The assessee entered into an agreement to sell a piece of land. Assessee filed its return declaring certain amount as long term capital gain from sale of land.  Assessing Officer made certain addition in capital gain declared by assessee. In appellate proceedings, assessee raised a new plea that agreement to sell was subsequently cancelled and, thus, in absence of any valid transaction relating to sale of land in existence, nothing could be brought to tax as long term capital gain.  Commissioner (Appeals) remanded matter back to Assessing Officer to verify genuineness of aforesaid plea raised by assessee. On appeal the Tribunal held that  the possession of land was never handed over by assessee to third party and, on said count alone, provisions of section 2(47)(v), read with section 53A of Transfer of Property Act, 1882, would not be applicable. Tribunal also held that  agreement to sell being an unregistered document, same would exclude applicability of section 2(47)(v), read with section 53A of 1882 Act.  Accordingly the addition was deleted. (AY. 2013-14)