year 1995-96. In fact, the registered sale deed was executed by the assessee in favour of the purchaser in 2003. Therefore, the transfer has taken place in the assessment year 2004-05. Further no oral evidence can be given as against the registered document as per provisions of section 93 of the Indian Evidence Act. Moreover, in case of conflict between the oral statement and the written document, the contents of written document shall prevail as against the oral statement/agreement. Further the letter furnished by the Assessee of the Purchaser does not bear the date of taking over the possession of the land and the letter is also undated. In the said letter it was mentioned that the possession was taken over through the Irrevocable General Power of Attorney in the year 1994. However, no such power of Attorney was produced by the assessee. Further the assessee had not brought on record the evidence to show that the land was the capital asset in the records of the purchaser with effect from 1994 nor was any capital gain declared. The Hon’ble Tribunal thus held that considering the case from any point of view, the order of the Commissioner (Appeals) is affirmed. (AY. 2004-05)