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[2007] 291 ITR 308 (MAD.) HIGH COURT OF MADRAS Sarojini Ramaswami v. Assistant Commissioner of Income-tax P.D. DINAKARAN AND MRS. CHITRA VENKATARAMAN, JJ. T.C. (APPEAL) NOS. 88 AND 89 OF 2002 JANUARY 22, 2007 Section 48 of the Income-tax Act, 1961 - Capital gains - Computation of â–  Where assessee claimed to be joint owner of property transferred, and not the sole owner, and also claimed deduction of additional stamp duty from consideration received but Tribunal's finding was that no documents were furnished nor evidence was given by assessee to substantiate that assessee was joint owner or had incurred additional stamp duty expenses Tribunal was justified in rejecting assessee's claim [Assessment year 1996-97] The assessee had sold certain property. The assessee claimed a sum of Rs. 1,00,000 as expenses on stamp duty and showed the net sale proceeds at Rs. 1,32,00,000. She claimed herself to be the owner of an undivided 1/5th share. In support of her claim that she was the owner of an undivided l/5th share, she relied on a purchase deed reciting the assessee's name and the ownership of the property. Referring to the application made to the Urban Land (Ceiling and Regulation) Authority, and other materials available, the Asstt. Commissioner came to the conclusion that the assessee was the sole owner of the property; consequently, the entire sale proceeds merited to be considered in her name to work out the capital gains on that basis. On the question of additional stamp duty, the Asstt. Commissioner noted that the expenses incurred in connection with the sale of the property were Rs. 50,000 and that the additional stamp duty alleged to have been paid was not evidenced by any material. The Commissioner (Appeals), held that there was no supporting evidence on the question of joint ownership. The Commissioner (Appeals) however granted relief for the cost of improvement at Rs. 5,00,000. The Tribunal upheld the order of the Commissioner (Appeals). Held that the Tribunal, as a final fact finding authority, had rightly affirmed the findings of the authorities below that no documents were furnished by the assessee nor any evidence given to substantiate that she…

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