Assessee acquired land from a partnership firm when all assets and liabilities of said firm was taken over by assessee under succession.  It recorded cost of acquisition of said land at Rs. 3.70 crores being value shown in books of partnership firm as on date of succession. Land was sold by assessee for Rs. 2 crores and short term capital loss was declared. However, for determining capital gain in hands of assessee, Commissioner (Appeals) took cost of acquisition at Rs. 2.50 lakhs being cost of acquisition in hands of partnership firm by applying amended provisions of section 49(1)(iii)(e) of the Act. On appeal the Tribunal held that since at time of filing of return by assessee on 30-9-2009, sub-clause (e) of section 49(1)(iii) was not in statute as same was inserted by Finance Act, 2012, even though said amendment was retrospectively effective from 1-4-1999, it could not be applied for computing capital gain in relevant assessment year.  (AY. 2009 -10)