The assessee was entitle to receive 26% of the constructed area as per the terms of the JDA. The Assessing Officer computed the long term capital gains qualifying the consideration as the cost of consideration of 26% of the constructed area and allotted to the assessee as per the JDA dated 11-5-2009 treating the cost of construction as the full value of consideration.  On appeal the CIT(A)held that the guidance value as the full value of consideration, which was affirmed by the Tribunal. On appeal by the Revenue the Court held that when the consideration is   not ascertainable, guidance value of land would be appropriate mode to determine full value of consideration. Court also held that provision of section 50D came in to force with effect from 1-4-2013 is not applicable for the year under consideration. Appeal of Revenue was dismissed.   (AY. 2006-07, 2010-11)