Assessee  entered into a development agreement and surrendered said old flat .  He received new residential flat after development .  In return of income assessee neither offered capital gain nor claimed any deduction under section 54F .  However, in course of assessment proceedings, assessee offered capital gain and claimed deduction under wrong section 54F .On appeal the Tribunal held that  merely because assessee had not offered or disclosed capital gain on transfer of flat in his return of income, it would not disentitle him from availing statutory deduction if he was entitled to it . Since Revenue Authority had no doubt that flat that was transferred and received back after re-development was residential property, merely because assessee claimed deduction under wrong provision of section 54F, his claim could not be disallowed if it was allowable under an appropriate provision . Accordingly the  assessee was entitled to  deduction under section 54 .of the Act . (AY. 2012-13)