Capital gain

rajeev mathur (prop.) (29 Points)

13 February 2016  

The assessee sold some property in F.Y. 2014-15. As consideration of sale, he accepted post dated cheques. The cheques subsequently dishonoured in F.Y. 2015-16. The assessee filed a suit against the purchaser for cancellation of sale agreeemnt which is at present, pending in court. 

My query is that whether the assessee can claim that the transcation is void ab initio and escape from capital gain