Agreement to sell was entered in AY. 2004-05 along with parting of possession and full value of consideration too was received. Assessee offered the Capital gains in AY.  2004-05. The Registration was done in subsequent year, AO reopened the assessment for AY.  2005-06 and invoked provisions of S.  50C, and made addition of difference between the sale consideration and FMV as determined by stamp duty valuation of the year of registration. On appeal the Tribunal held that 50C has no applicability in AY.  2005-06, and there was no failure on part of assessee in disclosing the facts, which can warrant the re-opening as well as additions by applying 50C in AY 2005-06. (AY. 2005-2006)